HomeMy WebLinkAbout2002 1107 City Commission Workshop •
SUMMARY MINUTES
City Commission Workshop Meeting
Thursday, November 7, 2002, 7:00 p.m.
CITY OF SUNNY ISLES BEACH,FLORIDA
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AGENDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
Mayor Samson called the meeting to order at 7:00 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
• Deputy City Attorney Hans Ottinot
Deputy City Clerk Jane A. Hines
INTRODUCTIONS:
Mayor Samson read an introductory statement on decorum.
He then introduced Shelley Eichner, City Planning Consultant, and Vice President of
Calvin Giordano and Assoc.
Public Speakers: Shelley Eichner; Jorge Vera; Diana Grub-Frieser, Esq.; Citizens:
Josefina Hentschel; Julian Huzenman; Gina McCoy; Willie Aviles; Cliff Schulman;
Arnold Shevlin; Andrew Gross; Thomas Wahl; Raanan Katz; Bard Brenner; Gloria Taft;
Carla Fridman; Bob Welsh; Cassey Gabor; Cecile Sippin; Zack Greenberg; Roy Reinke;
Bobbi Sweed; Mary Ann Eicke; Oliver Freisse; Marjorie Larsen; Glenn Gemski;
Michael Greenhutt; Lee Liebman; Emanuel Pine; Mario Klinger; Raul Smith; Gene
Sweed; Ellis Beyda; Jeff Tucker; Arnold Taft; Stanley Price; Herbert Abramson; Bill
Lone
2. Discussion regarding the Proposed Land Development Regulations:
A. B-2 Zoning District:
Ms. Eichner summarized the last Workshop of October 24, 2002, and distributed and
reviewed a graphic showing the impact of having two tall buildings on the end (29
stories) with a 25-foot setback, with lower buildings in the middle (15 stories) with a
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100-foot setback. What this diagram attempts to show is a matter of a perspective and
comparison, and is a graphic depiction of what Mayor Samson had envisioned at the last
Workshop, which offers an option. Commissioner Goodman questioned the setback on
the site plan and asked if there would be tables, shrubbery and a park on the ends, and
Ms. Eichner said that was only in the middle area as 25 feet was not big enough for much
more, but from a planning perspective any option at this point could work.
Commissioner Goodman asked if this would be considered "Spot Zoning" because of the
different setbacks and the heights of the building, and Vice Mayor Iglesias asked if
something is consistent with the Comprehensive Plan would it be considered "Spot
Zoning"? Ms. Diana Grub-Frieser explained that you could theoretically have a zoning
district regulation which is consistent with the Comprehensive Plan but still for other
reasons might be determined by court to be "Spot Zoning". She further stated that the
concern "Spot Zoning" is a very general concept but basically it represents a judicial
theory that certain courts have set aside certain legislative decisions under this theory of
either "Spot Zoning" or "Reverse Spot Zoning", the underlying concept is that the
legislative body has not been reasonable and has shown equality within certain decision
making. The key to avoiding "Spot Zoning" is whether or not there is a planning basis
which is developed by the legislative body to support the ultimate decision of the body.
If you are doing something on a planning vision/scheme for an area, then the City is
going to be on strong ground in defending its legislative action.
Mayor Samson asked what the depth of the land from 167th Street to 172nd Street which
will not include the Casino Property. Jorge Vera said that it runs from 550 to 650 in
depth. Mayor Samson stated that on the two tall buildings on the end, he would rather
see a 150-foot setback rather than 100 feet. Commissioner Edelcup suggested as an
alternative to be uniform in having all low buildings (15 stories) from 167 to 173rd and
not bificate the area in tall and short and have the plaza across the whole front but
perhaps not as deep as 150 feet but pedestrian friendly, and that the width of the
buildings not to exceed 200 feet wide and that if towers were in there, that no two towers
could be more than 100 feet wide, with a lot coverage of 70% building, and 30%
green/plaza. Mayor Samson does not support this proposal because we do not want
block buildings built, we want tall and skinny buildings. As far as setback is concerned,
he would like to see the setback at 35 feet rather than 25 feet. Commissioner Edelcup
clarified his proposal for setbacks as 50-foot in the front, 20-foot on the side, and 15-foot
in the rear. Commissioner Kauffman said we would have box after box of same size
buildings, and she agrees with the Mayor with the 150-foot setback, and we have to have
a variety of height. Commissioner Edelcup said that the picture does not show across the
street of tall buildings which would cause a concrete canyon. Commissioner Goodman
stated that the major problem that he foresees is that the "Casino Property" is not deep.
If the Casino Property was as deep as the other end, then we wouldn't be having this
discussion. Setbacks are very important. Start from the Rascal House.
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B. Public Input:
Several citizens spoke and gave their views and suggestions. Willie Aviles asked how
the City can let a developer move a street almost 500 feet from where it is suppose to be
without telling the people, specifically 172nd Street and North Bay Road, where they are
building four new buildings. Mayor Samson said he would have the City Manager look
into it.
Vice Mayor Iglesias noted from the Comprehensive Plan, pages 21 & 22, the plaza
becomes the most important element and by law, we must follow the Comprehensive
Plan. He stated that FDOT did a traffic survey and that the traffic has increased. He
stated that the Town Center area is only 17% of the west side of Collins Avenue.
Mayor Samson announced that the First Reading/Public Hearing of the LDRs will be on
Wednesday, November 20, 2002 at 7:00 p.m. He announced that he will allow speaking
with a 3-minute limit. Second Reading/Public Hearing will be on Tuesday, December
10, 2002 at 7:00 p.m. at which time we will vote.
Commissioner Goodman asked when the Citizens Planning Committee discussed the
City Center, did we designate the area that was going to be the City Center at that time or
was there no designated area at that particular time? Commissioner Edelcup was on the
same Planning Committee we did not designate a height at any time for the Town Center,
and what we are talking about today is what is too high. Bill Lone answered
Commissioner Goodman's question and answered no— we only designated the concept
and the benchmarks for the concept.
Ms. Eichner stated that she and Jorge Vera, Zoning Director, needs guidance and
consensus as to what type of criteria will be written into the B-2 Zoning in generality.
The concept that was originally presented which is a request that was made at the last
Workshop what we refer to as the Bull Nose where all of the zoning criteria in B-2 in the
area would be the same except for the Bull Noses carved out with a different height and
setback from the area in the middle. At the beginning of ,tonight's meeting,
Commissioner Edelcup went one step further about keeping one zoning district, with
everything at 15-stories with some additional criteria in terms of side setbacks and rear
setbacks to create view corridors. What she needs right now is some type of numbers to
get plugged into to fill the holes as to what we are going to do with the B-2 area along
Collins Avenue.
Mayor Samson likes the original idea of anchors: tall building on the north (on the
Casino Property), a tall building on the south (Newport Parking Lot) to go 325 feet in
height; He asked for 150-feet but will live with a 100-foot setback. In the back the
developer can build anything he wants if the City approves for example a theater or
recreation center, but they should have a certain amount of openings between the
buildings. Also, he asked that the setback on the north end to be 35-feet if it is plausible.
He also liked the plan he heard from Mr. Price, where we approve the area at 172nd Street
north and put the area south of 172nd Street to 167th Street on an open area under the
Summary Minutes:LDR's Workshop,Nov.7,2002 Page 3
auspices of Miami-Dade County regulations until such time that the City of Sunny Isles
Beach adopts their code for that area.
Commissioner Kauffman stated that we have to have concrete LDRs. There are two
viewpoints, either Multi-use —Multi-height, or all the same.
Ms. Eichner stated that the chart she presented tonight was a concept only, not a plan, not
a site plan, it was to give everyone a feel graphically. This plan is just a boxy look. The
basic premise of your B-1 and B-2 is to have a mix of office, retail and residential. It
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particularly states in the Comprehensive Plan that no one use can occupy more than 70%
which forces it to become a mixed-use. We have two concepts: 1) Bull Nose Concept; or
2) everything at the same height. Mayor Samson said that Ms. Eichner is asking for a
plan to bring forth for first reading on November 20, 2002. He suggested high north,
high south, 100-foot setback, whatever buildings they want to build in,the back with the
approval of the Commission, up to a limit of 15 stories. Ms. Eichner said that we are not
voting on a Plan, you are voting on a Zoning Code. If you want to move forward with
the Bull Nose concept, she will write the zoning criteria in such a matter that will carve
out new zoning categories. Vice Mayor Iglesias suggested that she do three plans. The
third plan would be 29 stories straight across but that was not the consensus. Ms.
Eichner stated what we are looking at are some basic perimeters to fit'in, we can always
come back at a later point in time and what the Commission is asking for is a full site
plan which cannot be done at this time. Ms Grub-Frieser stated that we have to have
perimeters of what development permits, we cannot have ad hoc zoning. We have to
have criteria and regulations that specify what the developments can be. Within that
there are still architectural issues that have to be brought up, development and design
issues that come into an application that is part of the site plan review, etc., whatever the
• application requires. She stated that we must have the basic development perimeters:
density, FAR, height, setback, and lot coverage.
Ms. Eichner stated that we also need to discuss the B-2 along Sunriy Isles Boulevard.
About a year ago the City adopted an overlay zoning district with its own criteria for the
corridor along Sunny Isles Boulevard. She recommended to incorporate that zoning
overlay criteria into the LDRs and that would be the holding pattern for Sunny Isles
Boulevard at this juncture. There was consensus to do this.
The meeting ended at 9:40 p.m.
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