Loading...
HomeMy WebLinkAbout2015-0716 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, July 16, 2015, 6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAN REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS,COMMITTEES OR THE CITY COMMISSION. 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 Scholl at 6:30 p.m. with the following officials present: Mayor George `Bud" Scholl City Manager Christopher J. Russo Vice Mayor Jeanette Gatto City Attorney Hans Ottinot Commissioner Isaac Aelion City Clerk Jane A. Hines, MMC Commissioner Dana Goldman Deputy City Manager Stan Morris • Commissioner Jennifer Levin 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Michael Gates led the Pledge of Allegiance to the flag. Mayor Scholl called for a moment of silence for the victims of a tragic incident that occurred today in Tennessee involving the Armed Forces. City Manager Russo gave the invocation. I Mayor Scholl gave opening remarks of decorum, and noted that he had/put a new item on the agenda supporting the South Florida Mayors' Beach Alliance regarding beach erosion/ renourishment. We have been trying to heighten awareness to our beach erosion issue, the State owns the beach and the County manages the beach. The fact is thatjwe have been kind of left alone lately as far as beach erosion is concerned with an expectation level that some of the coastal communities can pay for the beach renourishment. As strong as a community we are financially, beach renourishment would probably bankrupt us over'time. Mayor Scholl said what he did was to reach out to the coastal mayors of Golden Beach, Bal Harbour, Surfside, Miami Beach, and Key Biscayne. On July 9, 2015 he along with Miami Beach Mayor Philip Levine, Surfside Mayor Daniel Dietch, and Key1Biscayne Mayor Mayra Lindsay got together in Miami Beach and called a press conference, and a whole bunch of folks showed up and we were on the 6:00 p.m. news. We talked about the fact that the beach is the biggest economic driver in South Florida, that many'of our cities names have the word "Beach" in them, and that the beach is eroding and we need relief. The fact is if the County doesn't put it on the agenda and the State doesn't look at it as a priority, the issue is going to be a recurring issue over time. The good news is we had the news conference and we got a lot of press coverage the next day in the newspapers, and his phone started to ring off the hook by the elected officials from the County. To their credit, County Mayor Carlos Gimenez and County Commissioner Sally Heyman hale been very supportive of us in this area, but they are only one vote. Commissioner Heyman handles most of the coastal communities. They have done a very good job trying to support us but the rest of the County Commission has not approved the funding in past years. It looks like this year we are going to have some funding that will be up for consideration and hopefully we can get some matching funds from the State and the federal government. Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Islcs Beach.Florida Mayor Scholl said on the focus of Outreach. in Northeast Dade County one of the things we realized is if we have a disaster here, we have to get off of our island and,go to Aventura or North Miami Beach, and they have to get west as well and everybody has to be well coordinated. We pulled together the Northeast Dade Mayors and hosted la meeting here a couple of weeks ago. We got the Dade County Department of Emergency Management to come in, all the key Emergency Management officials including the Director of the National Weather Service. They gave us a lot of information and they have a very good infrastructure, a lot of planning but it also helped us with our neighboring cities to understand what our coordination efforts looks like. Law enforcement islon this and we are going to continue that. For the next meeting we have in September, we fare going to bring FDOT in to talk about traffic and signalization coordination between our cities because a lot of times we make these efforts within one municipality but the fact is that we are all attached at the hip by the road system. Mayor Scholl said that we have also been working with the County to move the Skate Park to Haulover Park. The good news is that the County is willing to give us some land at Haulover Park. The additional good news is that it looks like some Oil our neighboring communities might pitch in as well because they realize it would be a community asset for everybody. We never wanted to close the Skate Park because it is hard enough to find things for teenagers to do but it has cost Vice Mayor Gatto a lot of consternation and so he applauds her tenacity because he thinks it is finally paying off. Hopefully in the next month or two they will have an announcement about it and the design to move the Skate Park. Mayor Scholl announced that County Mayor Carlos Gimenez is sponsoring a Pet Workshop on Saturday, July 25, 2015 from 10:00 a.m. to 4:00 p.m. at the Port of Miami Terminal "J" and all the neighboring cities are involved. Mayor Scholl said he will make sure that there is something on our website about it as well. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—June 18, 2015. Action: Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the above mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Additional Information: Item 6B. Site Plan for Publix; Add-On Item 10J. Support the Creation of the South Florida Mayor's Beach Alliance. Action: Mayor Scholl noted the above changes. Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the above changes to the agenda.The motion was approved by a voice vote of 5-0 in favor. a Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach.Florida 5. SPECIAL PRESENTATIONS None 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of 17550 Collins Avenue, LLC. for the Residential Condominium Tower/Commercial (Restaurant/Office/Retail) for the Property Located at 17550 Collins Avenue for the Following: (Hearing #PZ2015-10) Summary: The Applicant is seeking approval of a site plan application for a 17-story residential tower with a ground floor commercial space (Restaurant/Office/Retail). The application consists of 61 residential units and 126,888 square feet of floor area ratio (FAR).'Additionally, the Applicant is requesting approval of the use of mural and graphics on temporary construction fencing. This Zoning Application was deferred from the Public Hearing scheduled on May 21, 2015. Requests: 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval for a 17-story, residential tower with 61 residential units and a commercial ground floor (Restaurant/Office/Retail) with a total Floor Area Ratio (FAR) of 126,888 square feet. 2. Pursuant to Section 265-63.3 (G) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the use of graphics and murals on a temporary construction fence. Protests 0 Waivers 0 Ex Parte 2 Action: Mayor Scholl gave opening remarks on zoning procedures/decorum. City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to witnesses. City Attorney Ottinot asked if there were any Ex Parte Disclosures and:Mayor Scholl and Commissioner Aelion said they each had met with the Developer to discuss the Application. City Planner Claudia Hasbun reported that this Application'was deferred from the May 21, 2015 public hearing. The Applicant's initial proposal consisted of a site plan for an 18-story residential tower with 77 residential units and 6,000 square feet of a ground floor restaurant with a total Floor Area Ratio (FAR) of 165,538 square feet. The proposal has now been modified and the Applicant is seeking approval of a site plan application for a Mix-Use 17-story residential Condominium consisting of 61 residential units with 5,721 square feet of ground floor commercial space for a total of 126,888 square feet of floor area ratio (FAR) for the property located at 17550 Collins Avenue. I Additionally, the Applicant is requesting approval of the use of mural and graphics on+their construction fencing. The Applicant is also requesting an increase in floor area ratio of 0.95 for a total floor area of 2.95 and if approved the Applicant shall provide to the City:a non-refundable deposit in the amount of$78,408 which is 10% of the total of$784,080i, They need to pay this within three (3) days of this site plan application if approved. Staff and consultants have reviewed the site plan application, and based on review the application is consistent with the City's Comprehensive Plan and Land Development Regulations'. Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach,Florida Ms. Hasbun noted that there are several conditions including that a restaurant use is not allowed on the ground floor, and the Applicant has agreed to that. These conditions also include the reduction of units. In addition, the Applicant is not requesting any variances. If approved, the site plan application is subject to all conditions stipulated on the Staff Report. City Attorney Ottinot said for clarification no restaurant or retail uses on the ground floor, and Ms. Hasbun said that is correct. Public Speakers: Ethan B. Wasserman, Esq.; Tim Lobanov; Luis O. Revuelta, Architect; Mike Malina; Rabbi Yisrael Baron; Shimon Bouskila; Chayim Kessler; Sharly Digadker; Sam Jaffee; Joy Cohen; Yehuda Schechter; Kevin Thomas; Tucker Gibbs, Esq.; Alain Elkaim; Alex Shnayder; Luis Diagostino; Michael Traugutt; Toby Baron Ethan B. Wasserman, Esq. representing 17550 Collins Avenue, introduced his team here tonight, Dimitriy Romantsoff and Tim Lobanov from the Applicant ownership, Luis O. Revuelta and Carolina Kaufmann from Revuelta Architecture, Tyler Nielson, Landscape Architect, and Richard Garcia, Traffic Consultant. He thanked the (Commission for allowing them to come back and re-present their project. At their last Nearing there was a lengthy presentation and testimony and they do not intend to repeat any unnecessary presentations, as the previous hearing is part of tonight's record. At their last hearing in May they heard the concerns and the praises of this Commission as well as the general community. The general consensus is that the City wants to pump the brakes on automatic granting of TDRs on the west side of Collins Avenue. They heard that loud and clear and they are happy to say they are here tonight not requesting any TDRs as part of this Application. The prior project floor area ratio contained about I 65,000 square feet, this project only contains 126,000 square feet, this represents a 23% decrease in project floor area. The Commission also expressed their concern over the density of the project, we reduced the density from 77 residential units to 61 residential units, and this represents a 20% decrease in the density of the project. Mr. Wasserman said their previous project contained a restaurant on the ground floor, after hearing from this Commission and certain neighbors they removed that restaurant, it is now a commercial office space. From a traffic standpoint this is a plus as a commercial office space generates less traffic than a high volume high turnover restaurant. He pointed out that his client did not create the traffic conditions on Collins Avenue, as high-rise after high-rise has been approved on Collins Avenue, it would be unfair for anyone to claim that this 61- unit residential building with commercial office space is where we dray'`the line. For the record, both their expert traffic studies as well as the City's expert's review of their traffic study conclusively determined that this project will not negatively affect traffic. Both reports are substantial competent evidence to rely on with respect to traffic. The loading is solely contained within their building. The cars & trucks will pull in from Collins Avenue, there is enough internal radius to turn back into the loading space and then pull straight back out onto Collins Avenue. They will have a Dock Master on site to monitor this and ensure compliance with this route. Mechanical lifts were mentioned at the last hearing, they are happy to say that they have eliminated all mechanical lifts in the project. As to height,there is a proposed Code Amendment which has not been adopted on second reading yet. Even though this Code Amendment is not complete, as with every other aspect of their project, his client intends to respond to the City's comments or concerns. Their original project was 190 feet and when they presented it to staff, it had a 20-foot mechanical height which is fairly typical for projects of this size. They brought it down 20 feet before presenting it two 4 Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach,Florida months ago. Tonight's Application is 187 feet with 17 feet of mechanical, and so they have reduced their project by 6-feet or 3% of their total building height. Mr. Wasserman said turning to the physical changes in their building, Plan Sheet 010 is an aerial view of how the footprint of their tower structure has changed. Although the King David Condo Association did not object to their original Application, they heard from several residents on the east side of the King David. They responded to those comments by completely eliminating the northwest corner of their building and this essentially opens up the view corridor for those residents in the King David. The previous project contained an average tower space of 41 feet and the revised project contains an average tower space of 58 feet. Although they thought their previous project was compatible in1 terms of density and intensity, they are confident that the revised project satisfies this Commission's concerns with the level of development proposed for this site. Tim Lobanov with the Verzasca Group, said that the City Commission and the residents had provided a significant amount of praise and criticism for their project atlthe first hearing. They appreciated the feedback and they feel their ability to respond totithe community is what sets them apart from other developers. They tried very hard to accommodate every single reasonable comment and request and they are proud of the work that they have done. Luis 0. Revuelta, Architect, provided a refresher on the design of the project and some of the changes made between the two hearings. Mr. Wasserman said in closing, the City Code allows 71 residential units!for this project as- of-right, and they are providing 61; the Code allows 130 square feet of FAR, they are under that amount; the Code allows a restaurant on the ground floor, they Ichanged that to commercial office space; the Code allows a 5-foot rear setback, they are substantially in access of that amount; and most importantly, they are not applying for TDRs. This is an as- of-right project without any special requests other than the mural graphics which is a standard tandem application for site plan approval. We satisfy your Code,'criteria in Section 265-18(G) for site plan approval and urge your approval of this Application. Your professional staff has reviewed their Application and determined that it fully complies with the Land Development Regulations as well as the Comprehensive Plan. This is substantial competent evidence for the City Commission to rely on to approve this Application. Mayor Scholl opened the public hearing and, after hearing all comments about this project, closed the public hearing. Commissioner Levin said she applauds the developer for taking into consideration all of the concerns that were addressed at the last meeting; for listening to staff bringing down the size of the building; for not asking for TDRs; for omitting the restaurant; and it is a beautiful building. It seems like your neighbors are for the building, being King David who are the most affected. There are 61 units that will add some traffic to the City. There is an entrance on the side, not on Collins Avenue, the entrance in the front is for the retail or for the office space. People will be entering and exiting on 175 Street. Right now she has no issues with the building. Vice Mayor Gatto said this is her District and she is very protective of it as she lives in Winston Towers. She knows that some of the examples they brought up and the other buildings being built with TDRs, Winston Towers for example, or the King David but that 5 Summary Minutes:Regular City Commission Meeting Jul}'16,2015 City of Sunny Isles Beach.Florida is not today. Today it is a very different City, and we all know what the;traffic is like. She feels that the project, even though she appreciates the down-scale of the magnitude and she thinks they did a phenomenal job in doing that because it shows they put a lot of thought into it. However, she still has the same concerns as that corner is a very difficult corner. At the corner is a stop sign, across the street is Walgreens, half a block awayi is a bus stop and a stop sign. And so if you are in that right lane trying to turn to Winston Towers or even trying to go on Collins Avenue, the backup is tremendous and she sees it almost every day, there is a lot of cause for concern. She is not comfortable with a condo on Collins Avenue. We are embarking on redoing our Comprehensive Plan and we are also doing two (2)traffic studies in the City. One of the two traffic studies are to analyze certain busy corridors that will really give us the sense of what we are working with because we havenever really done anything like this since the City was "developed". She proposed that we need to get the results of that traffic study so that we can analyze what we are doing comprehensively and make some adjustments before moving forward with this building. Commissioner Aelion said while he sympathizes with Vice Mayor Gatto, we have to be realistic. When you look at the building and you visualize the impact that it is going to be on the major traffic freeway, you are taken aback. While we don't havelthe results of the Comprehensive Study, we also have to use common sense. We have a much more bottleneck effect on traffic. We have four (4) plazas along Collins Avenue where you will see a lot of vehicular traffic. Because of the existence of these plains, ,Sunny Isles Beach unlike our southern and northern municipalities, have this issue. To that:end, what we have before us is a site plan approval, and he thanks the developer for cominghowards the City's concerns, the impact of which traffic-wise, is less than the impact of Denny's use of the property prior. In other words, if one sits back and looks at the 24-hour]ti affic of Denny's as a retail service,the traffic which was impacting as a result of Denny's is higher than what is being proposed here. The second thing is that we have to be realistic as to Vice Mayor Gatto's concerns along Collins Avenue, and it is a concern, we have to'take each site plan that comes before us and see the potential impact that it will do, especially as compared to what is the present use. For example, McDonald's is a 24-hour highly busy situation with cars coming in and out constantly. He thinks that a 15-17 story high-rise where residents come in and out once or twice a day is less of an impact than a highly visited place. The uncomfortable scenario, is the view, and the impact on the view on the west side, it is a fact of life. We have to value the property rights of the developers, with common sense. Commissioner Aelion asked Ms. Hasbun for clarification on the egress and ingress from Collins Avenue, the allowed vehicular traffic, does that satisfy a standing!truck for loading and unloading, while another truck will go in and out? We had a huge problem of standing, loading and unloading trucks on Collins Avenue which impacted the traffic negatively. As a result of changes and new Code,the flow is much better today because akuck goes in and stays in, they don't park curbside on Collins Avenue, and he just wants to make sure that this project satisfies that. Ms. Hasbun said on the site plan sheet A011:which is the study for the garbage truck which will be the most common truck, the driveway is 24-feet and that is the requirement of the Code, and so that is satisfied. City Attorney Ottinot noted that Commissioner Aelion wanted to clarify on record that the restaurant and retail use prohibition will be permanent unless the City Commission approves it. Commissioner Aelion said that is correct,and what he wanted to be sure on, he said what he said about the lesser impact traffic of this project as presented tonight compared to the 6 Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach,Florida traffic that we have with Denny's, one to one to what is presented tonight, his statement stands. Had it been the scenario of two months ago, no, it would not have stood mainly because of the restaurant. He just wanted to make sure if we approve this that they won't come back six (6) months later to change the use of the office space to a restaurant. He was just concerned maybe not about the immediate future but a later future, and so the City Attorney is just making sure that there is a stipulation that there is nolend of perpetuity with the site plan approval that there is no future use for a retail restaurant there. Mr. Wasserman said they are okay with that site plan approval. Commissioner Goldman said we inherited a certain Zoning Code, and we can also create. Basically, we are stuck with what we have in terms of this Application.' She believes that the developer has really gone the extra mile and has done everything that is humanly possible to satisfy the Code Requirements. She also commended her fellow Commissioners and Mayor for what appears to be a paradigm shift in terms of how this Commission is really approaching west-side development and looking at it and saying we arelnot going to just rubber stamp every project. We are looking to mitigate as much as possible traffic impact, we are looking to mitigate height issues with our new Ordinance, we are looking for ways to reduce as much as possible those issues that we are confronting as a growing and thriving municipality. Hopefully this paradigm shift will remain and will continue to address the concerns that the residents here have over development and the quality of life. That being said, she is pleased to see that the developer has met with all of the issue and addressed all of those concerns, and put that good foot forward. Frankly, to thel extent that this Commission does not approve this project, to her it is a risk management factor. Looking at this in terms of what is the best benefit to the City, she supports this project. Mayor Scholl said we hammered this developer for a lack of a better to I. but the fact is that Luis Diagostino of the Pinnacle had talked about setting a preceder t', the argument is we have set a precedent which is we took away TDRs for west-side development. It is the first time we have approved a development without TDRs. Setting a precedent in the terms of what you are talking about means we are going to do something extraordinary outside of our Code with some extra approvals that will then carry forward. The irony of this one is as Commissioner Goldman had stated, this is the Code that we inherited)and the fact is we don't really have the position to turn down as-of-right projects necessarily. Traditionally, projects come in fully loaded meaning that they come in with their I 4s-of-right based development plan, with as many TDRs as they can purchase, and then they ask for several variances. The fact is that the Pinnacle, the King David, most of the projects in that area, that is how they were developed, under that scenario. It is tough for the developer because in looking at the historic pattern in the City of how we have approved'things, and they designed their project accordingly and they spend hundreds of thousands of dollars in architectural costs, etc., and they come in and then we hand their head to them. To their credit, they took it with a grain of salt, they listened to the Commission and the community and they went back and redesigned the project. Talk about mitigating traffic, that is one traffic mitigation technique which is by lowering the density. As Vice!Mayor Gatto was talking about, we are doing some larger traffic studies now, and she would like to see the results of those studies and probably put a moratorium on development until we get those, but he thinks that is impractical however he understands her point. He thinks Commissioner Aelion brought up a very good point. The retail traffic and the number of turns into Denny's on any given day is substantially going to be worse than this condominium, especially now that they have done away with the restaurant. They are going to have some office space 7 Summary Minutes:Regular City Commission Meeting July 16.2015 City of Sunnvdsles Beach.Florida there and people are going to come into the office in the morning, and,probably walk to lunch. The fact is that Commissioner Aelion brought up a very good point that retail brings a lot more intensity in terms of the number of turns, and so he is not as concerned about this corner as Vice Mayor Gatto is for that reason, and he is glad that Commissioner Aelion pointed that out. Mayor Scholl said the one thing we did here as a new Commission is that we sent a message to the development community that we understand east-side development,:and he has talked about it many times. East-side of Collins Avenue development is very unique in that we get these multi-buildings worth $500-$600 Million and very few people live in them. He thinks the Pinnacle is an older building, and most people do live there as well as Sands Point, but for most of the new development you probably only have on average a 20% occupancy rate, and so we get the benefit of this huge tax base. He knows that appears like it generates a lot of traffic but the truth is that all our studies indicate it doesn't. Most of the traffic comes from out of the City, and the last study he saw was that 72% of the traffic on Collins Avenue is not generated by the City, and so we are only generating about 28% of the traffic on Collins Avenue. Again, common sense would tell you that',you build up these buildings and it doesn't generate a lot of traffic but it doesn't always hold true. He thinks with this Commission and this Mayor we are looking for quantitative analysis. Right now we have three (3) studies going on, Beach Erosion, Traffic, and Comp Plan. We are also talking about a study for our Cultural Events because we want to look at them as a Cultural Master Plan. We are trying to get a little bit more scientific these days and maybe less emotional about some of these decisions that we have to make. Mayor Scholl said that the developer's attorney had said that their response sets them apart from other developers and he has to agree with that because we really handed these guys a very tough bill of goods and they came back and responded on every;isue. When they dropped the restaurant, then he basically ran with it because clearly eye were concerned about the restaurant as they would have to have valet parking, the cars could back up on Collins Avenue, and that is off the table now. Very few people have come in here and made such vast changes relative to the concerns of the public and this Commission. Planning and Zoning Administrator Hasbun said for the record, one of the conditions is that we are requesting a new staging plan prior to any construction. We did not have that in the Code before and so we have an Ordinance tonight for first reading requiring a staging plan for demolition and construction of the development project as part of the Site Plan Application Process. They will be required to submit a staging plan that will involve lane closures, parking issues, etc. We have it as a condition here because it is not in the Code. Mayor Scholl explained that a staging plan is when you are going to construct a building on say a small lot, you have less room to move around than you would on:a larger lot. For instance, the Chateau next to Samson Oceanfront Park, we leased then a part of the Park because they needed to use it as part of their staging area when they were'building because they have a narrow lot. What Ms. Hasbun is saying is that now we are making staging plans as a condition of our Site Plan approval. Ms. Hasbun said that would include the Medjool Palm Trees in the front and so they would have to be relocated, and one of the conditions for them is to also bring the Medjool Palm Trees back to the front. Commissioner Levin said one of the reasons she is for the project, other than the fact that the developer has done everything that we have asked, is because we'are stuck with the 8 Summary Minutes:Regular City Commission Meeting, July 16,2015 City of Sunny Isles Beach,Florida Code, with what we have been given subject to some substantial change or modification. We are now doing a comprehensive study of the Comprehensive Plan right now. She would not like to see the City get involved in litigation because we pushed the dveloper, they did everything we asked them to do and then some, and then we said no we are not going to let you build the project. One other thing that she had asked at the staff meeting was is there going to be a separate Declaration of Restrictions recorded that will indicate that the ground floor will only be used for business purposes? Mayor Scholl and City Atiomey Ottinot both replied yes. City Attorney Ottinot said for the record, one condition was the proffer made by the developer where he said that restaurant use has been prohibited in perpetuity; second, that the developer will provide a staging plan; and third, the three (3) Medjool Palm Trees located in the front that the City installed, the developer has agreed to relocate those Palm Trees and put them back when the project is done. Mayor Scholl saidladded or replace them, and he asked if the developer is in agreement with these conditions, and Mr. Wasserman said yes, they are in agreement with these conditions. Commissioner Aelion moved and Commissioner Levin seconded a motion for approval, subject to staff conditions, as amended. Resolution No. 15-Z-154 was adopted by a roll call vote of 4-1 ]Vice Mayor Gatto against] in favor. Vote: Commissioner Aelion yes Commissioner Goldman yes Commissioner Levin yes Vice Mayor Gatto no Mayor Scholl yes [City Clerk's Note: The Commission took a brief recess after hearing Item 6A.] 6B. Request of Publix Super Markets, Inc. for the Site Plan Modification an Approved Site Plan (R14-Z-141) Located at 18330 Collins Avenue for the Following: (Hearing #PZ2015-12) Summary: The Applicant is seeking approval of a site plan modification of an approved site plan. The Applicant is requesting the following: (1) a new traffic circulation pattern for ingress and egress of trucks on Collins Avenue; (2) an ingress for vehicles on Collins Avenue with an elimination of vehicles egress on Collins Avenue; (3) a solid roof covering; and (4) a modification to the requirement to underground utilities from 1831 Street to Collins Avenue. Requests: 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan modification for an:approved site plan pursuant to Resolution No. 14-Z-141 adopted on July 17, 2014. Protests 0 Waivers 0 Ex Parte 5 9 Summary Minutes:Regular City Commission Meeting July I6,2015 City of Sunny Isles Beach,Florida Action: [City Clerk's Note: An approved site plan sheet was distributed prior to the meeting. See additional action under Item 4A.] Mayor Scholl gave opening remarks on zoning procedures/decorum. City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to witnesses. City Attorney Ottinot asked if there were any Ex Parte Disclosures and each member of the Commission said they .head met with the Attorney, developer and/or Architect to discuss the Application. City Planner Claudia Hasbun reported the Applicant is seeking approval of a site plan modification of an approved site plan. The Applicant is requesting: (1) a new traffic circulation pattern for ingress and egress of trucks on Collins Avenue; (2) an ingress for customer vehicles on Collins Avenue with an elimination of vehicles egress on Collins Avenue; (3) a solid roof covering instead of the trellis system with landscaping; and (4) a modification to the requirement to underground utilities from 183`d Street to Collins Avenue to exclude the gas station property. The Site Plan modification has been reviewed by staff and consultants, and the consultants had provided comments that the Applicant has agreed to address at Building Permitting. Based on review of the application, they find that the application is consistent with the City's Comprehensive Plan and Land Development Regulations subject to all the conditions stipulated in the report. The conditions stipulated in the previous Resolution remain active such as the 50-foot right-of-way easement. Public Speakers: Clifford A. Schulman, Esq.; Bill Fisher, Architect; Durl n Doreiro Clifford A. Schulman, Esq. representing Publix Super Markets, said we are not going to change the building itself, no variances, nothing really having to do with:the structure of the Publix itself except for the roof. One of the conditions of our prior approval was subsequent to the approval we had to get approval of all the other agencies that would be involved, FDOT, Miami-Dade County Department of Public Works, etc. They took their approved plan to those departments and unfortunately they rejected the plan. They'felt the ingress and egress was dangerous, and they asked them to reconsider it. They did so and resubmitted the plan to the City, and the City felt that it was dangerous, they did not want our first submittal. So what they did was to change it again and came back with la plan. This time they went to FDOT and the County Public Works Department first before they submitted their last site plan to the City. The site plan before you today has been approved by those departments. After the City Commission's approval tonight, they will move on to the Building Permit. Mr. Schulman introduced his team here tonight, the developers of the Publix Duran Doreiro and Steve Branden, the Architect Bill Fisher who will explain the changes that were made, and their Traffic Engineer Juan Espinosa from David Plummer & Associates. For the purposes of the record, they will incorporate in the record, everything in this file PZ2015- 12, and the traffic reports of David Plummer& Associates, and The Corradino Group. Also the record that was made before the Commission for the approval of 1:111Z-141 which was approved on July 17, 2014 for the original site plan as well as the resumes and the expert resumes that they submitted at that time. Mr. Schulman said one of the most important things that they tried to focus in on and the City, particularly City Manager Russo, was the impacts on 183`d Street which is one of the big sensitivities of this City. They heard you, right now all of the truck traffic servicing the Publix site, uses 183`d Street. It goes to the back, to the intersection of14ttlantic and 183`d, and then to the back of the store. One of the major changes is that they have eliminated any to Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach,Florida and all truck traffic on 183`' Street. In the first plan we submitted to City staff we had all of our customers entering the site from 183`'Street,staff didn't like that. And so we reinstituted the existing traffic pattern, meaning the customers coming from the north will enter from Collins Avenue, and customers coming from the south will be able to enter at 183`' Street • but significantly farther away from the intersection of 183rd and Atlantic Boulevard. In the original approval, the roof of our parking garage was to be trellised with vines and plants but unfortunately they go bad, and so Publix decided to spend the extraibluck and make it'a solid roof to the parking garage so that anyone else in the neighborhood looking down would not see growth but a solid roof. Lastly, your condition in the original approval was for them to underground utilities from their west boundary line all the way toy Collins Avenue. Between that, there was an intervening piece of property that we could not really accommodate. As a result, we asked the City could we bring it to our eastern boundary line and then give the City the money to make that connection to Collins Avenue as part of its undergrounding program. And so one of the conditions in your approval tonight is that we will bond $200,000 toward the money for the cost of that undergrounding to take it from their property to Collins Avenue. In the event that is not enough they agreed to pay the difference. In the event if the City does a better job than we could do and you actually bring it in for less, you will refund us. Again, no variances and no changes to the building. it Mr. Schulman said one good thing that came as a result of them not going to FDOT and Public Works first, since they are not changing the building super structure itself they have continued to basically do the building permit plans for the building itself. Whereas most developers would have stepped back and said if we change the building, because it takes months and hundreds of thousands of dollars to do building permit plans.) We continued to do those building permit plans and so once the Commission approves the Ingress and egress, the building is virtually ready to go into the Building Permit process. We are looking forward to filing for our Building Permit in August because we know that one of the desires of the City is to get a brand new state of the art Florida Riviera Publix as soon as possible. One of the other changes to this plan is that we have no objections from!our neighbor. Architect Bill Fisher presented renderings of the changes in the site plait., The changes are strictly functional and as coordination with the County and FDOT. Car coming off from Collins Avenue will come in at a right end only on a one-way drive and they can access the garage through an internal drive staying off from 183`' Street. If you are:heading north, you can also get to that one-way drive from 183rd Street because what is happening now, as everyone knows, the school backs up during pickup hours. We also have a small drop-off area ample for four(4)cars at the front door but the intent is that they would go to the parking garage entry. Trucks entering the site would be coming from the north, there is no access from the south, and so they would come in on Collins Avenue, circle in and back in and they would be recessed into the building by 53 feet, and then when they pull out, they would pull straight out onto Collins Avenue heading south. In the previous site plan they were coming in on 183"1, entering into the loop, right now they are totally off from It Street, and that includes the local delivery trucks and also the semi-trucks. The staging isjin the area adjacent to where our loading dock is now adjacent to the seawall during the construction. Again, the building stays the same as it is. No changes to the exterior or aesthetics of the building, the elevations, no proposed changes. Another functional item, Publix t' uld rather not do the trellis and the greenery, and that is from their experience, it just doesn•t work. What they have proposed is a multi-colored roof, single ply roof to give it some variance. All the Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach,Florida mechanical equipment, if it is on the roof, will be enclosed either within a penthouse or within screening so if you look down from the top you won't see any individual roof top condensing equipment, etc. There is a substantial cost difference but it is really a functional item there too. Mr. Schulman said we have about 30 to 40 trucks a day that visit the existing Publix, not all of them are the big semi's, sometimes there is the bread trucks, the eggjtrucks, the smaller ones, all of those no longer on l83rd Street. The entrance for the consumers which are coming into the Publix from I 831 Street is separated by about 600 feet from the intersection at Atlantic Boulevard and 183rd Street, and so that is again separated, different from what it is now because nowadays you can come up in the back. We think it is ai better plan and are very anxious to move forward quickly to give you the Publix that you deserve. Mayor Scholl opened the public hearing, being there were no speakers, closed the public hearing. Commissioner Goldman said she has long been an advocate of improving the quality Of retail services in our City and obviously this is a watershed event to have a really high quality Publix in our City and so we applaud that. That being the case, while she recognizes their difficulties and their constraints dealing with the County and FDOT, her big concern about this is the congestion and the traffic that this is going to flow to 183rd Stret. There is a huge amount of traffic getting in and out of the school, and the current surface parking lot is used basically as a staging area with a lot of cars going in and out at certain times of the day. Obviously the elephant in the room is that parcel, the second phase of this which is going to add on hundreds of units potentially, and so you are dealing with not only a high-rise condominium project, you are dealing with no staging area of a surface!lot on 183rd Street. You are dealing with a very over crowded school, and now you are dealing with cars through this Publix that is not going to be able to exit off from Collins Avenue, and so she is concerned about the bottleneck. In a perfect world she would like to sere what option we would have to extend that right-of-way on 183rd Street, what it would take to alleviate that. Whether or not there is any feasibility of widening that road or doing something because she thinks this is the recipe for big problems on 183rd Street especially at 'certain peak travel time. Who is going to give up a little space to build a little road? Mr. Schulman said it is not a little road, right now we have a 10-foot landscape buffer easement that we have granted to the City as part of our original approval. And so we have sidewalk,we have curb and gutter, and we have landscaping. Commissioner Goldman asked if we need sidewalk when we are going to have a huge amount of cars? Mr. Schulman said your Comprehensive Plan says you are supposed to be pedestrian friendly and Publix is not willing at this time, nor were we willing in the original approval, to basically bring the traffic right to our front door without some buffering. That is not a state-of-the1art Publix, that is the old Publix where you have traffic going right by. If in the future, and keep in mind that there is another part of this street which is the south side, which could bye widen with some cooperation by that owner. If as in when there is a real plan to make it happen, then we would ask the City to come back to us and we would possibly figure something out. But at the moment, we are not causing that problem. The traffic report which your traffic engineer indicated was fine. In the morning peak end our traffic would increase 24 cars, and in the p.m. peak end 77 cars, which is 5:00 to 7:00 p.m., and your school closes at 3:30 p.m., 12 Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach,Florida two hours before our p.m. peak end. We are not the cause of the problem; and what happens on that other parcel, is not our particular problem tonight. Our problem is to deliver to you the best Publix that this City deserves, and we have taken all the accommodations that we can to make that happen and remove substantial traffic from 183rd Street that you presently have. If you don't approve a new Publix; those trucks are going to be on Street every day. And so we would ask you to balance the equities here and say getting a new Publix and 24 more cars in the morning, and 77 cars from 5:00 to 7:00 p.m.'after the school is closed, does not overburden that street. Somebody else might in the future but you will have the ability to deal with that in the future. Commissioner Goldman said you can't just look at the Publix site in a vacuum and say well we are only adding another 24 cars. You have to look at the situation where the cars are not going to be able to exit off from Collins Avenue, pedestrians, cars, and she thinks that 183rd Street is really a problem and it is going to continue to be exacerbated. Bill Fisher said that is what this whole one-way drive is to do, to take up traffic from Collins Avenue without going on 183rd Street, and that was the whole drill with the County and FDOT. It is to alleviate as much traffic as possible on 183rd Street. We took it upon ourselves to basically put a private drive in to do what wouldn't fit on the County because of the school congestion. Commissioner Goldman said but you are still adding those cars that will exit on 183rd Street, and Mr. Fisher said that is correct. Commissioner Goldman said and sol}ou say the trucks aren't going to go there but the cars are going to go there, the cars from the other side are going to go there, and there is going to be a lot of traffic congestion on 183rd Street. l Mr. Schulman said you are presuming the future which legally you cannot do that on this Application but with the future what we also asked you to look at was while our cars will be exiting for the moment here, 77 additional cars from 5:00 to 7:00 p.m. when the school is closed. You asked us, and we granted you a 50-foot road right-of-wayi that will lead to a road to the north in the future. So people coming out of this garage will then have a choice, to go north and stay off of Collins Avenue. Commissioner Goldman said but that road going north doesn't go, there is a property owner there. Mr. Schulman said that is right but that property owner has indicated his willingness, and he will be coming before the Commission for a site plan approval, to take this right-of-way north to 183rd Streetlso that the people coming out of the garage in the future, if, as, and when this or anything else is developed will have a choice, they can go south or go north, that will be the future. So if you are looking toward the future, this guy is going to give you another 501foot right-of-way. Commissioner Goldman asked the City Manager and City Attorney if we have gotten anything from the school on the traffic congestion? City Manager Russo said no, not formally. City Attorney Ottinot said our Code doesn't require us to speiak to the school in respect to traffic. We have not communicated with the school but internally he, the City Manager, and Ms. Hasbun met with Publix and their consultant and vie tried to mitigate those issues you raised and this was the best they could present us because they have a previous plan that the City Manager indicated and they revised it. Commissioner Aelion said if the traffic stays the way it is today, it doesn't change the effect of the site plan before us. He agrees with Mr. Schulman and FDOT that the entrance and the exit of the trucks from Collins Avenue is more practical, not only alleviating the 183rd Street corridor but also much less of any impediment because the 40-footers are not easy to maneuver. He asked Ms. Hasbun how many feet the landscaping easement is, and she said 13 Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isla Beach,Florida ten (10) feet on Collins Avenue. Commissioner Aelion said then ten (10) feet of landscape, ro and so we have the sidewalk, we have the road, then we have the side ad which is about five or six feet. Ms. Hasbun showed on the rendering where the sidewalk is, and the ten- foot easement, but the landscaping buffer will not be ten feet, it would be fifteen(15) feet in total. Commissioner Aelion said which means there is ten-feet actual green, and Ms. Hasbun said that is what she wants to clarify, the green element that is the easement per se but they will have to accommodate other aspects of their design. Commissioner Aelion said he understands that like the hedging, etc., landscaping is something very attractive. Today we basically have almost no land, we have a little bush there, and so could we eat, for the lack of a better term, part of that proposed landscape to make it much thinner and to gain, and he understands the Mayor's point, that the necking at the corner which is the gas station, it is not going to be viable, but at least most of the Publix linear footage, could that be a basis for expansion of four to five feet on the width of the road? City Manager Russo said there is one thing that you have to keep in mind that has not been mentioned here yet, and that is our City designated off Collins Avenue a bike lane, and that is an extra wide sidewalk that was done for that purpose. Commissioner Aelion said the bike lane is temporary because in the future if they open the road as waslmentioned here by Mr. Shulman, then the bike lane would be on the back street north to south which is the North Bay Road extension, and so that will be eliminated, the 183`d Street bike lane. The point that Commissioner Goldman brought up ideally if we would havelinstead of a two- lane street, a three-lane street, it would go a long way to alleviate the',future because we know the coming impacts that Commissioner Goldman had pointed out. His point being we present to the landlord on the south the effort that we did to get a few footage, four or five feet, and on the north side landlord would give us also another four or five feet to allow the extra lane in which case it would go a long way to help. Ms. Hasbun said we will have to consider also that we have requested in the past to install Medjool Palm Trees along 183`d Street, and probably we won't have to phase with the lane changes and to bring that up for the Commission's consideration, and probably another Medjool Palm will have to be placed in there. Also in this proposal for Phase I, they were fighting for every square inch of landscaping, and so if we move anything it will have to be granted also. Commissioner Aelion said an Architectural Landscaper are creative and they can make an appearance extremely beautiful with a five to six jten-foot hedge like the two-foot hedge. City Attorney Ottinot said for clarification, is the ten-foot landscape buffer part of meeting the landscape requirement in the Code? Ms. Hasbun said they are couhting that space for the landscaping, and so it is a requirement. City Attorney Ottinot said then if they don't have that space will they need a variance? Ms. Hasbun said yes probably because they are right at the edge. City Attorney Ottinot said from a legal/zoning perspective a variance is never good. Commissioner Aelion said the architect and the developer gave a very beautiful rendering of the new roof, he likes it a like, he just doesn't want the situation that this is something visual that we see on a picture and then in reality it will almost look like a blank roof with one color. Architect Bill Fisher said it was designed with three(3) different colors which will be maintained. The way it is depicted on the rendering is the same that it will be. i Vice Mayor Gatto asked if there is a mechanism to prevent parents from picking up their 14 l Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunni.Isles Beach.Florida kids at school on the premises of Publix? She understands that is a big!problem with a lot of people who shop there and can't get a parking space at certain times of the day. Mr. Schulman said that Publix does not control that parking by tickets or anything, or do they do that in any of their stores. If people choose to park their car on the fourths floor and take an elevator down and take their kids to school, that is probably not the most efficient way to do it but then again they are probably customers also and so if they are bringing their kids to school then they will probably go shopping which is good for them. IIn answer to Vice Mayor Gatto's question is that they really don't control that kind of parking, it is not good for business, and so they would like their customers to have that convenience if they choose to do it. Vice Mayor Gatto said in both options, there is no good option, it is really important that trucks stay off from 183`d Street, and so she loves her Publix and she is going to really miss it and she wants it built. Commissioner Levin said in connection with Commissioner Aelionis comment about widening the road, how many feet would we need in order to have three (3) lanes there, would we gain enough to actually make it? Ms. Hasbun said at this moment the right-of- way includes the sidewalk is just 50 feet, for an additional lane which re would like to provide 11 to 12 feet wide, you would need more than the ten feet just from this property, and so you would eventually need a minimum of 12 feet. Mr. Schulman said then you would need the property to the south and to the east in order to make it work, and so we are only one little piece of this puzzle, and if, as and when the City has the pu77le solved and comes to them, they have agreed to sit down in good faith and try to work something out. But until you have something on the south, and something taking Collins Avenue on the east it is sort of like putting the cart before the horse. Commissioner Levin said right now we think we have four (4) access pieces at the Publix, and all four can be used for both ingress and egress, and so now we would be eliminating one, you would have three. Cars would be entering on two perhaps three and exiting on one, and that is also her concern is having that bottleneck at that one point. She understands that you have done everything possible and there is no other way around this there is no way to create an exit on Collins Avenue, and Mr. Schulman said that is correct. Commissioner Levin asked if there is a separate exit for the trucks? Mr. Schulman said ye?,the trucks come in on Collins Avenue and leaves on Collins Avenue, they do a loop to loop. Commissioner Levin asked if they exit in the same area where the cars are entering, and Mr. Schulman said no, it is separate, and he showed it on the rendering. Bill Fisher said when they went to FDOT there is a separate exit for the trucks and what we are going to do there is similar to a parking garage with a stop bar to keep people from driving in. Commissioner Levin said even though the plan is for people who come on 183rd Street to enter the property at the eastern most point, there is still nothing preventing them from entering where Atlantic Boulevard is,correct? Bill Fisher said that is the entrance that aligns with the intersection, there are two entrances on 183`d Street. Commissioner Levin said her concern is and she doesn't know if there is anything that can be done about it, it leads back to what Vice Mayor Gatto just said is, notwithstanding that you have a place there for cars to load and unload, they have this nice wide roadway right in front, and people are going to stop, they are going to let people in if it is raining. Bill Fisher said the kidth of the drive 15 Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach,Florida just in case someone does stop in front of Publix, you can drive around them; that goes toward the width and that was part of the discussion with the City and the County and so we have a designated drop off area that is even wider but the width is that drive . Commissioner Levin said that you had mentioned that Aventura is also getting a new Publix at the out lot at the Aventura Mall, and you said you would apply for the jBuilding Permit in August but she knows it is good for an extended period of time. Is it your intention to build ours first or Aventura? Mr. Schulman said the plan is to start ours first, since we would have the Building Permit in hand, and they haven't even applied for anything as of yet, they are substantially behind us. Commissioner Levin said the other day in the Meeting you said it was going to take longer to build this Publix, last time when you came for the original site plan approval, once the building was demolished it would take about nine (9) months to build the new one. What is the actual time between the demolition and the opening? Duran Doreiro of Publix said from start to demolition, the demolition usually takes between 30 to 45 days. and so we believe from start to finish it will be between 12 to 14I 'months. Mayor Scholl said if you wanted to widen out that road we should hay I talked about it a long time ago. He knows it brings a heighten sensitivity because we arelgoing to approve the site plan but quite frankly, it requires a lot of cooperation from a lot of property owners. In his mind, the applicant created a third lane on their own property to basically deal with the ingress issue. Yeah it doesn't go two ways but one thing we all know about traffic is when we start to experience traffic people find the path of least resistance] He believes that people going into Publix coming from Collins Avenue will stay offi from 183`d Street knowing that it will probably be problematic and so they will use that entrance on the north side of the gas station and stay on the private road and go around and park. And the fact that they are getting the trucks off from 183`d Street, at least from a safety factor, is a big deal. He didn't like the first plan for the sake of the trucks but if you remember at that first hearing, the fact that the condo was there overshadowed a lot of these discussions because he and Duran Doreiro had words up until 6:15 p.m. that day until he finally charmed and agreed to pull the condo. They had the condo in there which was a big building andithey tunneled the north/south road and it was a mess but they agreed to pull the condo and he:thinks everybody was so relieved that the condo got pulled that they didn't really focus on a lot of these issues. Mayor Scholl said from his perspective,having a dedicated egress for the'trucks onto Collins Avenue, getting the trucks off from the back of the site by the school, and the fact that the traffic flow ultimately, it is neighborhood traffic flow to Publix and so people are going to learn it very quickly. It is not like they are going to get confused and always drive down 183rd Street and make a right turn, he doesn't believe that. We already have some additional intensity for the egress for coming out of there but as we talked about eventually the street to the north will probably open up and that is going to relieve some of itl and so all things considered as-of-right approval, he is pretty comfortable with the plan. Again, he applauds the wanting to deal at 183`d Street but he feels that would have been goodlnews a while ago • before the developer, and that is on us, not on them. We have got to get a as station, Raanan Katz is not ready to deal, and now we also have to get this side in the back which is now owned by the Dezers, and so there is a lot of coordination that would have to go on to make that happen. Mayor Scholl said as to Commissioner Aelion's point, he doesn't believe you just widen a 16 Summary Minutes:Regular City Commission Meeting July 16,2013 City of Sunny Isles Beach,Florida little chunk of it if there is no gas station, that will probably just create more confusion with a bottleneck than actually makes it happen. Remember, we have always had the issue with the CVS and the bollards. Folks coming out of CVS and making a left or lright turn, I think we solved that with the bollards. All things considered from his perspective, the property owner did a lot to create a private road for the lack of a better term to basically get folks off from 183`d Street,and then removed all the loading and unloading traffic with some 40 trucks per day which to him is a pretty big deal. The point that they staged to pick up the kids at 'put,again that is what it is but the fact is as Mr. Schulman pointed ut, I think if they park on the roof of the Publix they are going to probably pick up a gallon of milk because they dropped their kid off. Commissioner Goldman said can we get the developer to commit to an additional easement area, and Mr. Schulman said we will commit to discuss that with you inlgood faith at some future date when you have the rest of the puzzle pieces together. Commissioner Levin said a lot of people walk to Publix, so people that are coming from the north to go to Publix they are going to come in where the cars come in) off from Collins Avenue, is there somewhere for them to walk that is not on that driveway? Mr. Schulman said he believes they will have to go to 183`d Street, and Bill Fisher said ih'order not to leave the pedestrians with the cars we have left a pedestrian access to brick 'paver drive on the rendering. Commissioner Levin said people will probably still walk on' at driveway, and Mr. Doreiro said we don't want them to walk there as FDOT or the County won't allow it, it is very dangerous. Commissioner Aelion said as it is laid out, there is no sidewalk there. i Commissioner Aelion moved and Commissioner Levin seconded a motion for approval, subject to staff conditions. Resolution No. 15-Z-155 was adopted by:h roll call vote of 5-0 in favor. Vote: Commissioner Aelion yes Commissioner Goldman yes Commissioner Levin yes Vice Mayor Gatto yes Mayor Scholl ves 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending Section 265-46 of the City Code Entitled "Off-Street Parking and Loading Standards" to Clarify that Off-Street Loading Spaces Shall be Required for All €ommercial and Office Buildings; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code; and Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot I ported that this Ordinance clarifies that off-street loading spaces shall be required for all commercial and office buildings without any exception. This amendatory Ordinance will require trucks to load on site instead of on the local street. Public Speakers: None 17 Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach,Florida Mayor Scholl asked if this is practical as he doesn't want a bunch of variances coming in because we do something that 20% of the people can't apply to. Planning and Zoning Administrator Claudia Hasbun said basically this only applies to offices that are larger than 5.000 square feet. It will not apply to smaller parcels or office spaces. Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the proposed Ordinance on first reading. The motion was approved by fiat roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, September 17, 2015, at 6:30 p.m. Vote: Commissioner Aelion ves Commissioner Goldman ves Commissioner Levin ves Vice Mayor Gatto ves Mayor Scholl ves 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending Chapter 265 "Zoning" Section 265-18 of the City Code to Require Submission of a 3-D Model of the Proposed Development Project and Staging Plan for Demolition and Construction of the Development Project as Requirements of 'the Site Plan Application Process; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code; and Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported that the 3-D Model was requested by Commissioner Levin, and the Staging Plan was requested by Vice Mayor Gatto. He noted that the Publix Zoning Hearing had no 3-D Model available as it was not required. Vice Mayor Gatto said this will require that the Staging Plan is provided up front and not after the fact. Public Speakers: None Commissioner Aelion asked in reference to the 3D Model, does it have Ito be physical or can it be digitized and visualized enough to give comfort for the same purpose? Ms. Hasbun said you receive a mockup to the applications, the 3D Model, the renderings, to the dimensional board, in the past when you have a 3D Model it basically can relate better to the reality of the project. City Attorney Ottinot said it is up to the Commission, we can have both, we can amend it. Mayor Scholl said from his perspective what is important is the massing of the surrounding buildings a lot less than a stand-alone modeljbecause a stand- alone model is like looking at a pretty picture. He feels it is not our job to opine in architecture, our job is to worry about how something effects the surrounding area. And so from his perspective the massing diagrams are the most important. Just like King David, he looked at the site plan relative to how far away it is from King David, and the fact that they pulled it, and they pulled it much further away from the King David when they eliminated that row of apartments. City Attorney Ottinot said what we can do with respect to the 3-D Model is to make the language permissive that the Applicant make that call if the Commission and the stage L would not be a mandatory requirement. Commissioner Levin said she would like to see if they give us a rendering of a building that they make it realistic and show the other buildings around it. Mayor Scholl said he agrees but when we are talking about a 3-0 Model they are 18 Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach,Florida not going to model the buildings around it. Commissioner Levin said she knows she was unhappy with the Model we had last time. Ms. Hasbun asked if the Commission would consider then instead of having just a detailed 3-D Model of the site, to have just a massing of a buffer area within the site, so the one just to show the site but within a certain buffer to show just the massing. Mayor Scholl said to maybe just do this, we get a nice model of the building but then they have to show some massing of the buildings that are within so many feet of it. That can be a block, but the bottom line is at least we see the proportionate to the other buildings, and that is what he always cares about. Commissioner Aelion said we are in a world today as to technology, and we have to allow technology to play a part, and a 3-D Model can be visualized digitally. City Attorney Ottinot said what we can do today is to withdraw the 3-D Model provision and leave in the staging plan. Mayor Scholl said then to just leave in the Staging Plan and we will figure the 3-D Model out. Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the proposed Ordinance on first reading, as amended by removing the 3-D Model. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, September 17, 2015, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Goldman yes Commissioner Levin yes Vice Mayor Gatto yes Mayor Scholl yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) Sitting in as the Local Planning Agency and the City Commission,.to Consider the Following Ordinance Amending the Land Development Regulations (LDRs): 9A. A Resolution of the Local Planning Agency of the City of Sunny Isllel Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Section 265-5 of the City Code to Clarify the Meaning of Height; Providing for an Effective Date. Action: [City Clerk's Note: Items 9A and 9A.1 were heard together.Jt City Clerk Hines read the title, and City Attorney Ottinot reported. Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the resolution. LPA Resolution No. 2015-90 was adopted by a vote of 510 in favor. 19 Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach,Florida 9A.1 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida.Amending Section 265-5 of the City Code Entitled "Definitions" to Clarify the Meaning of Height; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code; and Providing for an Effective Date. (First Reading 06/18/15) Action: City Clerk Hines read the title, and City Attorney Ottinot reported. • Public Speakers: None Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the Ordinance on second reading. Ordinance No. 2015-458 was adopted by a roll call vote of 5-0 in favor. • Vote: Commissioner Aelion ves Commissioner Goldman ves Commissioner Levin ves Vice Mayor Gatto yes Mayor Scholl ves 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isle's Beach, Florida, Establishing the City of Sunny Isles Beach Proposed Ad Valorem Tax Millage Levy Rate at 2.5000 Mills per $1,000.00 of Taxable Assessed Value Whichi is 10.45% More than the "Rolled Back" Rate of 2.2634 Mills, for Fiscal Year 2015/2016; Setting the Date, Time and Place for the First and Second Public Budget Hearings as Required by Law; Directing the City Clerk and City Manager to File this Resolution ! ith the Property Appraiser of Miami-Dade County Pursuant to the Requirements of Florida Statutes and the Rules and Regulations of the Department of Revenue of the State of Florida; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant Finance Director Tiffany Neely-Jean reported noting that the First Public Hearing will be September 15; 2015 and the Second Public Hearing will be September 24, 2015 beginning at 5:30 p.m. Public Speakers: None Mayor Scholl said that we had a substantial increase in our tax base!again, our taxable value, and so we are lowering the millage rate again, which is the 4th dear in the row that we have lowered it. We are now in the bottom 6 or 7 out of the 30+ municipalities in the County. We are trying to provide a little bit of a relief to our increasing property values. Commissioner Aelion moved and Commissioner Levin seconded a moth in to approve the resolution. Resolution No. 2015-2440 was adopted by a voice vote of 5-0 in favor. 20 Summary Minutes:Regular City Commission Meeting July 16,2015 city of Sunny Isles Beach,Florida 10B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Sign or Renew All Required Contracts,Agreements, and Purchase Orders that Affect the Health, Safety, or Welfare of the City, During the Summer Recess Period from the Last City Commission Meeting in July 2015 through the First Regular Commission Meeting in September 2015,1Subject to After- the-Fact Ratification at the September 17, 2015 City Commission Meeting, and Requiring Legal Review by the City Attorney for Said Contracts and Agreements;1 Providing for an Effective Date. Action: City Clerk Hines read the title and reported. Public Speakers: None Vice Mayor Gatto moved and Commissioner Goldman seconded a motion to approve the resolution. Resolution No. 2015-2441 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Negotiate and Enter into an Agreement with Ebsary Foundation Co. for Construction of the North Bay Road Pedestrian Emergency Bridge, in an Amount Not to Exceed $5,478,833.50, Provided Said Agreement is Approved as to Form and Legal Sufficiency by the City Attorney; Further Providing the City Manager and City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported noting that we received three (3) bids and Ebsary was the lowest of the three. Public Speakers: None Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the resolution. Resolution No. 2015-2442 was adopted by a voice vote of 5-0 in favor. IOD. A Resolution of the City Commission of the City of Sunny Isles Beach; Florida, Ranking the Submittals for Architectural Design Services for a New Facility liat 18080 Collins Avenue (RFQ No. 15-04-01) and Authorizing the City Manager to Begin Negotiations with the Ranked Proposers in Accordance with State Law; Authorizing the City Manager to Negotiate and Enter into an Agreement with a Proposer, Provided Said Agreement is Approved as to Form and Legal Sufficiency by the City Attorney; Authorizing the City Manager and the City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported noting that the City was fortunate to receive eight (8) proposals. They were reviewedland the three (3) proposers who were ranked were: 1) Perkins + Will; 2) AECOM Technical Services, Inc.; and 3) Wolfberg Alvarez & Partners, Inc. All are well qualified. Public Speakers: None Commissioner Aelion said he wanted to have a positive thank you and positive feeling for all the City that the Mayor negotiated a very good condition for this new facility which is 21 Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach,Florida up and coming and will be well used. In the future maybe an Art Center will open here. Commissioner Goldman moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2015-2443 was adopted by a voice vote of 5-0 in favor. l 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving the Request Submitted by La Playa Beach Associates, LLC("Varadero Sales Center") for a Temporary Sales Office Structure, and a Request to Waive the{L andscaping and Front Setback Requirements for the Construction Fence with Graphics at the Sales Center Site Located at 18801 Collins Avenue; Subject to Certain Conditions; Authorizing the City Manager To Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Planning and Zoning Administrator Claudia Hasbun reported that the Sales Center will be developed on the north end of the property. They have already started demolition. We have made some requests sucHas they will come for a Site Plan Application no later than September 4, 2015; and they will provide an erosion control sediment fence in the south area where there will be nol construction. She noted the photographs of the proposed art that the Applicant is submittiing. Public Speakers: None Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the resolution. Resolution No. 2015-2444 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach! Florida Ratifying an Agreement to Retain the Services of the Law Firm of Holland and Knight and Specifically Rodolfo Sorondo,Jr., Esq. and Christopher N. Bellows,1Esq.to Represent the City in Proceedings in the Third District Court of Appeal; Authorizing the City Attorney to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Ottinot reported that this is for the appeal the City issued in the eminent domain case involving the submerged land for the Emergency Pedestrian Bridge. Public Speakers: None Commissioner Levin moved and Commissioner Goldman seconded a motion to approve the resolution. Resolution No. 2015-2445 was adopted by a voice vote of 5-0 in favor. 1 10G. A Resolution of the City Commission of the City of Sunny Isles Beach! Florida Ratifying the Cancellation of an Agreement of Purchase and Sale Between the City of Sunny Isles Beach ("Seller") and Chabad Lubavitch Russian Center of South Florida, Inc. ("Buyer") for Property Located at 500 Sunny Isles Boulevard ("Buena Vista Park"); Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date Action: City Clerk Hines read the title and City Attorney Ottinot repolrtled. 22 Summary Minutes:Regular City Commission Meeting July 16.2015 City of Sunny Isles Beach,Florida Public Speakers: None Mayor Scholl said we had an agreement to sell the Rabbi the piece of land adjacent to his current parcel which is under the bridge by Bella Vista Park and now that agreement expired and so we are returning the Rabbi's deposit and cancelling that agreement. We continue to own the land along the Intracoastal and Bella Vista Park. Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2015-2446 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution of the City Commission of the City of Sunny Isle's Beach, Florida, Authorizing the Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984,and in Accordance with Section 932.7055, F.S.,to Expend Partial Forfeiture Funds from the Department of Justice (DOJ) to a Laptop Computer, Office Furniture, Media Cabinet with Accessories and Three (3) Traffic Lasers, in an Amount Not to Exceed $42,000.00; Providing for an Effective Date. Action: City Clerk Hines read the title and Police Captain Michael Grandinetti reported. Public Speakers: None Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2015-2447 was adopted by a voice vote of 5-0 in favor. 10I. A Resolution of the City Commission of the City of Sunny Isles, Beach, Florida, Authorizing the Chief of Police, in Accordance with Section 932.7055, F.S. to Expend S15,000.00 from the Law Enforcement Trust Fund (L.E.T.F.) Forfeiture Fund, for Various Charitable Contributions and for Legal Costs Associated with the Asset Forfeiture Process; Providing for an Effective Date. Action: City Clerk Hines read the title and Police Captain Michael Grandinetti reported. Public Speakers: None Commissioner Goldman moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2015-2448 was adopted by a voice vote of 5-0 in favor. 10J. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Expressing Support for the Creation of the South Florida Mayors', Beach Alliance; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Documentation was distributed prior to the meeting. See Item 4A for additional action.] City Clerk Hines read the title and Mayor Scholl reported noting that the Alliance includes the municipalities of Sunny Isles Beach, Miami Beach, Golden Beach, Surfside, Bal Harbour, and Key Biscayne. We got together and are trying to bring a heighten sense of awareness to our beach renourishment. He also received a 23 Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach,Florida memo today from County Commissioner Sally Heyman and he readiil into the record: "Thank you for your continued support and advocacy for Beach Renourishment funding. This year's County Budget has included Beach Renouirishment funding las a line item and was also stated in a public meeting. I will continue to monitor this itemi ! Please continue your advocacy for these funds. As you know, nothing is final until we vote." He said he has also heard from Mayor Carlos Gimenez who is also in support of this item, and supportive of getting the funding into their budget as well. He thinks it is working is the bottom line. Public Speakers: None Commissioner Aelion said that Mayor Scholl spearheaded this alliance and so kudos to the Mayor, and he thinks this is very important. His only concern is that with this alliance,and Sunny Isles Beach is about a 11/4 to 2 miles beach, Miami Beach is about 4 to 5 miles, and Surfside is in between. When the County decides to allocate) funds for beach renourishment, his concern is who gets what first? What is going to be the model for first improvement, would it be relative to beach size? Mayor Scholl said rst and foremost, if we get no money, it is a moot point. The point was to bring awareness ito the issue. The Coastal experts determine the priority. We are actually third on the list,right now in terms of hotspots, Miami Beach and then us. City Manager Russo said since this is matching money that the County outs in for the State, we would like to think that the State is looking at it in that way. Mayor Scholl said it is not supposed to be political. What will happen is the County votes for the funds, then they go to the State for matching funds, and they look for federal programs. It is based on the Coastal experts analysis, it is need-based, not politically based. The goal of this whole thing is to try to get a recurring revenue stream. The problem does not go away, and every time we have the problem we are out looking for money. The other issue is that if we are not careful because the majority of the coastal communities are donorlcommunities. So frankly, if you are the Commissioner for West Kendall or Sweetwater,land you are sitting at the County, you have the folks at the coastal saying, hey let them pay for it, they have a lot of money. The point is again, by doing what we are doing it is something that we are doing and it is working. This is more to help Mayor Gimenez and Commissioner Heyman because they are only one vote and their colleagues live in the west side of town, they don't think about it but the west side of town folks go to the beach and they are it is a public beach. The State actually owns the beach and there are programs where the State will get matching funds but the State won't just write a check. Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the resolution. Resolution No. 2015-2449 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 74 Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunnydsles Beach,Florida I ' 12. DISCUSSION ITEMS None 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Commissioner Levin moved and Commissioner Aelion seconded a motion to adjourn the meeting. and Mayor Scholl adjourned it at 8:58 p.m. Respectfully submitted by: Appro -d by th- City Commission on September 17, 2015 " 02fred. at".""--". • Jane A. Hines. MMC, City Clerk Georg; . Scholl, Mayor • • • 1 /g i Item Coversheet' Page 1 of 1 City of Sunny Isles Beach —ro. n 18070 Collins Avenue I. Sunny Isles Beach,Florida 33160 , ,io.o . (305)9d7-0606 City Hall e•.,, (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo,City Manager I FROM: Jane A. Hines,MMC,City Clerk DATE: 9/17/2015 Summary Minutes of the July 16,2015 City Commission RE: Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the July 16,2015 Regular City Commission Meeting. REASONS: N/A Item Number:3.A. http://sunnyisles.novusagenda.com/Agenda Web/CoverSheet.aspx?ItemID=1714 7/28/201