HomeMy WebLinkAbout2002 0521 City Commission Workshop 051?-1; •• . ,•_rte : ^'.. . 1 i
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SUMMARY MINUTES
City Commission Workshop
Tuesday, May 21, 2002, 6:30 p.m.
CITY OF SUNNY ISLES BEACH,FLORIDA
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AGENDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 6:31 p.m., with the following
officials present:
Mayor David Samson
Vice Mayor Danny Iglesias
Commissioner Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Lila Kauffman (absent)
City Manager Christopher J. Russo
City Attorney Lynn M. Dannheisser
City Clerk Richard Brown-Morilla
2. INTRODUCTION
City Attorney Lynn Dannheisser introduced Diana Grubb-Freisser, Esq. and Shelly
Eichner, City Planner, and Vice President of Calvin Giordano and Assoc. Diana Grubb-
Freisser, Esq. said that the Legal review has been completed, but many underlying
planning issues had not been resolved yet.
She was proposing three (3) workshops: 1)
2)end of June, and 3) end of July
and hopefully with adoption of the LDR's in the fall.
3. ZONING MAP
Action: A zoning map was distributed. Commissioner Edelcup noted that the future use
for Sunny Isles Blvd. has not yet decided, and Vice Mayor Iglesias agreed and mentioned
that the configuration of the lanes might change. Commissioner Edelcup also noted that
the map should be corrected to reflect that there is a small shopping center in the middle
of the Winston Towers complex on North Bay Road and 174th Street.
Vice Mayor Iglesias noted that the City may add additional Recreation areas, and he
proposed increasing
Public Speakers: Cecile Sippen;
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4. ROLE OF ADMINISTRATION V. COMMSSION
Action: Consensus that approvals of site plans and granting variances will belong to City
Commission, not the City Manager, although they can make recommendations.
5. ADVISORY BOARD
Action: Initially the consensus that the City should continue having a Planning Advisory
Committee, but with recommendation authority only, no decision making, unless the
Commission should delegate an issue. Ms. Eichner agreed that having an informal
committee is preferable than having a more formal Board. Ms. Grubbs-Freisser
recommended the use of a formal Board for recommendations for example to hear
conditional use prior to the City Commission. After considerable discussion, City
Attorney Dannheisser asked the consultants to draft legislation for proposed guidelines
for a professional committee.
Mayor Samson proposed revamping the CPAC and adding professionals for a total of 20
members. Vice mayor Iglesias . City Attorney proposed giving the ClManager the
authority to hire professional consultants and to charge the developers for the expenses.
The final consensus was that the City should not have formal Advisory Boards.
Public Speakers: Roslyn Brezin; Phillip Chemoff; Thomas Daly; Clifford Schulman,
Esq.; John Shepherd;
6. VESTED RIGHTS CONCEPTS
Action: Ms. Grubb-Freisser reviewed the equity of vested rights that can apply. She
mentioned there are three options: 1) if the developer only has vested rights if they have
their development approval completed; 2) the vesting would apply at the moment of
completing their application; and 3) set no standard and decide vesting on a case by case
basis. Further there are two issues relating to vested rights: 1) when should the vested
rights commence, and when should they end.
Ms. Grubb-Freisser says that there is no vesting under a zoning law, and she said the first
option is legally supportable. She mentioned the quote that "rights which rest, do not
vest;" meaning that if a developer does not act on their development permit they will
lose their rights.
Commissioners Edelcup and Goodman supported option #1. Mayor Samson supported
option #2, and Vice Mayor Iglesias agreed to support option #2 but with a two year time
limit. The issue will come back later.
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When do vested rights end? The final consensus was that the proposal from Ms. Grubbs-
Freisser should be used, provided that they comply with the conditions and must keep the
permit alive.
There was a consensus that the time period would be the end of the first development
permit (two years).
Most codes establish an extension period of for example six months, having proved some
evidence.
She recommended against requiring registration to establish vesting, provided they have a
development order, and it was agreed.
Public Speakers: Clifford Schulman;
7. TDR ORDINANCE
Action: Ms. Dannheisser [There is a memo from Hans to the City Commission dated
May 16, 2002 titled “TDR's Ordinance"]
Town center, mixed use neighborhood district, .She noted that there is no town center
district established yet. The Comprehensive Plan says that a transfer of TDR's from a
private site to a public site must serve a public purpose. If multiple developers are
interested in specific TDR's, and the consensus was to then auction the rights. Limited
to 30 To of intensity in transferable development rights based on the intensity of the
receiver site, if to public purpose. Iglesias suggested allowing the development of the
remaining 70% of development rights, based on the receiving site. Samson if a developer
transfers part of his TDR's to another one of his sites, then he gives up his rights to
develop on the donor site.
Commissioner Edelcup noted that we may need to amend the Comp Plan.
Mayor Samson asked about the scenario where a developer owns land on the ocean and
also land on the west side. He wants to transfer the development rights to his ocean
property and then give the west side land to the City for a park. City Attorney
Dannheisser said not a problem.
Public Speakers: Joe Milton; Cliff Schulman;
Schulman suggested allowing the transfers but for a limited time. Dannheisser said that
if Comp Plan is amended, then She reminded that originally the intention for the TDR's
was for the City to be able to sell the TDR's note for the developers to transfer their own.
Vice Mayor Iglesias suggested allowing the developer to develop on the entire site, even
if there was a transfer of part of the development rights.
City Attorney Dannheisser proposed the scenario where the sender site would remain
vacant (it would go to the City) but allow developer to transfer or sell all of the
development rights, within a defined time frame (five years), then the Comp Plan
wouldn't need to be amended, and the City would get the land immediately.
Value of TDR's could be determined based on the sales for the last six months rom
public to private.
TOPICS FOR THE NEXT WORKSHOP:
Various zoning categories and the criteria, She sail there is no category the town center
and Sunny Isles Blvd. are not included within the draft LDR's
Next Workshop: Wednesday June 26, 2002 at 5:00 p.m.
The Workshop was adjourned at 9:37 p.m.
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