The URL can be used to link to this page

Home My WebLink About2002 1210 Special City Commission Meeting --.- -- SUMMARY MINUTES Special Joint Meeting of the Local Planning Agency and the City Commission Tuesday, December 10, 2002, 7:00 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REOUlRES 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 ORDERlROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:04 p.m., with the following officials present: Mayor David Samson Vice Mayor Norman S. Edelcup Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner Lila Kauffman City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE Action: Mayor Samson led the Pledge of Allegiance to the flag. Mayor Samson read an introductory statement on decorum, and his personal thoughts regarding the Land Development Regulations. 3. PUBLIC HEARING: LAND DEVELOPMENT REGULATIONS (LDRs) 3A. LDRs ORDINANCE FOR SECOND READING An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Establishing Procedures for the Issuance of Development Permits by the City of Sunny Isles Beach for the Development of Land Within the City; Providing for Purpose and Definitions; Providing for Development Review Requirements; Providing for Vested Rights; Providing for Procedures to Amend the Comprehensive Plan and Land Development Regulations; Providing for Platting Procedures; Providing for Site Plan Procedures and Requirements; Providing for Procedures for the Issuance of Permanent or Temporary Certificates of Occupancy; Providing for Zoning Districts; Providing for Parking Requirements; Providing for Sign Regulations; Providing for Landscaping Requirements; Special Joint Meeting of the LPA & City Commission December 10,2002 Summary Minutes City of Sunny Isles Beach, Florida Providing for Development Standards; Providing for Regulations of Nonconforming Uses and Structures; Providing for Performance Standards; Providing for Appeal; Providing for Repeal of Certain Portions of Chapter 33 of the Code of Miami-Dade County as Made Applicable to the City Pursuant to Article 8.3 of the City Charter; Providing for Repeal of Conflicting Provisions; Providing for Exclusion of B 2 and B 2A Zoning Districts Not Included in this Ordinance; Providing for Immaterial Modifications and Scriveners Errors;* Providing for Severability; Providing for Inclusion in the Code, and Providing for an Effective Date. (First Reading 11120102) Action: * [City Clerk's Note: Corrected Zoning Maps were distributed and during the meeting the title of the Ordinance was revised] City Clerk Brown-Morilla read the title and Shelley Eichner, City Planning Consultant, and Vice President of Calvin Giordano and Associates summarized the First Reading of the LDR Ordinance of November 20,2002, and announced that revisions were made since that Special City Commission Meeting. Commissioner Goodman noted the need for a correction on page 39, "two years", not one, for the expiration of a development order. Ms. Eichner agreed and will correct it. Commissioner Iglesias noted a revision for page 99, section (i)( 1 )(b), delete "exceeding 15% of the dwelling unit floor area or any part of', this revision will be made. Public Speakers: Shelley Eichner; Jorge Vera; Jeff Tucker; Cecile Sippin; Arnold Taft; Ilona Wiss, Esq.; Michael Greenhutt; Olivier Fraisse; Mary Ann Eiche; Esther Amram; Bill Lone; Janna Lhota, Esq.; Steven Eckenrode; Hinda Apelbaum; Juan Miranda; Joseph Milton; Eric Wheeler; Olga Schwartz; Yvonne Bodden; Anthony Pupillo; Fred Barker; Rosa Rodriguez; Seth Kaufman; Adam Kaufman; Herb Abramson; Stanley Price, Esq.; Clifford Schulman, Esq.; Don Stewart; Therese Fraisse Mayor Samson, Commissioner Goodman, and Commissioner Iglesias questioned Jeff Tucker regarding his expressed concerns about developing submerged land. Commissioner Iglesias, responded to Ilona Wiss's remarks when she requested deferral of the B-1 zone to avoid creating a "concrete canyon." He noted that only 38% percent of the west side of Collins Avenue is proposed to be zoned as B-1. Commissioner Goodman, responded to Stanley Price's remarks regarding a parcel in the RMF-2 District on North Bay Road that has less than 100 feet of frontage, and questioned Ms. Eichner regarding, page 92 (d)(l). The consensus was to proceed with the LDRs and that Mr. Price should encourage staff to propose an amendment, or he should request a vanance. Mayor Samson clarified that he wanted the study and recommendations for the proposed B-2 and B-2A zones to come forward quickly. Mayor Samson passed the gavel and moved and Commissioner Iglesias seconded a motion to adopt the ordinance. City Attorney Dannheisser read several revisions to the 2 Special Joint Meeting of the LPA & City Commission December 10,2002 Summary Minutes City of Sunny Isles Beach, Florida ordinance and to the ordinance title: "Section 4. Exclusion of Districts." (since they are not being adopted), to be reworded and should read as follows: "Section 4. Districts Not Included in This Ordinance. Any zoning districts or clarifications not specifically designated in this Ordinance shall remain in full force and effect as set forth in the Code of Miami-Dade County as adopted or as may have been amended by the City, pursuant to Section 8.3 ofthe City Charter, provided however, except for the specific district regulations including but, not limited to, permitted uses, heights, setback, lot coverage, all other provisions of this Ordinance shall apply, such that, by way of example, all applications for development orders, site plan review and criteria, application for variances from district regulations, district landscaping regulations, shall be made in accordance with the terms of this Ordinance, and not the Code of Miami-Dade County, as adopted by the City of Sunny Isles Beach." She clarified that if an application is made for a variance from those district regulations not addressed in the LDRs or for a site plan review, that will come under the terms ofthis newly adopted Land Development Regulations. Section 5 is a new section that will now read: "Section 5. Immaterial Modifications and Correction of Scriveners Errors. The City staff is authorized and directed to correct any and all scriveners errors, any internal inconsistencies and make any immaterial modifications to this Ordinance, provided that those changes do not modify the intent exercised by this City Commission." The current Section 5 will become Section 6, and 7 and 8 respectively. In Section 1, which has the regulations set forth in Exhibit" A" attached hereto, this includes the Zoning Map as amended tonight. She asked Mayor Samson to include her remarks as amendments to be included in his motion, and he and Commissioner Iglesias agreed to amend their motion accordingly. Ordinance No. 2002-165 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Goodman yes Commissioner Iglesias ~ Commissioner Kauffman yes Vice Mayor Edelcup ~ Mayor Samson yes 3B. New add-on item: Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to direct the City Manager to go out for competitive bids for planning assistance on developing proposed zoning regulations for the B-2 and B-2A areas on the west side of Collins Avenue, and Town Center Overlay for Sunny Isles Boulevard, and to bring this forth in public workshops or charettes as quickly as possible to move forward with our new zoning. The motion was approved by a voice vote of 5-0 in favor. 3C. New add-on item: There was a consensus of support for Commissioner Kauffman's request that staff and Commissioners bring forward any recommendations for possible amendments they may have, based on correspondence or comments they have received. Commissioner Iglesias noted the concerns regarding "tree surveys" as expressed in a letter from Greenberg Traurig, 3 Special Joint Meeting of the LP A & City Commission December 10, 2002 Summary Minutes City of Sunny Isles Beach, Florida and also the zoning concern expressed by Stanley Price, Esq., for the RMF-2 District parcel on North Bay Road. Commissioners asked the Zoning Director to publish a compilation of all of the correspondence received regarding any suggestions for the LDRs; and that Commissioner suggestions be copied to all members of the City Commission. 4. ADJOURNMENT The meeting was adjourned by Mayor Samson at 8:44 p.m. Respectfully submitted by: It C i r.' ;,., . ~ ... \1... . f.,J _ .' 1 ... ~~&1\~~~" ~ RichYi'ra13rown~Morll1a, City Clerk ',{1 ',~ l 1";( I -: ~ .. .:. .- . ',,"\1 · ',' I (I ~ \ J~~ .), k' l 1.'1 "'),' ..e'J .. ,.; ,.~~ ~....> :~~~~~J~ 4