HomeMy WebLinkAbout2002 0708 Special City Commission Workshop Minutes SUMMARY MINUTES
City Commission Workshop Meeting
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
Monday, July 8, 2002, 1:00 p.m.
1. CALL TO ORDER/ROLL CALL OF MEMBERS
[City Clerk's Note: Prior to the meeting David Lederman, Esq. andiMayor Samson spoke
about his desire to make a presentation to the Commission] The meeting was called to
order by Mayor Samson at 1:07 p.m., with the following officials present:
Mayor David Samson
Vice Mayor Danny Iglesias
Commissioner Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Lila Kauffman
City Manager Christopher J. Russo
City Clerk Richard Brown-Morilla
Deputy City Attorney Hans Ottinot
2. DISCUSSION REGARDING LAND DEVELOPMENT REGULATIONS
Public Speakers: Shelley Eichner; Joseph Milton; Stanley Price, Esq.; Bill Lone; David
Lederman, Esq.; Clifford Schulman, Esq.
Shelley Eichner noted that this was a continuation from the prior Workshop; starting with
MUR's.
Vice Mayor Iglesias wanted to address what was said at the last Workshop that there was
a consensus on site development standards for single family residential (R-1) of 35% lot
coverage; he proposed including accessory use buildings in the calculations. He wanted
to use 42% as a maximum for lot coverage.
• Mixed-Use Resort (MUR)
Shelley Eichner reviewed the areas of prior consensus:
1) Deleting cabarets as a permitted use;
2) Deleting the sentence that said "Uses that are similar to those enumerated above."
The consensus was to either list them as prohibited, you itemize them...it leaves up
too much discretion;
3) Deleting reference to the conditional uses that are permitted in RMF-1 to be
permitted as a conditional use in MUR. Every category should stand on its own as
far as permitted use and conditional use without the need of flipping back and forth
between the various sections of the Code;
4) There is a provision in the Code that the Beach Access Trust Fund Contribution can
be waived. Administratively the recommendation would be that that type of waiver
should be brought back to the Commission to decide; and
Summary Minutes:City Commission workshop Meeting July 8,2002 City of Sunny Isles Beach, Florida
5) A housekeeping type of issue — in the MUR there is a whole section dealing with
parking and loading spaces and we are recommending that that portion be moved
into the parking section of the Code.
Vice Mayor Iglesias:
At the last workshop we had discussed the rear setbacks and what happens to the lots
that are south of Sunny Isles Boulevard on the bulkhead line, (on page 26) and are now
discussing the Interior side setbacksNiew Corridors. Vice Mayor Iglesias wants to
discuss side setbacks (see page 27) and add #3 for those parcels adjacent to a public park
5-feet side setback minimum separation. With respect to Maxitniun Building Width on
(f), proposing that you have 1 and 2 for lots that are over 150 feet and under 150 feet.
Also only for buildings that are within the same lot. For those buildings exceeding two
stories or twenty (20) feet in height: if they are allowing for a lot of separation then you
may add two feet for each building separation exceeding 100-feet not to exceed the
required side setback.
On page 28: Floor Area Ratio: section 2(d): "Floor space ini interior balconies or
mezzanines." add "and that portion of structures which exceed 20-feet above grade not
used for required parking" Put the next section 2(e) (top of page 29) under Floor area
does not include:.
Joseph Milton suggested including a concern that the parking on the west side should
also not count within the FAR. Commissioner Goodman commented that the use of the
west side of Collins Avenue for parking can pose significant public traffic safety
problems.
Stanley Price, Esq. sought to clarify what Vice Mayor Iglesias said.
City Manager Russo: commented on Joseph Milton's issue 'regarding the parking
garages across, on the west side of the street. One of the things that we just went
through are our impact fees. When you allow west side parking there are additional
impacts for: Police services, and otherwise and that is why we should clarify that if we
are going to allow west side parking for all the reasons that Joseph Milton mentioned, it
should be clear that the impact fees apply separately to that facility. It is in a separate
location than the parking that is physically within the residential building.
Vice Mayor Iglesias:
Page 33 (l) Subdivision of Hotels and Motels.
Section (1) Definitions: a) "subdivision of a hotel or motel' shall mean the sale,
conveyance, or long-term lease or sublease (for more than six (6)months)of five percent
(5%) or more of the units in a hotel or motel by the same seller, lessor or sublessor.
Regarding the 5% rule, Shelley today said that we shouldn't have any and Vice Mayor
Iglesias feels it should be brought up to 35% because this is very difficult to enforce and
Summary Minutes:City Commission Workshop Meeting July 8,2002 Cityiof Sunny Isles Beach, Florida
he feels that 35% is more doable for condos because it provides for three things: 1) It is
more in line of what we have in Sunny Isles Beach; 2) the hotel industry requires at least
65%-70% of the hotel for them to run a good business; 3) the offseason really takes a
hit on the City. Vice Mayor Iglesias feels this is a good number and it will not tax our
infrastructure, it will keep business in the area in off-season, and still provide for the
hotel transient use.
i
Bill Lone: Agrees with Vice Mayor Iglesias' recommendation to increase the
percentage. However, he feels that the City should maintain that part of the legislation
that a condo hotel is a hotel and must be managed by a professional organization and it
must provide a utilization report to the City annually so that we have a controlled
measure to determine how the property is being used and what taxes are owed to the
City and Miami-Dade County.
Mayor Samson disagreed with Vice Mayor Iglesias.
David Lederman, Esq. proposed that the City increase the percentage of unit owners
allowed to occupy their respective condo hotel units year-round from 5% to 50%. He
noted that the City does not receive any bed tax proceeds from the County, and that
Lockout Units are always problematic.
Stanley Price, Esq. says the real issue is parking, and the area of the Code should be
amended to allow for greater occupancy.
Right now the developer determines which of the 5% are exempt from the rental pool,
and that record should be available to the City under the City's reporting system.
Shelley Eichner said the site plan of a building should specify which units are for private
ownership, and as to retroactive application, we would need ian amendment to the
existing site plan.
Up to 50% with monthly reporting, a recording fee should be in place.
Vice Mayor Iglesias: page 28, section (i) 2) (b) "Floor space of balconies exceeding 15%
of the dwelling unit floor area or any part of which encroaches on a setback or building
separation." We want to encourage balconies so we want to say "Floor space of
balconies and any part which encroach on a setback of a building separation... In other
words if they can build that balcony within the building without encroaching, then let
them build the balcony.
Joe Milton re: (o) open space on page 35, already done at the last workshop.
Summary Minutes:City Commission Workshop Meeting July 8,2002 City of Sunny Isles Beach,Florida
• Neighborhood Business (B-1) — provides for retail sales and services to a surrounding
neighborhood.
Shelley Eichner: (Item I. page 3 on the agenda) Under prohibited uses, delete sale of
goods other than to the ultimate consumer and sale of alcoholic beverages for on-
premise consumption except with meals.
Lot coverage permitted is 80% including parking and building coverage
Landscaping increased from 10% to 20% of entire site
Include minimum lot area to be 10,000 square feet.
Base FAR increase from 1.5 to 2.0
Parking structures do not count towards FAR if they are camouflaged.
• Community Business (B-2)— provides for general commercial activity for a wide range
of goods and services to the entire community.
In northern area: make it a B-1
The remaining B-2 is to be the new Town Center Overlay District, and currently there is
no height limitation in place. Vice Mayor Iglesias strongly expressed his a opinion of
opposition to any height restriction in the area. Mayor Samson agrees as to Sunny Isles
Boulevard, but he wants some height restriction for Collins Avenue. Ms Eichner
reminded that currently the Code has no height restriction fork the area, and that the
Commission was not creating the Town Center district now. She was recommending
that some maximum height be established for the current B-2 zoning area(which is one
and the same as the Town Center — see further discussion below under Town Center
Overlay). Commissioner Edelcup noted that Ms. Eichner had proposed 26 stories for
the Blvd., and he suggested using the same for B-2 on Collins Avenue. Commissioner
Kauffman suggested making a height limitation, and asked what difference in zoning
criteria exists between Collins Avenue— going north and south, and Sunny Isles Blvd. —
going east and west. She suggested that given the differences,jthev should be treated
differently. Vice Mayor Iglesias suggested 35 stories with modifications. Mayor
Samson proposed a temporary height limitation of 300' includink everything on the roof
and parking; and for the Commission to determine killing visibility of an immediate
building. (approximately 30 stories) Commissioner Edelcup' noted that it was still
subject to setback requirements. Vice Mayor Iglesias then agreed with the Mayor to
leave it at 30 stories now, 300 feet. Clifford Schulman agreed to 300 feet on an interim
basis, but asked for an additional 20 or 25 feet for the rooftop elements; he then asked
for 350 feet inclusive. Mayor Samson noted that Mr. Schulman had suggested 325 feet.
He said "I'm not going to argue about 25 feet."
Currently it says Lot coverage limited to 80%, but it could go to 90%. Consensus was
to go with 80%.
Include minimum lot area to be 10,000 square feet
Base FAR increase from 1.5 to 2.0
Summary Minutes:City Commission Workshop Meeting July 8.2002 City of Sunny Isles Beach.Florida
Shelley Eichner says you cannot totally prohibit adult entertainment throughout the City,
but we can legislate it, so as to allow in this area. She recommends that the City
Attorneys draft an Adult Entertainment Ordinance.
• Town Center Zoning Overlay
Zoning criteria for area along Sunny Isles Boulevard.
Divided Sunny Isles Boulevard as the North Side and the South Side. Mayor Samson
asked who set the criteria for height for the south side. Shelleyi said it was based on
some plans or ideas that Jorge Vera has been speaking on. Mayor Samson
recommended 325 feet on the south side and on the north side go to 100 feet (ten
stories). Vice Mayor Iglesias agreed.
3. DATE FOR NEXT WORKSHOP MEETING/ADJOURNMENT
The next City Commission Workshop will be held on Thursday, July 25, 2002 at 1:00
p.m. The meeting was adjourned at 3:17 p.m.