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Home My WebLink About2003-1113 Regular City Commission Meeting SUMMARY MINUTES City Commission Meeting: Zoning Hearing Thursday, November 13, 2003, 7:00 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF,BOARDS,COMMITTEES OR TILE 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 Edelcup at 7:01 p.m., with the following officials present: Mayor Norman S. Edelcup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Danny Iglesias • Commissioner Lewis J. Thaler City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Jane A. Hines 2. PLEDGE OF ALLEGIANCE/INVOCATION Action: Commissioner Brezin led the Pledge of Allegiance to the flag. Richard C. Schulman gave an invocation. Mayor Edelcup gave opening remarks of decorum. City Clerk Hines read a disclaimer for the Zoning hearing and then administered the oath to the witnesses for the Zoning hearing. 3. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 3A.1 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Zoning Applications Submitted by Fortune Beach,LLC,(Z2003-08), Subject to Certain Conditions; Providing for an Effective Date. (Jade on the Beach) (Continued from 9/18/03 & 10/23/03) Action: City Clerk Hines read the title and City Attorney Dannheisser presented a report noting that this resolution was approved at the September 18, 2003, and that it is coming back for final adoption with several conditions. Public Speakers: Judith Burke, Esq.; Cecile Sippin; Mary Ann Eicke; Henry Kay Summary Minutes: City Commission Meeting November 13,2003 City of Sunny Isles Beach,Florida Judith Burke, Esq., representing Fortune Beach, LLC, said that they have no objection if they are asked to put in the bathroom facility with the showers in the public park, and if the Commission would also like them to put in showers and a fountain, and a bench in the public park, they would be happy to do so. Vice Mayor Goodman asked who will be maintaining the property after it is built, and Ms. Burke said that if they end up building the facilities on their property,they will maintain them, in the event the City asks them to build the bathrooms in the public park,the City will maintain the bathrooms as part of the public park. Commissioner Thaler asked who is responsible in maintaining the bathrooms and restrooms, and assuming that they are not maintained properly, who has the right to repair and maintain the showers and bathrooms, and Ms. Burke said that there is a Declaration which will be recorded in the public records giving the City the right to inspect and if it is not maintained, the City will issue a notice of violation, and by that time the Association will be required to do so. Commissioner Thaler asked for clarification on what we are voting on tonight, and Ms. Burke noted that the Commission is only voting on the price of the appraisal, as the resolution was adopted on September 18, 2003. City Attorney Dannheisser said that we can avoid this in the future by not taking a vote until the resolution is finalized. Mayor Edelcup noted that sometime in the near future we can have something like a Mayor's Advisory Council that will bring the people and the developers together within the same forum and give both sides an opportunity to be heard. On September 18, 2003, Commissioner Kauffman moved and Commissioner Iglesias seconded a motion for approval, subject to staff conditions, and put in bathrooms and showers if possible, and bring back the Resolution to the City Commission for final approval. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Kauffman y Vice Mayor Edelcup yes Mayor Samson ves Resolution No. 03-Z-78 was adopted by a roll-call vote of 4-1 in favor. Vote: Commissioner Brezin y Commissioner Iglesias yes Commissioner Thaler no Vice Mayor Goodman yes Mayor Edelcup }_es 3A.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Acceptance of the Appraised Land Value of $25,500,000.00 for the Property Located at 17001 Collins Avenue.a/k/a Jade on the Beach; Providing for the Summary Minutes: City Commission Meeting November 13,2003 City of Sunny Isles Beach,Florida Acceptance and Payment by the Applicant of$7,558,863.00 for the Transfer of 124,991 Square Feet and 57 Units of the City's Transferable Development Rights; Providing for an Adjustment of the Balance of Transferable Development Rights from the City's Bank to Reflect a Decrease of 124,991 Square Feet and 72 Units as Described in Exhibit 'A'; Providing for a Repealer; Providing for an Effective Date. Action:City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported. Public Speakers: Judith Burke, Esq.; Henry Kay; Bud Scholl; Mary Ann Eicke; Bard Brenner Judith Burke, Esq., noted that the only issue before the Commission is accepting the appraised value of the property. She said that they submitted their appraisal on the property in June with their application and their appraiser appraised the land at $22,500,000.00, and shortly before this hearing, the City's appraiser looked at the appraisal and said it should be$25,500,000.00. City Manager Russo said that the City's appraiser looked at the information,researched the sale of this property,and found that the $25,500,000.00 was the purchase price. Commissioner Thaler said he felt that the TDRs given in this case were excessive and that 20% of the total TDRs that this City has to give out, goes to one project and he doesn't feel that it should have occurred. Commissioner Iglesias said that no developer has asked for a TDR that is not in the Ordinance,and the Commission can say yea or nay,the people asking for a TDR are within their rights, and right now are transferring the TDR to the most valuable property in the City. He said that the City and its taxpayers,cannot benefit more as of today than on this property. He noted that the TDRs are valued based at today's market value. Mayor Edelcup pointed out that the$7,558,863.00 will go into Capital Improvements only and will not be used for City operating expenses. Mayor Edelcup called for a vote 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 4, 2003, at 7:00 p.m. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Edelcup yes 3 Summary Minutes: City Commission Meeting November 13.2003 City of Sunny Isles Beach,Florida 3B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Acceptance of the Appraised Land Value of $1,028,000.00 for the Property Located at 17555 Atlantic Boulevard a/k/a King David; Providing for the Acceptance and Payment by the Applicant of $160,920.00 for the Transfer of 18,000 Square Feet and 18 Units from the City's Development Rights; Providing for an Adjustment of the Balance of Transferable Development Rights from the City's Bank to Reflect a Decrease of 31,266 Square Feet and 18 Units as Described in Exhibit "A"; Providing for an Adjustment of the Balance of Development Rights Available;Providing for a Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported. Public Speakers: Joseph Milton; Cecile Sippin; Henry Kay; Mary Ann Eicke Commissioner Brezin said she was concerned about that area and asked the developer about improving the look of the property with paving and lighting. Joseph Milton, Developer for King David,noted that they are now working with landscaping and lighting, and that they have put in over 30 Royal Palms, a fountain, and are redoing the entire sidewalk, making it wider and setting it back from the right-of-way. He said he would meet with Commissioner Brezin and show her the renderings before second reading of this Ordinance. Vice Mayor Goodman asked Mr. Vera about the flood area at 175th Place and Atlantic Boulevard, wasn't that to be corrected, and Mr. Vera said yes, and Mr. Milton said that whatever the Resolution states he will do, and that he would get back with Vice Mayor Goodman before second reading on the flooding issue. Mayor Edelcup noted again that we are having workshops and are in the process of making sure that in the future, that we will take appropriate time for staff, Commission, and all parties to have proper input on site plan hearings and zoning matters and that we will not be rushing into any thing but taking them in an orderly fashion. Mayor Edelcup called for a vote 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 4, 2003, at 7:00 p.m. Vote: Commissioner Brezin y Commissioner Iglesias y Commissioner Thaler yes Vice Mayor Goodman y Mayor Edelcup ves 4 Summary Minutes: City Commission Meeting November 13,2003 City of Sunny Isles Beach,Florida 4. ADJOURNMENT Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to adjourn ..the meeting. Mayor Edelcup adjourned the meeting at 8:20 p.m. q• +{;:f R'espesifnllysubmitted by: Approved by the City Commission on Dec. 4, 2003 ' .� •• r ; N :' 'ICY. clikufrt. //�(��/ .y/1 �jj/,///,��i ,-(1 Jane'A.fI-$nes, City Clerk No an S. Edelcup, Mayor r '\' .-' i t'M- I - 4 • {, / , ' f •.yi.y itt-,, tom :• T !.fY.4,;:?. • •.._ I 5