HomeMy WebLinkAbout2000-1115 Regular City Commission Meeting SUMMARY MINUTES
Thursday, November 15, 2000, 7:00 p.m.
CITY OF SUNNY ISLES BEACH,FLORIDA
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1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 7:06 p.m., with the following officials
present:
Mayor David Samson
Vice Mayor Connie Morrow
Commissioner Danny Iglesias
Commissioner Lila Kauffman (arrived at 7:10 p.m.)
Commissioner Irving Turetsky
City Manager Christopher J. Russo
City Attorney Lynn Dannheisser(arrived at 7:10 p.m.)
City Clerk Richard Brown-Morilla
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Action: Mayor Samson lead the Pledge of Allegiance to the flag. Richard Schulman gave an
invocation.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting: October 19, 2000.
Action: Vice Mayor Morrow moved and Commissioner Turetsky seconded a motion to
approve the Summary Minutes. The motion was approved by a voice vote of 4-0-1 in favor
(Kauffman).
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items.
City Manager Russo requested Add-On Items: Resolutions for 9F and 9G.
Action: Mayor Samson read from the handout of proposed add-ons. Vice Mayor Morrow
moved and Commissioner Iglesias seconded a motion to approve the request. The request
was approved by a voice vote of 4-0-1 in favor(Kauffman)
5. SPECIAL PRESENTATIONS
5A. Police Officer of the Month for November 2000— Officer Blake Royal.
Action: Police Chief Fred Maas introduced Officer Royal and his father. Chief Maas
then presented Officer Royal with a certificate and a check.
5B. Report from Mayor David Samson regarding Recreation Programs and Events.
Action: Mayor Samson read a report complimenting Ed Smith and City staff.
Summary Minutes Regular City Commission Meeting November 15,2000 City of Sunny Isles Beach,Florida
6. ZONING [ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS!
6A. Request of Blue Seas Associates, Owner of the Property Located at 17315 Collins Avenue
for the Following: (Hearing#Z99-12)
1. Non Use Variance of Lot Coverage requirements to permit proposed development with
a lot coverage of 65% (40%permitted).
2. Use Variance to permit the proposed apartment hotel development with a density of 162
units per acre (153 units per acre permitted including density bonuses).
3. Non Use Variance of Floor Area Ratio(F.A.R.)to permit a proposed development with
a total F.A.R and bonuses of 3.91 (maximum 2.5 F.A.R. and a possible F.A.R bonuses for a
total F.A.R. of 3.05 permitted)(30% amenities bonus pursuant to Section 33-222(4)(b)(i) is
calculated in the total bonus and floor area ratio).
'4. Non Use Variance of Floor Area Ratio (F.A.R.)requiring single floors above 20 MSL
not to exceed 0.20 F.A.R. to waive same; to permit single floors with a 0.23 floor area ratio.
5. Non Use Variance of Setback requirements to permit the proposed tower building to
setback 15 ft (28 ft required) from the interior side (north) property line and to permit a
proposed decorative waterfall to setback 28.75 ft (50 ft required) front (west) property line.
6. Non Use Variance of Setback requirements to permit the proposed roof deck of parking
garage to setback 7 ft(20 ft.required) from the interior side(north)property line and setback
3.8 ft (20 ft. required) from the interior side (south) property line.
7. Non Use Variance of Zoning Regulations as it applied to view corridor to permit a view
corridor width of 4.16 ft (25 ft required).
8. Non Use Variance of Zoning Regulations as it applies to maximum building obstruction
to permit proposed development to obstruct 89% (89 ft) of the width of the site above 20 ft
MSL(50%-50 ft obstruction permitted).
9. Non Use Variance of Parking Regulations to permit 137 parking spaces(188 required).
10. Non Use Variance of Landscaping Regulations requiring 75% (13,062 sq ft) of the
required open space to be landscaped;to waive same, to permit 58%(10,241 sq ft)landscape
area.
Protests 2 Waivers 0 Ex-Parte 0
Action: (Continued from 10/19/00)
[Clerk's Note: Distributed protest letters from Alejandro Arce and Julia Sotolongo] Mayor
Samson read a statement regarding procedure and decorum. City Clerk Brown-Morilla read
the applicant's name, hearing number, location and then administered the oath to the
witnesses for the Zoning hearings.City Attorney Dannheisser read a disclaimer for the Zoning
hearings. City Clerk Brown-Morilla asked if there were any ex-parte disclosures.
Public Speakers: Jeffrey Bercow, Esq.
Jeffrey Bercow,asked for a deferral and indicated that the applicant would pay the cost of re-
advertising the hearing.
Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to defer the
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application to a date uncertain. The motion was approved by a voice vote of 5-0 in
favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow yes
Mayor Samson yes
6B. Request of Beverly Tower Inc.,Owner of the Property Located at 16875, 16901 and 17001
Collins Avenue for the Following: (Hearing #Z2000-9)
1. Non Use Variance of Floor Area Ratio(F.A.R.)to permit a proposed development with a
total F.A.R of 4.25 (maximum 2.5 F.A.R. and a possible F.A.R bonuses for a total F.A.R. of
3.24 permitted)(30%amenities bonus pursuant to Section 33-222(4)(b)(i)is calculated in the
total bonus and floor area ratio).
2. Non Use Variance of Setback requirements to permit the proposed villas to setback 0 ft
(25 ft required)from the rear(east)property line and to permit a proposed decorative waterfall
to setback10 ft(50 ft required)and a gatehouse to setback 30 ft(50 ft required) from the front
(west) property line.
3. Non Use Variance of Setback requirements to permit the proposed parking garage to
setback 20 ft (25 ft. required) from the interior side (north and south) property line.
4. Non Use Variance of Zoning Regulations requiring no structures above 15 ft M.S.L. be
permitted in the view corridor; to waive same, to permit a parking garage structure.
5. Non Use Variance of Zoning Regulations as it applies to maximum building obstruction
to permit proposed development to obstruct 71% (500 ft) of the width of the site above 20ft
M.S.L. (50%-350 ft obstruction permitted).
6. Non Use Variance of Parking Regulations as applied to building separation to permit a
building separation of 100 ft(182 ft. required) and to permit a structure(spa) in the building
separation above 20 M.S.L.
Protests 0 Waivers 0 Ex-Parte 1
Action: City Clerk Brown-Morilla read the applicant's name, hearing number, and asked if
there were any ex-parte disclosures. Mayor Samson disclosed that he had an ex-parte
communication.
Public Speakers: Stanley Price, Esq.; Kobi Karp; Jorge Vera; Marla Dumas; Don Stewart;
Gerry Goodman;Bill Lone;Mercedes Cantrell;Lorens Tronet; Cecile Sippin;Caroline Eater;
Mary Ann Eicke
Stanley Price, Esq., summarized the request on behalf of the applicant. Kobi Karp, architect
for the project, reviewed a series of project drawings and specified the modifications to the
request. Mr. Price said they would provide beach access easements on both the north and
south side (providing 25 feet of public beach access on the north, and 10 feet on the south).
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Mayor Samson asked about the west side setback (Collins Avenue side). Commissioner
Turetsky asked about the distance from the cabanas/villas to the beach access. Vice Mayor
Morrow asked about the east side setback (ocean side).
Zoning and Code Administrator Jorge Vera read his report and recommended denial without
prejudice of requests#1, 5 for floor area ratio and building obstruction variances and approval
on a modified basis of requests #2, and 6 for setbacks and building separation, approval of
request#4 for a variance for the view corridor and withdrawal of request#3. Mr.Vera noted
that the request for a variance on F.A.R. was far greater than any FAR variance ever granted
by the City Commission.
Community Planning and Development Director Marla Dumas summarized her
recommendations and concurred with Jorge Vera. Using a hand written chart, she also
reviewed the zoning code requirements of our RU4A ordinance with bonus opportunities.
Commissioner Iglesias complimented City staff on their presentations and then reviewed the
application in detail. Commissioner Kauffman asked if the spa building could be made of
glass and Mr. Karp said it would be substantially glass.
In response to comments,Mr.Price proffered that the F.A.R.would be conditioned on the 320
units, and also that it is a condominium project.
Vice Mayor Morrow moved and Commissioner Turetsky seconded a motion to approve the
application with the conditions that had been agreed upon. City Attorney Dannheisser
summarized/restated the motion as: approval of request #1 for non use variance of floor
area ratio; as to request #2, approving a modified version of non use variance of setback
requirements [the modification being,the gatehouse does not need a non use variance since it
will setback 50 ft as required from the front(west)property line]; request#3 was withdrawn;
approval of request #4; approval of a modified request#5 such that the obstruction is 68%;
approval of request # 6, non use variance of Zoning Regulations to permit the spa building
with a separation of 100 ft; with the conditions that the FAR approval of 4.25 be conditioned
on the number of units being no greater than 320 units, and that all such units be
condominium and not condominium hotel units; and together with the conditions established
in the recommendation of the Zoning and Code Administrator: the site plan be submitted to
and meet with the approval of the Building Official upon submittal of an application for a
Building Permit,and that the approval be substantially in accordance with the plans submitted
by Kobi Karp,dated 11/15/00; that the use be established and maintained in accordance with
the plans; that there be a beach access easement of 35 feet on the north side of the property,
and to that extent, condition #4 is modified provided that the balance is retained—that the
Streetscape Master Plan be implemented with the type,size,and plant materials, lighting and
street furniture to be in compliance with the Streetscape Master Plan prior to the issuance of a
Building Permit and installed prior to a Certificate of Use and Occupancy;that the applicant
submit all declarations of restrictive covenants acceptable to the City which it proffered on the
beach access and landscaping easements;that any declarations of restrictive covenants,unity
of title, easements or other documents be submitted by the applicant within 15 days of the
receipt of the draft resolution, providing that if the documents are not so provided within the
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specified period of time the approval will lapse, and the balance of the conditions set forth in
the Zoning and Code Administrator's recommendation be included in the resolution.
Mr. Price confirmed that the build-out and perpetual maintenance of the beach access
easement is included in the covenant.
Mayor Samson asked if it would be possible to reduce the F.A.R. on the property, however
Mr. Price declined. Mr. Price suggested the City could draft an ordinance that would restrict
an approval of an increase in F.A.R. to plans for projects with very large apartments,
predicated on a percentage of reduction of density.
Ms. Dumas again asked the City Commission for a deferral on the application to allow City
staff to confer with the City's Land Development Regulation Consultant. Mr.Vera concurred
in the request for a deferral.
The motion was approved as Resolution No. 00-Z-55, by a roll call vote of 4-1 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow yes
Mayor Samson no
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7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Chapter 33,Zoning Article XXIV,"BU-1,Neighborhood Business District,"With Respect to
Allowing Entertainment in Restaurants as a Permitted Use in 33-238(28); Further
Amending Article X, Section 33-150 E(3) and 33-151 (G), Alcoholic Beverages; Providing
for Severability; Providing for a Repealer; Providing for Inclusion into the Code; Providing
for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Zoning and Code Administrator Jorge
Vera presented the report.
Public Speakers: none
Commissioner Kauffman asked why the City was proposing to differentiate on the number of
entertainers depending on the day of the week, and suggested that the business community
could determine for themselves if their revenue would support additional entertainers.
Mayor Samson moved and Commissioner Turetsky seconded a motion to approve the
proposal on first reading. The motion was approved by a roll call vote of 5-0 in favor.
Second reading, public hearing will be held on Thursday, December 14, 2000, at 7:00
p.m.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
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Commissioner Turetsky y
Vice Mayor Morrow yes
Mayor Samson yes
8. ORDINANCES FOR SECOND READING (Public Hearings)
8A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Ordinance 99-84 Amending Article XIX,RU-4A,Hotel Apartment House District,Sections
33-217 Through Section 33-223, of the Code of Miami-Dade County, Amending Multiple
Housing Developments: Amending the Definition of Apartment Hotel;Providing a Definition
for Grade; Amending Community Residential Facility;Amending Site Plan Review Criteria;
Amending Lot Coverage and Setback Requirements as They Relate to Both East Side and
West Side of Collins Avenue;Amending View Corridors to the Bay or Ocean and Maximum
Building Obstruction of Views of the Bay of the Ocean; Amending Height Requirements;
Amending Floor Area Ratio as Defined Including Floor Area Ratio Bonuses, Building
Amenities Bonus for Hotels;Amending Subdivision of Hotels and Motels;Amending Parking
Provisions; Providing for a Repealer,Providing for Severability,Inclusion into the Code,and
Providing for an Effective Date. (First Reading 10/19/00)
Action: City Clerk Brown-Morilla read the title and Zoning and Code Administrator Vera
presented his report.
Public Speakers: None
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt the
ordinance on second reading. Ordinance No. 2000-108 was adopted by a roll call vote of
4-0-1 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky absent
Vice Mayor Morrow yes
Mayor Samson yes
8B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Section 33-1 of the Code of Miami-Dade County as Adopted by Section 8.3 of the Charter of
the City of Sunny Isles Beach, Entitled Definitions; Providing for Additional Definitions
Including Definitions of the Following Terms: Boat, Breeding, Commercial Vehicle, Fowl,
Harboring, Keeping, Maintaining, Raising, Storage; Providing for Conflicts; Providing for
Severability; Providing for Codification; Providing for an Effective Date. (First Reading
10/19/00)
Action: City Clerk Brown-Morilla read the title and Code and Licensing Enforcement Officer
Steers presented his report.
Public Speakers: None
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Summary Minutes Regular City Commission Meeting November 15,2000 City of Sunny Isles Beach,Florida
Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to adopt the
ordinance on second reading. Ordinance No.2000-109 was adopted by a roll call vote of
4-0-1 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffrnan yes
Commissioner Turetsky absent
Vice Mayor Morrow yes
Mayor Samson yes
8C. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Adopting a
Revised Fee Schedule for the Building Department,Attached as Exhibit"A";Providing for
Annual Review of Building Department Fee Schedule by City Manager; Providing for an
Effective Date. (First Reading 10/19/00)
Action: City Clerk Brown-Morilla read the title and City Manager Russo presented his
report.
Public Speakers: None
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt the
ordinance on second reading. Ordinance No. 2000-110 was adopted by a roll call vote of
4-0-1 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky absent
Vice Mayor Morrow yes
Mayor Samson yes
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Declaring
Lila Kauffman as Vice Mayor for a Period of One Year; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and reported.
Public Speakers: None
Mayor Samson passed the gavel and moved, and Vice Mayor Morrow seconded a motion to
declare Lila Kauffman as Vice Mayor for a Period of one year,effective upon adoption.
Resolution No. 2000-286 was adopted by a voice vote of 5-0 in favor.
9B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a
Contract By and Between the City of Sunny Isles Beach and Beiswenger, Hoch and
Associates, Inc., for a Phase One Engineering Study for the Golden Shores Area, in an
Amount Not to Exceed 519,100, Attached Hereto As Exhibit "A"; Authorizing the City
Manager to Execute and Effectuate Said Contract; Providing for an Effective Date.
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Summary Minutes Regular City Commission Meeting November 15,2000 City of Sunny Isles Beach,Florida
Action: City Clerk Brown-Morilla read the title and City Manager Russo presented his
report.
Public Speakers: None
Vice Mayor Kauffman moved and Commissioner Morrow seconded a motion to approve the
resolution. Resolution No. 2000-287 was adopted by a voice vote of 5-0 in favor.
9C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Providing for
After-the-Fact Approval of a Contract By and Between the City of Sunny Isles Beach and
Tropic Landscaping and Lawn Maintenance for the Excavation of Collins Avenue
Medians,in an Amount Not to Exceed$24,900,Attached Hereto as Composite Exhibit"A";
Providing Authorization to the City Manager To Do All Things Necessary to Effectuate the
Contract; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Public Works Director Watts presented
his report.
Public Speakers: None
Commissioner Turetsky moved and Vice Mayor Kauffman seconded a motion to approve
the resolution. Resolution No. 2000-288 was adopted by a voice vote of 5-0 in favor.
9D. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the City Manager to Execute an Agreement With the City of Aventura,Florida,for Police
Mutual Aid; Authorizing the Police Chief of the City to Execute a Joint Declaration, and to
Execute a Joint Declaration Amendment Under the Mutual Aid Agreement as Necessary for
the Protection of the City; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Police Chief Maas presented his report.
Public Speakers: None
Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion to approve
the resolution. Resolution No. 2000-289 was adopted by a voice vote of 5-0 in favor.
9E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a
Request for Additional Compensation in the Amount of 53,000 Under the Contract Between
the City of Sunny Isles Beach and Luft Consulting, Inc., for Professional Services in
Connection with the Preparation of the Comprehensive Plan; Authorizing the City Manager
To Do All Things Necessary to Effectuate Said Change Order; Providing for an Effective
Date.
Action: City Clerk Brown-Morilla read the title and Community Planning & Development
Director Dumas presented her report.
Public Speakers: None
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Summary Minutes Regular City Commission Meeting November 15,2000 City of Sunny Isles Beach,Florida
Commissioner Morrow moved and Vice Mayor Kauffman seconded a motion to approve the
resolution. Resolution No. 2000-290 was adopted by a voice vote of 5-0 in favor.
9F. Add-On
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Resolution No. 2000-284 Establishing a Revised Schedule for City Commission Meetings for
the Remainder of Calendar Year 2000 by Calling a Special City Commission Meeting on
Tuesday, November 28, 2000 for Fiscal Year 2000-01 Tax MillageBudget Hearing;
Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo presented his
report.
Public Speakers: None
Commissioner Turetsky moved and Commissioner Morrow seconded a motion to approve
the resolution. Resolution No. 2000-291 was adopted by a voice vote of 4-0-1
(Kauffman) in favor.
9G. Add-On
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Relating to
the Citrus Canker Eradication Program; Calling Upon the State of Florida to Establish a
Tree Canopy Compensation Fund to Provide Just and Fair Compensation to Miami-Dade
County Residents Whose Trees Have Been Eradicated by the Department of Agriculture and
to Provide Funding to Cities in Miami-Dade County to Reestablish the Decimated Tree
Canopy in Their Communities Canker Citrus Trees; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser presented her
report.
Public Speakers: None
Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2000-292 was adopted by a voice vote of 5-0 in favor.
9H. City Clerk's Note [see item 12A for approval of Resolution No. 2000-293]
10. MOTIONS
None
11. DISCUSSION ITEMS
At the request of City Manager Russo, the City Commission agreed to schedule a
Workshop on financial issues for Thursday, December 7, 2000 at 6:00 p.m.
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12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
12A.Request of Solomon Meyerson to report on discussions with FDOT,Miami-Dade County and
Sunny Isles Beach for pedestrian crossing improvements, extended crossing time and
reducing the speed limit on Collins Avenue.
Action: City Clerk Brown-Morilla read the title.
Public Speakers: Solomon Meyerson; Police Lt. Don Reynolds
Mr. Meyerson reported on their recent meeting, noting that they had offered to increase the
crossing time on the streetlight by four seconds.He asked the City Commission for support in
adopting a resolution.
City Manager Russo reported that progress had been made and there would be a meeting
including Police Lt.Don Reynolds on Thursday,November 16,2000. Lt.Reynolds reported
that he had done a survey of current conditions. City Attorney Dannheisser asked if there was
a sponsor for a general resolution to encourage a reduction in the speed limit from 35 mph to
30 mph and to increase the crossing time for pedestrians.
Commissioner Iglesias moved and Vice Mayor Morrow seconded a motion to approve a
resolution. Resolution No. 2000-293 was adopted by a voice vote of 4-1 in favor.
(Turetsky) [City Clerk's Note-Resolution Title: A Resolution of the City Commission of
the City of Sunny Isles Beach, Florida, Encouraging the State of Florida and the County of
Miami-Dade to Examine and Correct the Various Traffic Problems that Plague Collins
Avenue, Within the Corporate Limits of the City and to Take All Remedial Action with
Respect to Correcting These Problems; Providing for an Effective Date.]
Public Speakers: Solomon Meyerson; Police Lt. Don Reynolds;
13. ADJOURNMENT
Vice Mayor Kauffman moved and Commissioner Morrow seconded a motion to adjourn the
meeting. The motion was approved by a unanimous voice vote of 5-0 at 10:45 p.m.
Respectfully submitted by: Approved by he City Commission on Dec.14, 2000
1,it, /
Richard.Brown-Morilla, City Clerk David Samson, ayor
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