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HomeMy WebLinkAbout2001-0118 Regular City Commission Meeting SUMMARY MINUTES Thursday, January 18, 2001, 7:00 p.m. CITY OF SUNNY ISLES BEACH, FLORIDA ATTENTION ALL LOBBYISTS: CITY LAW 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 Samson at 7:05 p.m., with the following officials present: Mayor David Samson Vice Mayor Lila Kauffman Commissioner Danny Iglesias Commissioner Connie Morrow Commissioner Irving Turetsky City Manager Christopher J. Russo City Attorney Lynn Dannheisser 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—December 14, 2000. Action: Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion to approve the Summary Minutes as revised (page 5, item 11A, under Action second sentence "In light of the revelation that the City's Comp Plan was officially adopted effective October 15, 2000," and "or" in last sentence). 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. Action: Mayor Samson read from the handout: ORDER OF BUSINESS: Hear item 9E after item 8A;DELETIONS:Item 9C withdrawn; REVISIONS: Item 3A(revised page 5,item 11A); Item 6B (revised memo from Jorge Vera); Item 9E (additional memo from James DeCocq, revised resolution,and revised Exhibit A).Commissioner Morrow moved and Commissioner Turetsky seconded a motion to approve making the changes. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes:Regular City Commission Meeting January 18,2001 City of Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 5A. Police Officer of the Month for January 2001 —Officer Ken Hackett. Action: Police Chief Fred Maas introduced Officer Ken Hackett and presented him with a certificate and a check. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Marius and Claudette Roure, Owner of the Property Located at 335 1915' Street, for the Following: (Public Hearing#Z2000-10) 1. Non Use Variance of lot coverage requirements to permit an existing residence with a lot coverage of 41% (35% required). 2. Non Use Variance of Setback requirements to permit an existing residence to setback 17.4 ft. from the front (south)property line (25 ft. required), and setback 18.85 ft. from the rear(north) property line (25 ft. required). 3. Non Use Variance of Setback requirements to permit an existing residence to setback 5.15 ft.from the interior(east)side property line(7.5 ft.required),and setback 0 ft. from the interior(west) side property line (7.5 ft. required). Protests 0 Waivers 0 Ex-Pane 0 Action: 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: Claudette Roure Vice Mayor Kauffman moved and Commissioner Morrow seconded a motion to approve the application with staff conditions. The motion was approved as Resolution No.01-Z-57, by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky ves Vice Mayor Kauffman ves Mayor Samson yes 2 Summary Minutes:Regular City Commission Meeting January 18,2001 City of Sunny Isles Beach,Florida 6B. Request of Blue Seas Associates, Owner of the Property Located at 17315 Collins Avenue for the Following: (Public Hearing #Z99-12) 1. Non Use Variance of Floor Area Ratio(F.A.R.)to permit a proposed development with a total F.A.R and bonuses of 3.70 (maximum 2.5 F.A.R. and a possible F.A.R bonuses for a total F.A.R. of 3.163 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 Floor Area Ratio (F.A.R.) requiring single floors above 20 feet above grade not to exceed 0.20 F.A.R.to waive same;to permit single floors with a 0.21 floor area ratio. 3. Non Use Variance of Setback requirements to permit the proposed tower building to setback 25 ft(33.42 ft required)from the interior side(north)property line,setback 20 ft. (33.42 ft. required) from the interior side(south)property line and to permit a proposed decorative waterfall to setback 28.75 ft. (50 ft. required). 4. Non Use Variance of Setback requirements to permit the proposed parking garage structure below 20 feet from grade to setback 0 ft (20 ft. required) from the interior side (north and south) property lines. 5. Non Use Variance of Zoning Regulations to permit a view corridor width of 20 feet(25 feet required). 6. Non Use Variance of Zoning Regulations as it applies to maximum building obstruction to permit proposed development to obstruct 55% (55 ft)of the width of the site above 20 ft above grade (50%-50 ft obstruction permitted). 7. Non Use Variance of Parking Regulations to permit 165 parking spaces (229 spaces required). 8. Non Use Variance of Parking Regulations to permit 28%tandem parking(20%tandem parking permitted). 9. Non Use Variance of Parking Regulations to permit a one-way isle width of 12.16 feet(14 feet required). 10. Non Use Variance of Parking Regulations requiring driveway isles width with parking on either side to be 22 feet; to waive same to permit 15.91 feet driveway isle. Protests 2 Waivers 0 Ex-Parte 0 Action: (Deferred from 11/15/00) [Clerk's Note: The following documents were submitted at the meeting:a revised memo from Jorge Vera, Zoning and Code Administrator;protest letters from Alejandro and Kate Arce and Julia Sotolongo; and documents from Jeffrey Bercow, Esq.] 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-pane disclosures, and there were none. 3 • Summary Minutes:Regular City Commission Meeting January 18,2001 City of Sunny Isles Beach,Florida Public Speakers: Jeffrey Bercow, Esq.; Kobi Karp; Jorge Vera, Zoning and Code Administrator; Marla Dumas, Community Planning and Development Director; Mary Ann Eicke;William Lone; Gerry Goodman; Lorens Tronet, President of the Florida Ocean Club at 17275 Collins Avenue. Jeffrey Bercow,Esq. and Kobi Karp,project Architect,said that although the request is for an apartment hotel,the project will operate as a hotel,and be operated by the same hotelier as the neighboring property. Mr. Bercow requested withdrawal without prejudice of items 2,9,and 10. He said that requests #'s 1 and 7 are without staff support. He recited the names of various projects that had received zoning variances granting increased FAR and he submitted into the record, copies of the City's draft Zoning Resolutions for those projects. Mr. Karp said the project will operate with full valet parking, 24 hours a day. In response to Vice Mayor Kauffman's question, Mr. Bercow said they are willing to meet all the staff conditions,except they asked to waive the waiting period,and asked for 30 days from the end of the appeal period, and to amend Vera's condition #13 to include the wording "unless a building permit is issued for the project." Zoning and Code Administrator Jorge Vera read his revised report that was distributed at the meeting. Community Planning and Development Director Marla Dumas presented her report and noted that she agreed with Mr. Vera in recommending deferral or denial without prejudice of the applicant's request for non use variances relating to floor area ratio and parking, and approval with conditions of the variances relating to building obstruction, view corridor and setbacks. Lorens Tronet, President of the Florida Ocean Club, a residential building at 17275 Collins Avenue, asked members of the audience who had come in opposition to the application to stand, and then individuals did stand. Mr.Tronet expressed opposition to each of the requested variances. Mr. Bercow cross-examined Mr. Tronet,and also questioned Mr.Karp. Commissioner Morrow asked what the FAR would be if the elevator shafts, stairways, and amenities areas would not be calculated in the FAR. In response to Mayor Samson's question about the Streetscape Master Plan, Mr. Karp agreed to have landscaping to comply with the Plan. Mayor Samson said there were too many hotel units, and if it was a hotel, where was the restaurant? Mayor Samson asked them to reduce the number of units by 30. He said his concerns were over FAR and the parking, so if the number of units was reduced, the FAR would drop and the demand for parking would drop. Mr. Karp listed the amenities including a restaurant. Commissioner Iglesias expressed oppositions to the requested FAR,however he did not share the concern about the parking issue since the property would operate as a hotel. He also expressed disagreement in our calculating the elevator shafts, stairways, and amenities areas in the FAR. 4 Summary Minutes:Regular City Commission Meeting January 18,2001 City of Sunny Isles Beach,Florida Commissioner Iglesias moved to approve 6B as modified at the meeting, but reduce the FAR to 3.163 (omitting from the FAR the elevator shafts, stairways, balconies, and amenities areas), bringing the project to 137,720 square feet permitted, including everything. Commissioner Morrow seconded the motion. Mayor Samson again asked the developer to reduce the number of units by 30,which would help with the parking problem. City Attorney Dannheisser noted that under the new Land Development Regulations such things as elevator shafts, stairways, and amenities areas would be removed from FAR calculations, but there would be no setback variances permitted. Following discussion,Commissioner Morrow moved and Vice Mayor Kauffman seconded a motion to defer(continue the public hearing)the application to February 22,2001. The motion was approved as by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Relating to Public Safety, Requiring Locking Devices on Firearms Stored in the City of Sunny Isles Beach; Providing Severability, Inclusion in the Code, and an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser presented her report and said that the County was requiring that we adopt the ordinance. Public Speakers: Chief Fred Maas Vice Mayor Kauffman 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, February 22, 2001. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 5 Summary Minutes:Regular City Commission Meeting January IS,2001 City of Sunny Isles Beach,Florida 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Relating to Abandoned or Lost Property; Providing for a Repealer; Providing for Severability; Providing for Inclusion into the Code; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser read the report. Public Speakers: None Commissioner Turetsky moved and Vice Mayor Kauffman 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, February 22, 2001. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson }_es 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending and Clarifying Ordinance No. 2000-107, With Respect to Rules and Procedures to Define Applicability of Rule 5.06 to Zoning Matters and to Exclude Zoning Matters from Reconsideration Under Rule 7.01(K); Providing for a Repealer; Providing for Severability; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser presented the report. Public Speakers: Gerry Goodman Vice Mayor Kauffman 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, February 22, 2001. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman y Mayor Samson yes 7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending Ordinance 98-52 to Revise the Time Limit from One Year to Two Years Within Which a Building Permit Must Issue for any Variance,Special Exception,New Use,Special Permit or Unusual Use Heretofore or Hereafter Granted; Providing for Quarterly Notice in a 6 Summary Minutes:Regular City Commission Meeting January 18,2001 City of Sunny Isles Beach,Florida Newspaper of General Circulation Within the City Limits for the Two-Year Time Period; Providing for Administrative Relief Procedure from this Ordinance,Providing for an Appeal to the City Commission;Providing for a Repealer; Providing for Severability; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser read the report. Public Speakers: Gerry Goodman Commissioner Turetsky moved and Vice Mayor Kauffman 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, February 22, 2001. Vote: Commissioner Iglesias Yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman 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, Further Amending Ordinance 98-52,Amending Section 33-317 Entitled"Limitation on Issuance of Permits," to Include a Section Which Requires Compliance With Zoning Code and All Zoning Resolutions Issued Thereunder Before Any Permit is Issued; Providing for a Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 12/14/00) Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser presented her report. Public Speakers: None Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion to adopt the ordinance. Ordinance No. 2001-112 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias }es Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 7 Summary Minutes:Regular City Commission Meeting January 18,2001 City of Sunny Isles Beach,Florida 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Amending Resolution No. 2000-277A Establishing a Schedule for City Commission Meetings for Calendar Year 2001,by Changing the February 15,2001 Meeting to Thursday,February 22, 2001; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title. Public Speakers: None Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion to approve the resolution. Resolution No. 2001-301 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,Objecting to the Recent Windstorm Insurance Rate Increase by the Florida Windstorm Underwriting Association(FWUA);Urging the Governor of Florida and the Florida Legislature to Convene a Special Session to Address the Rate Increase and the Structure of the Florida Windstorm Underwriting Association Panel Responsible for Approving the Rate Increase;and Directing the City Clerk to Forward a Copy of This Resolution to the Governor and the Florida Legislature; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Mayor Samson presented his report. Public Speakers: None • Commissioner Morrow moved and Commissioner Turetsky seconded a motion to approve the resolution. Resolution No. 2001-302 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,Adopting an Interlocal Agreement By and Between the City of Sunny Isles Beach and Miami-Dade County with Respect to Water and Sewer Pump Stations Located Within the City Limits of Sunny Isles Beach, in the Form Attached Hereto as Exhibit "A"; Authorizing the City Manager and City Attorney to Negotiate Any Technical Changes to the Agreement; Authorizing the City Manager to Execute Said Agreement on Behalf of the City;Providing for an Effective Date. Action: This item withdrawn by City staff. 9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Sublease Agreement By and Between the City of Sunny Isles Beach and Ocean Two Limited Partnership and R.K.Associates,Attached Hereto as Exhibit"A";Authorizing the 8 Summary Minutes:Regular City Commission Meeting January 18,2001 City of Sunny Isles Beach,Florida City Manager to Execute the Addendums and Do All Other Things Necessary to Effectuate Same; Providing for an Effective Date. [Clerk's Note: New rental space for the Building Department] Action: City Clerk Brown-Morilla read the title. Public Speakers: None Commissioner Turetsky moved and Commissioner Morrow seconded a motion to approve the resolution. Resolution No. 2001-303 was adopted by a voice vote of 5-0 in favor. 9E. Public Hearing A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving the City's 2001 Legislative Community Budget Requests, Appropriations and Grants from the State Legislature,Attached as Exhibit"A,"Pursuant to Florida Statute§216.052; Providing for an Effective Date. Action: [City Clerk's note:a revised resolution and additional memo were distributed at the meeting.] City Clerk Brown-Morilla read the title and City Manager Russo presented his report and stated that an item was added to Exhibit A: Parks- FRDAP Grant Application for Active Park Acquisition. Mayor Samson opened the public hearing. Public Speakers: None Commissioner Morrow moved and Vice Mayor Kauffivan seconded a motion to approve the resolution as revised. Resolution No. 2001-304 was adopted by a voice vote of 5-0 in favor. 10. MOTIONS None 11. DISCUSSION ITEMS 11A. After item 5A,Mayor Samson read a memo from Police Chief Fred Maas complimenting the Police Department's Holiday Task Force for their outstanding performance. 9 Summary Minutes:Regular City Commission Meeting January 18,2001 City of Sunny Isles Beach,Florida 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 12A. Gerry Goodman complimented the Mayor and the City Commission on the good job that they are doing. I I 13. ADJOURNMENT The meeting was adjourned at 10:00 p.m. Respectfully submitted by: Approved by the City Commission on Feb.22, 2001 ' Lv 1 C,. r tY M '1 /1/ c+ Richazd+Bidwn-Mdrilla, City Clerk David Samson, ayor r [[ c., l.y Fi } ...1 T �'. (et L.i �, 1i l) "VII• i4 10