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HomeMy WebLinkAbout2002 0521 City Commission Workshop 051?-1; •• . ,•_rte : ^'.. . 1 i U MZ • SUMMARY MINUTES City Commission Workshop Tuesday, May 21, 2002, 6:30 p.m. CITY OF SUNNY ISLES BEACH,FLORIDA ATTENTION ALL LOBBYISTS: CITY LAW REOUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF,BOARDS,COMMITTEES OR THE CITY COMLMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. 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; .i. ;rt. arrc .7;41 tea. 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. tri • 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. •