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HomeMy WebLinkAbout2004 0401 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, April 1, 2004, 7:00 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REOUIRES YOUR REGISTRA nON 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 Ede1cup at 7:03 p.m., with the following officials present: Mayor Norman S. Ede1cup 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 Action: Commissioner Brezin led the Pledge of Allegiance to the flag. Mayor Ede1cup thanked Richard C. Schulman on behalf of the City for his and the Committee's efforts, in bringing together the Holocaust Survivors Program. Mr. Schulman noted that there were 242 survivors at the Program, and he then gave an invocation. Mayor Edelcup gave opening remarks of decorum, and added item 6A to the agenda. 3. APPROV AL OF MINUTES 3A. Zoning Hearing - March 2, 2004. Action: Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes: City Commission Meeting April 1, 2004 City of Sunny Isles Beach, Florida 4. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 4A. Request of MPSI USA Corp., Tenant at the Property Located at 18401 Collins A venue, Sunny Isles Beach, Florida, alkla Thunderbird Hotel for the Following: [Hearing #Z2003-12] 1. Conditional Use pursuant to Section 265-35(c)(3) of the Code ofthe City of Sunny Isles Beach, to permit a nightclub in the Mixed Use Resort District (MU-R). Protests 0 Waivers o Ex-Parte o Action: City Clerk Hines read a disclaimer for the Zoning hearing, and read the applicant's name, hearing number, location and then administered the oath to the witnesses for the Zoning hearing. Planning and Zoning Administrator Jorge Vera reported noting that there were questions raised regarding the Notice that went out which included the legal description of both sides of the property since the Thunderbird has parking across the street. Mayor Ede1cup said that a lot of people were confused because they thought there was a zoning hearing tonight on the development of that property, but it is an application for a license inside an existing restaurant on the east side of Collins A venue. Mr. Vera noted that the restaurant has been operating for over eight years and providing entertainment and a dancing area for its patrons. He said that the applicant during that time was under the impression that entertainment and dancing was a permitted use since the prior owner had the same type of use; however, the prior owner sent a letter to the County relinquishing the use in 1996 before closing the business and selling to the new owner. Mr. Vera said that staff is recommending approval with conditions as specified in his report. Public Speakers: Cecile Sippin; Ellen Wynne; Peter Weiner; Henry Kay; Stella Haltern; Susan Fried Ellen Wynne inquired about the parking on the west side of the street, and Peter Weiner, Vice President of Dezer Properties, said that the parking is a use that is a declaration that was done when the Thunderbird was first built in the 1950's to allow parking on the west side of the street for additional parking for the hotel, and that there is no increase in the number of cars parking. Vice Mayor Goodman noted that the parking there is 100% valet parking. Vice Mayor Goodman moved and Commissioner Thaler seconded a motion for approval, subject to staff conditions. Resolution No. 04-Z-81 was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Iglesias yes Page 2 of 13 Summary Minutes: City Commission Meeting April 1, 2004 City of Sunny Isles Beach, Florida Commissioner Thaler yes Vice Mayor Goodman yes Mayor Ede1cup yes 5. ORDINANCES FOR FIRST READING SA. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2003-172, Adopting a Cost Recovery Deposit Fee Schedule for Planning and Zoning Services, Attached as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported. Public Speakers: none Commissioner Brezin moved and Commissioner Iglesias 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, April 15, 2004, at 7 :30 p.m. Vote: Commissioner Brezin Commissioner Iglesias Commissioner Thaler Vice Mayor Goodman Mayor Edelcup yes yes yes yes yes 5B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-23 of the Land Development Regulations, Relating to Transfer of Development Rights; Providing for Revised Definitions; Providing for Establishment of Sender Sites, TDRs Transferred, Fees; Providing for TDRs Transferred from City Owned Sender Sites; Providing for TDRs Transferred from Privately-Owned Sender Sites and a Revised Application Process to Consolidate the Site Plan Review Process and the Transfer of Development Rights Process; Providing for Establishment of Recei ver Sites; Providing for Fees; Providing for Transferable Development Rights from City Owned Sender Sites, Transferable Development Rights from City Owned Sites; Providing for Development Rights from Privately Owned Sender Sites; Providing for Cost of Transferable Development Rights Issued by Private Owners from Privately Owned Sender Sites; Providing for Development Limitations Upon Receiving Sites; Identifying Land Ineligible for Consideration as Receiving Sites; Providing for Procedures Pertaining to the Purchase of Development Rights for Use on a Potential Receiving Site and for a Non-Refundable Deposit; Providing for Review and Recommendation by Planning and Zoning Administrator, Scheduling of Hearing, Review Page 3 of 13 Summary Minutes: City Commission Meeting April 1, 2004 City of Sunny Isles Beach, Florida by the City Commission and Recording of Documents; Providing for Zoning In Progress; Providing for TDR Bank; Establishment of TDR Bank; Deposits and Withdrawals from TDR Bank and Limitations; Providing for a Repealer; Providing for Severability; Providing for an Effective Date Action: City Clerk Hines read the title and City Attorney Dannheisser reported that this amendment basically does two things: 1) where TDRs have been approved for a receiving site that are purchased from the City, are requiring a nonrefundable deposit in the amount of 10% of the total cost of the TDRs for the receiving site to be paid by the applicant within three days of the date of Commission approval; and 2) the Zoning in Progress provision, the Ordinance in effect at the time the Commission hears the application, will be the Ordinance that is applicable. Public Speakers: none Commissioner Brezin moved and Commissioner Iglesias 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, April 15, 2004, at 7:30 p.m. Vote: Commissioner Brezin Commissioner Iglesias Commissioner Thaler Vice Mayor Goodman Mayor Ede1cup yes yes yes yes yes PUBLIC HEARING: Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 5e.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Rescinding LPA Resolution No. 2004-15; Recommending to the City Commission of Sunny Isles Beach, the Ordinance Adding Section 265-37 of the Land Development Regulations, Relating to the Creation of a Town Center Zoning District; Providing for Permitted Uses, Conditional Uses and Prohibited Uses; Providing for Site Development Standards; Providing for Architectural Design Minimum Requirements; Providing for General Design Standards; Providing for Landscape and Open Space, Attached Hereto as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Ede1cup reported. Public Speakers: none Page 4 of 13 Summary Minutes: City Commission Meeting April 1, 2004 City of Sunny Isles Beach, Florida Commissioner Iglesias moved and Commissioner Brezin seconded the motion. LP A Resolution No. 2004-16 was adopted by a voice vote of 5-0 in favor. 5e.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Adding Section 265-37 of the Land Development Regulations, Relating to the Creation of a Town Center Zoning District; Providing for Permitted Uses, Conditional Uses and Prohibited Uses; Providing for Site Development Standards; Providing for Architectural Design Minimum Requirements; Providing for General Design Standards; Providing for Landscape and Open Space; Providing for a Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and Shelley Eichner, AICP, Planning Consultant, and Planning and Zoning Administrator Jorge Vera reported. Shelley Eichner, AICP, Planning Consultant, reported that she wanted to make a correction on page 16 on Summary Chart E, Lot Width categories, the first category should be 100-149 feet; and the second category should be 150-299 feet, which was the consensus at the last meeting. Ms. Eichner proceeded to go through the Ordinance noting that there are a lot more graphics included in an attempt to better explain the chart system, and have now put the text, in terms of setbacks and height, into text format into the diagrams and charts. Commissioner Thaler stated that, regarding Maximum Dwelling Unit Density, the difference between 80 units per acre and 60 units per acre, assuming the full use of that property which is approximately 10.9 acres on the south side of Sunny Isles Boulevard, at 80 units per acre we come up with 873 units that can be built on the property; at 60 units per acre we come up with 655 units and that is without the TDRs. Commissioner Iglesias said it is less acres than 10.9 acres, and said the numbers should be 788 vs. 633. Commissioner Thaler said if you add the 30% on it you come up with an additional 262 units on the 80 per acre against 197 units, and the differential between using 80 units per acre and 60 units will come to 283 units, if you take the statistic that the Herald had run, of the average of 1.7 cars per unit, it comes to a difference of 481 cars in that area just by going from 60 to 80 density. Commissioner Thaler said the difference between 80 projecting it out using 1,135 times 4.2 comes to 4,767 trips and with the 60 it comes to 3,578 trips a day. He said if we stay at 60 units which is where we have the west side, we will have almost 500 cars less driving these streets. Commissioner Iglesias, using the 6th Edition ofthe Institute of Traffic Engineers Manual, stated if you go from the south to the north, the corner lot has .86 acres of what we are allowing and that is 42 units. He said if you go down the line from the Lagoon to the Miami Subs, has a total of acres that would allow 633 units on the sliding scale, and with Commissioner Thaler's figures it goes from 633 units to 534 units. Commissioner Page 5 of 13 Summary Minutes: City Commission Meeting April 1, 2004 City of Sunny Isles Beach, Florida Iglesias stated for an example to relate to traffic, at the north end, with 80 units per acre for everything, this comes out to 788 units on four lanes of traffic, six units less than one single building on North Bay Road that only has two lanes of traffic, which is the Intercoastal Yacht Club. On North Bay Road, there is a total of 2,586 units, all on a two lane road. He continued with traffic rates, at the north end, going at 80 units per acre, you can only go four at 60 units, to put condos on the north end is not feasible because you are taking the height of only four stories, the average rate for a high-rise condominium is 4.2 vehicles, at 80 units per acre, not the sliding scale, you are generating 3,296 trip ends per day, the traffic on Sunny Isles Boulevard is currently over 44,000 vehicles per day, therefore if we take the worst scenario, at 80 units per acre, you are looking at adding 6% more traffic, and is less then two fast-food restaurants with 86 seats with a drive-in window, in other words we are looking at 6% of increase providing we keep the same density, which is not the case because some of those buildings are going to go away and become condos, so if the traffic was a major problem on 788 units, what happens on North Bay Road when you have 2,560, so bottom line is that density is not an issue. Commissioner Thaler said that Commissioner Iglesias is forgetting about the traffic that is already there, and he believes it is 10% not 6%. Commissioner Iglesias did not agree, he said the actual traffic counts from FDOT was 44,000 vehicles, and he said that you are looking at a 5% to 7% increase if everything stays the way it is, but it is not going to. Vice Mayor Goodman said that Sunny Isles Boulevard has a bridge and when it is up the traffic backs up all the way to Collins Avenue, the traffic isn't coming from Sunny Isles Beach but people passing through Sunny Isles Beach to get to other points. He said that we need to do a new survey. Mayor Ede1cup said whether it is 60 or 80 units per acre we are going to have the traffic because it is coming from outside of the City. Commissioner Brezin said that a problem already exists when that bridge is up, and we don't need a lot more traffic, and agrees with Commissioner Thaler at 60 units per acre. Vice Mayor Goodman asked Ms. Eichner how this affects the maximum height of the buildings, and she said it doesn't affect that. Public Speakers re: Maximum Density: Henry Kay; Joseph Milton; Chris Humberstone; Roslyn Fabian; Teresa Lewis; Cecile Sippin; Cliff Schulman; Mayor Edelcup summarized that he thinks both sides are trying to come up with lower density and lower number of units. He said one side is saying basically to make it 60 straight across, and the other side is to have a sliding scale from 25 to 80 units per acre. He said which ever way we go, at the end we will wind up with about the same. Ms. Eichner said on page 7, requirements dealing with minimum unit size, the building parameters as far as defining the different types of streets in the concept, the size of buildings, height of buildings, setbacks, are based on street types. Mayor Ede1cup pointed out a typo in Section d) on page 7, forth line down, it says "extend one hundred (100)" the word "feet" should be added there. Page 6 of 13 Summary Minutes: City Commission Meeting April 1, 2004 City of Sunny Isles Beach, Florida Ms. Eichner discussed on page 8, lot coverage and minimum setbacks. Commissioner Iglesias said when you allow 5-feet on Sunny Isles Boulevard, you are introducing an alleyway, and he thinks you can leave it on the back but not the side. Ms. Eichner explained that initially on the south side of Sunny Isles Boulevard, the original in the workshop settings was a O-setback, subject to site plan approval, then at the last workshop the consensus was to have a tower separation of 50-feet. The tower set back 20-feet from the pedestal, so if you have 20 on one side and 20 on the other, you only have 40, so the only way to get 50-feet was either make the towers 25-feet setback from the pedestal, or throw an extra 5-feet on either side. Commissioner Iglesias still feels you are creating a alley, so remove at least the 5-feet side. Commissioner Brezin noted that there would only be lO-feet in between the buildings, and if there was a fire there, emergency vehicles wouldn't be able to get in. Commissioner Iglesias said they would go through the building, but Commissioner Brezin said they need to get through the side of the building, and she is proposing that we have a minimum of 10-feet, and she proposed that we have buildings no higher then llO-feet, and the housing for the elevators or air conditioning units is not counted in the 110-feet. Vice Mayor Goodman said if you get the two properties and there is no setback at all, that means they are building lot line to lot line. He said there are two towers, on one end the tower with the entrance to the delivery side would be, would be no problem for the emergency vehicles, but when you get to the other side, where the other tower is, there will be no way for an emergency vehicle to get in. Mayor Ede1cup said that we should be talking about this at Site Plan Review, because each building will have to have a site plan review that includes the Fire Department signing off as to whether or not it is feasible. Ms. Eichner added that the setbacks listed are minimums, and Commissioner Thaler agreed with Commissioner Brezin that they should all be ten. Ms. Eichner said on page 10, Maximum Height, the heights of buildings are based on the street type frontage, and heights throughout the City varies from 75-feet up to 190-feet. The Collins Court which is the area fronting Collins Avenue as well as the north side of Sunny Isles Boulevard where it is 50-feet for the first 130-feet, and then 100-feet for the next 100-feet, then up to the 170-feet which is the 15-stories, set further back, and all the others are generally maximum heights, width, a pedestal, a tower, and a penthouse. Ms. Eichner further reported on Landscaped Open Space and Tower Separation and Tower Width, with a minimum separation of the towers of 50-feet and maximum tower width of 200-feet. She noted that the next group of pages is the same text, the same concepts, but just put into a chart format and diagrams. She said the last part of the Ordinance gets into architectural design minimum standards, and those came about working with some of the developers and architects in the community and coming up with suggested architectural guidelines that should be reviewed in conjunction with site plan approval when these come to the Commission to ensure that there is some type of theme and consistency and pedestrian friendly type of concept within the Town Center, and finally there are some general and open space requirements, and that summarizes it. Page 7 of 13 Summary Minutes: City Commission Meeting April 1, 2004 City of Sunny Isles Beach, Florida Mayor Ede1cup summarized that at this point, we have gone through the entire process for a year of doing the Town Center planning, and essentially, what he is hearing here today, we have pretty well agreed on every aspect of the Town Center with the exception of the south side of Sunny Isles Boulevard where there are three issues: 1) height of the building; 2) side setbacks; and 3) which form of density should apply to that south side. Ms. Eichner pointed out that there is a road type called a bayfront which also has a 190-foot maximum height. Mayor Edelcup added that issue as the forth issue 4) height for Bayshore. Public Speakers re: the above 4 issues: Henry Kay; Joseph Milton; Cliff Schulman; Roslyn Fabian; Michael Hirsh; Chris Humberstone; Stella Haltern; Kathleen Kennedy; Dominick, owner of La Fusta Restaurant Commissioner Brezin said she is in favor of the birthday cake effect, and Mayor Ede1cup said we should be going for the tall and skinny for open space, we want view corridors. Cliff Schulman commented that we are missing a very essential piece of information that says what this Ordinance is doing compared to the existing zoning entitlements of people in this City. He said that this Ordinance, whether it be llO-feet or anything less than 190- feet, is down-zoning and taking properties which are already entitled to be 190-feet and taking it down. He said the Commission has a right to do it, but you may have to pay the price of doing it, you might want to ask your staff, could you tell us in the Town Center what are the entitlements people presently have and what they will be afterwards, so you can create a balance sheet of who is losing what, because under the various laws of the State of Florida, Bert J. Harris, there is a potential, not a guarantee, that you may have to pay that price, but what you don't have before you is who has 190-feet now and who is not going to have 190-feet tomorrow. Mayor Ede1cup asked City Attorney Dannheisser to opine on Mr. Schulman's comments before second reading of this Ordinance and maybe staff will want to put something together to respond to it. Mayor Ede1cup reminded that what we are doing here is creating a vision and guidelines, we are not creating the actual buildings that are getting built. He said we are just trying to give a builder some guidelines to design a building and still come to the Commission for approval. City Attorney Dannheisser addressed the issue that Cliff Schulman raised earlier. She addressed the issue of Sunny Isles Boulevard, and she asked Mr. Vera what the current zoning is on this property would allow what height, intensity, and density? Mr. Vera said that different parcels have different zones they vary from, we still have the old zoning from Miami-Dade County, we are talking about BUl, BUIA, and maybe BU2, so basically BUIA permits up to 4-stories, and the number of units is 50% of required floor area, and so on 4-stories you may get 1.5 FAR. City Attorney Dannheisser asked Ms. Eichner, with respect to the Comprehensive Plan, the language in the Comprehensive Plan in respect to Sunny Isles Boulevard, when it talks about intensity and density, does it use Page 8 of 13 Summary Minutes: City Commission Meeting April 1, 2004 City of Sunny Isles Beach, Florida the word shall or may? City Attorney Dannheisser said she believes in this particular area it is may, and based on the zoning and the planning, she believes that the Commission would be successful in any Bert J. Harris challenge on Sunny Isles Boulevard. Cliff Schulman asked Mr. Vera, on areas other than Sunny Isles Boulevard, in the other areas that are affected by the height limitations that are set forth in this Ordinance, what are the height limitations on the area on the bayfront at the present time. Mr. Vera said that in the RMF2 is 190 right now, and Mr. Schulman asked what this Ordinance suggest it be, and anything less than 190 will be a down-zoning of those properties. Mr. Schulman asked what the height requirement on the BU2 sections within the Town Center, and Mr. Vera said it is BU3 and there is no height limitation, the entire shopping center is ~U3. Mr. Schulman said that this Ordinance deals with that, there are property owners who's property right now have unlimited heights, or 190-feet in areas of the City that you are considering lowering. City Attorney Dannheisser said that the focus of this discussion is solely Sunny Isles Boulevard. Mr. Schulman said that this Ordinance doesn't only rezone or downzone the south side of Sunny Isles Boulevard, and City Attorney Dannheisser said that is correct but their issues only relate to that. Commissioner Iglesias noted on page 21 of the Comprehensive Plan (Ordinance No. 2000-105), under Town Center it states "Where the provisions of the plan authorize land uses or development intensities different or greater than the underlying land use designations on the future land use map, the more liberal provisions of the plan shall govern when jointly adopted by affected property owners and the City." Mayor Ede1cup said to go back to the issues we need to resolve tonight: 1) Height on Sunny Isles Beach Boulevard; 2) Density on Sunny Isles Boulevard; 3) Side Setbacks on Sunny Isles Boulevard; and possibly 4) Height on Bayfront. Commissioner Thaler said that he doesn't think the bayfront has ever been mentioned as long as he has been sitting here, it has been 190 without the electrical work on top. Vice Mayor Goodman said that he can recall that they were discussing the equipment on the roof that would be invisible, Mayor Ede1cup proposed on page 14 where the asterisk appears on maximum height, that that asterisk up till tonight was only meant to cover, at this point, the south side of Sunny Isles Boulevard, and that asterisk does not apply to any of the other areas, and he thinks that is where we left it at the last Commission meeting, and that would resolve the problem here tonight, at this point accept the asterisk as being only on that one line item. Vice Mayor Goodman asked for clarification on the 190-feet, with or without the equipment, and Mayor Ede1cup said he just did, or everything other than Sunny Isles Boulevard, it includes the elevators and any electrical equipment on top and it has to be covered and camouflaged, Sunny Isles Boulevard at this point until we address height problems, it is stated as an asterisk to mean, 190 plus the mechanical to be hidden, and Vice Mayor Goodman said that would make it 21O-feet. Mayor Ede1cup said we can address that problem first or density first, and Commissioner Iglesias said to address this one first, and he proposed leaving it the way it is because thick buildings would cover more views. Commissioner Brezin said she would like to make a Page 9 of 13 Summary Minutes: City Commission Meeting April 1, 2004 City of Sunny Isles Beach. Florida motion to go no higher than 110, and Commissioner Iglesias disagreed. Commissioner Thaler preferred keeping it at the maximum of 190 without the 20-feet. Commissioner Iglesias said to leave it at 190 but allow the 20-feet, but not allow more than 20% or 30% so that there would be no view blockage and he would like to see the mechanical rooms hidden. Vice Mayor Goodman said 190-feet total, and Mayor Ede1cup said he would support the same. Vice Mayor Goodman further commented on what Joe Milton said, and he said Commissioner Iglesias brought it up too, the first two properties from Collins A venue are much smaller lots than the 400-foot lot. He said La Fusta has one acre, and his opinion is, he doesn't believe that there would be another building possibly that would entail that type of height, because he doesn't think that the person who owns the restaurant on Collins A venue and the strip mall even if they wanted to build there, it would have to be a lower building because the lot is too small; and second of all, the next largest property is the marina, and that property is actually 600-feet, and is on hold, and he doesn't understand putting one building of that nature on Sunny Isles Boulevard in that particular lot is going to affect the rest of the properties. Commissioner Brezin said that 190-feet is too tall. Commissioner Thaler moved and Vice Mayor Goodman seconded a motion to leave it at 190-feet total. The motion was approved by a roll call vote of 3-2 in favor. Vote: Commissioner Brezin no Commissioner Iglesias no Commissioner Thaler yes Vice Mayor Goodman yes Mayor Edelcup yes Ms. Eichner asked for clarification, it is 190-feet total and the asterisk is now gone, and Mayor Ede1cup said that was correct. Mayor Edelcup said on the bayfront that all but Commissioner Brezin agreed to leave it at 190-feet, and the height issues are now resolved. Mayor Edelcup said the next issue would be density on Sunny Isles Boulevard, and Commissioner Iglesias said that he would go with the Mayor's scale even though to incentive the area, the comprehensive plan says we will go with the most intense which is 80. Commissioner Thaler said he would compromise and go to 70 although he believes it should be 60, he said he would go 70, 50, 25. Vice Mayor Goodman asked what it was originally, and Mayor Ede1cup noted Chart E on page 16 ofthe Ordinance, explaining that Commissioner Thaler wants 300 feet and over, to be at 70 units per acre. Vice Mayor Goodman said he would go at 80, Mayor Ede1cup said 80, and Commissioner Brezin said 70. It was the consensus of the Commission to leave Chart E as is (3-2 in favor, Commissioners Brezin and Thaler opposed) Mayor Edelcup said the last issue would be side setbacks on Sunny Isles Boulevard, and Page 10 of 13 Summary Minutes: City Commission Meeting April 1, 2004 City of Sunny Isles Beach, Florida Commissioner Iglesias said no and make sure we go through Site Plan approval which is when the Fire Department and the Police will go and say what you can do and not do as far as permitting. Ms. Eichner said if you change the setback to 0 then you have a conflict in the guidelines which then says the tower is set back 20-feet from the pedestal but you have another provision that requires 50-feet between towers. Ms. Eichner said if the tower is set back 20-feet on either side, and Commissioner Iglesias said to make the tower setback from the property line, and Ms. Eichner said that would make it 25-feet from the pedestal, if you have a 0 setback then the tower would have to be set back 25-feet rather then 20 to get the 50-feet between the towers. Commissioner Iglesias said he prefers no alleyways, and Mayor Ede1cup said what Commissioner Iglesias is saying is no alleyway and change the tower setback to 25-feet. Commissioner Brezin clarified that it means lot line to lot line, and Ms. Eichner said yes, subject to Site Plan approval, adequacy of fire protection, police and so on. Commissioner Thaler said we have lO-feet side setbacks on everything else, why only 5-feet here, and Commissioner Iglesias said because the south side is the only thing you are going to develop. City Manager Russo said that was discussed today and felt it was totally inappropriate to be commenting on zoning, if we have site plans we will be happy to review it and give recommendations, but you are creating zoning here, we are not site planning anything, and Commissioner Iglesias said leave it for the site plan review, and City Manager Russo agreed. Mayor Ede1cup asked for a consensus on this last item: Commissioner Iglesias recommended to get to the back of the building to let it go through site plan review, but through the building because it is safer than creating an alleyway. Ms. Eichner clarified that Commissioner Iglesias is suggesting 0 on the side setback, the tower is set back 25- feet to maintain the 50-feet view corridor. Ms. Eichner said the issue was that there was a shortage of lO-feet to make up that 50-foot separation between towers, so there are several options, you can do 5-feet and 5-feet and create an alley, or you can add the five-feet and the five-feet to the setback of the tower to create your 50-feet. Mayor Ede1cup repeated the motion, no side setback, there will be 25-feet from the property side edge to the beginning of the tower so we maintain the 50-foot integrity of the view corridors between any two towers that would ever be built along the south side of Sunny Isles Boulevard, and that fire, emergency and rescue will be dealt with at Site Plan Review when a specific site is in front of us so that we can examine that particular request. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the above changes. The motion was approved by a voice vote of 5-0 in favor. City Attorney Dannheisser clarified that the Commission is going to be adopting this Ordinance with an amendment to the Chart on page 14, so that the asterisk at the bottom of the Chart pertains only to Sunny Isles Boulevard, and Mayor Ede1cup said no, that asterisk was deleted because we said 190 inclusive. She noted that the Density Chart remains the same, Bayfront remains the same, the side setbacks is at 5-feet and it is being Page 11 of 13 Summary Minutes: City Commission Meeting April 1, 2004 City of Sunny Isles Beach, Florida changed to 0 with the tower setbacks at 25-feet, and the motion we need is to approve the Ordinance as amended, as discussed. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the proposal on first reading, as amended. The motion was approved by a roll call vote of 4-1 in favor. Second reading, public hearing will be held on Thursday, May 6,2004, at 7:00 p.m. Vote: Commissioner Brezin no Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Ede1cup yes The Commission took a short break. (City Clerk's Note: At the April 15, 2004 Commission Meeting, the time was changed to 7:30 p.m. on May 6,2004) 6. RESOLUTIONS 6A. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Extending the 90-Day Deadline to Negotiate a Settlement Agreement in the Condemnation Action between the City and 18100 Collins A venue Shopping Center, Ltd; Providing 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 Dannheisser and Mayor Edelcup reported. Public Speakers: Henry Kay Mayor Ede1cup said that he, on behalf of the City Commission, City Attorney Dannheisser and City Manager Russo have been in constant negotiations with Raanan Katz regarding the Alamo property and that they have reached a tentative proposed settlement as of last night, and the time deadline was set 90-days from January 6, 2004 which would bring it to next Monday or Tuesday. He said that since the last draft was finished last night, Mr. Katz asked for a special request due to the holidays, he is going to Israel for Passover and asked that we consider extending the date by four or five additional business days to April 12 when he will be back in town. After discussion it was determined not to extend the deadline. Mayor Ede1cup said that they will instruct the City Attorney to instruct the attorney representing Mr. Katz that the agreement, if he is Page 12 of 13 Summary Minutes: City Commission Meeting April 1, 2004 City of Sunny Isles Beach, Florida planning on signing it, must be signed on or before Monday, April 5, 2004. Vice Mayor Goodman said he understands that if Mr. Katz accepts the agreement then that is the end of it but if he does not sign the agreement, then we go back to eminent domain. City Attorney Dannheisser clarified that what is coming back is not the acceptance of the agreement, the offer that was put forth by this Commission, and Mayor Ede1cup said they will either accept it or reject it. Commissioner Thaler understood that if it is not signed by the 6th it will go back to eminent domain. City Attorney Dannheisser said that this is a new agreement that he will be signing which will be brought back to the Commission, it is not the offer that was made. City Attorney Dannheisser asked if we are calling a meeting on the 6th to consider the revised agreement if there is one, and Mayor Edelcup said yes. City Attorney Dannheisser said that the Commission can also consider if he signs the revised agreement, to defer action until the regular meeting on April 15, 2004, and the Commission agreed. 7. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 7 A. Casey Gabor complained about the service trucks parked on Collins A venue blocking traffic, and Mayor Edelcup said whenever anyone sees that, to report it to the City Manager so that the Police or Code Enforcement can take care of it, because these trucks are not allowed to park on Collins A venue. 8. ADJOURNMENT Mayor Edelcup adjourned the meeting at 10: 10 p.m. Respectfully -submitted by: Approved by the City Commission on May 6, 2004 - ,~A~~ "Jm;e A. Hines, Oity Clerk Page 13 of 13