HomeMy WebLinkAbout2004 0302 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Tuesday, March 2, 2004, 7:00 p.m.
City of Sunny Isles Beach, Florida
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AGENDA
1. CALL TO ORDERlROLL CALL OF MEMBERS
The meeting was called to order by Mayor Ede1cup 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
Action: Vice Mayor Goodman led the Pledge of Allegiance to the flag.
Mayor Ede1cup gave opening remarks noting that there is only one item on the agenda
tonight, which is first reading of a proposed Ordinance that will encompass all of the
Town Center, and if we are able to move smoothly through it, we would move on to a
second reading. He stated that if there are a number of open issues after the first reading,
we may decide that it may be advantageous to have another workshop, but it all depends
on what we are able to accomplish here tonight. He noted that we have been taking all of
these items on a piecemeal basis as we went through a litany of criteria for the Town
Center and now we have taken all the pieces and assembled them into one document, and
in the process of doing that, there are some changes to what has been proposed, even in
the Ordinance that we are looking at tonight. He said that it is mainly a meeting for the
professionals to see if we have got something in place and noted that he wants some
feedback from the public but reminded everyone that this is just first reading, and
perhaps there will be a workshop, and then it will go to second reading.
Summary Minutes: City Commission Meeting
March 2, 2004
City of Sunny Isles Beach. Florida
3. ORDINANCES FOR FIRST READING
Sitting in as the Local Planning Agency and the City Commission, to Consider an
Ordinance Amending the Land Development Regulations (LDRs)
3A.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida,
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 Effecti ve Date.
Action: City Clerk Hines read the title, and Mayor Edelcup reported.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Thaler seconded the motion. LPA
Resolution No. 2004-15 was adopted by a voice vote of 5-0 in favor.
3A.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's Note: A revised Ordinance was distributed at the meeting.] City
Clerk Hines read the title, and Shelley Eichner, AICP, Planning Consultant, and Planning
and Zoning Administrator J orge Vera reported.
Public Speakers: Joe Milton; Joe Cook, Esq.; Cliff Schulman, Esq.; Henry Kay; Chris
Humberstone; Mary Ann Eicke
Shelley Eichner, AICP, Planning Consultant, noted that a revised Ordinance was
distributed and that some of the changes were to add legal clarity to the document, to put
things in the proper sections, and other changes are substantive in nature such as setbacks,
FARs, etc. Ms. Eichner proceeded to go through each of the changes in the Ordinance:
· Page 3: Ms. Eichner stated that Apartment Hotels was added as a prohibited use.
Commissioner Brezin asked for clarification of the statement: "All uses, if not
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prohibited below or specifically permitted above but which can be construed to be
allowed under these permitted uses, shall be deemed permitted." Planning and
Zoning Administrator Vera explained that there are a lot of uses especially under
the commercial services that are not included here and we don't want to say these
are the only uses permitted because there could be other uses, and this would
cover anything that we left out that could be permitted under the BUl, BUIA, not
listed here. Mr. Vera said that it could be made clearer by putting in the uses
that are currently under the BU1, BU1A, and Commissioner Brezin
requested that he put in a statement clarifying this. Commissioner Thaler
noted that Government Uses was added under Permitted Uses, and Mayor Edelcup
clarified that Apartment Hotels are Condo Hotels.
· Page 4: Ms. Eichner said that the definition of Floor Area Ratio has been stricken
through as it is in another section of the Code in the overall general definitions.
Item 2) the intent all along was for the word Base Floor Area Ratio not Maximum
because we have our base and then we have bonuses. Ms. Eichner noted that the
numbers have remained the same. Mayor Edelcup noted that there is a typo
there, it should say "...parcel width of 400 feet or greater...". Ms. Eichner
said in terms of an FAR bonus of .5 for developments that provide enclosed
parking, originally it was 75% or more of the required parking is enclosed, it was
changed to 100% and the fagade will be incorporated into the garage so that it
looks like the front of a building, and you can't tell that it is a garage. It will all
come before the Commission as Site Plan Review.
· Page 5: Ms. Eichner noted that on top of page 5, in terms of the public plaza area,
the minimum has been increased from 1,500 square feet to 2,500 square feet, in
order for people to be eligible. Anything over and above 2,500 square feet, is a
calculation to get a bonus.
· Page 6: Ms. Eichner said in terms of Site Assembly Bonus, there is a bonus for
parcels that are over three acres in area, but this bonus provision excludes Sunny
Isles Beach on the South Edge and Center Sub District area. Ms. Eichner noted
that there are some other provisions later on whereby they can receive additional
bonuses based on their lot size, so it would be kind of double-dipping if we gave
them a bonus for three acres or more and larger parcels to begin with.
Ms. Eichner said in terms of Public Land Enhancement Bonus, this item was
discussed in the past and is new in this draft from the December draft, the whole
concept and some additional language has been added in that will clarify it and tie
it to the TDR Ordinance (Ord. No. 2004-193 adopted on February 19,2004), so
that there is no confusion as to the public land enhancement bonus that would be
available for those who choose to use it to dedicate land to the City and upon
acceptance by the City Commission, with improvements or money to make those
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improvements, as separate from the TDR Ordinance where there was land fronting
on Sunny Isles Boulevard where they could get additional bonuses and TDRs for
dedicating land. Ms. Eichner said that they are similar concepts but they are a
little bit distinct in this Ordinance and the changes clarified that distinction
between the two.
Ms. Eichner said in terms of Mixed Use Bonus, instead of requiring retail on the
first floor, it is in the form of a bonus. If in a multi-family building, the developer
builds retail on the first floor, they would get a bonus for doing so, with the
understanding that they get approvals and additional FAR bonus for doing retail
on the first floor. If the retail doesn't work out, then that area cannot be converted
to residential, it would have to be lobby area, because they used the retail
component to get the FAR and the density, and if it doesn't go in, they can't turn
around and change their minds. Ms. Eichner further explained that we are
establishing the bonus for retail on the first floor, and we are also putting very
specifically in the Ordinance, to put everyone on notice if you use this bonus to get
extra FAR and you bring in a site plan that shows retail and then after you build, a
developer changes their mind, that they can only have retail because they used it as
a way to get the extra FAR as a bonus.
· Page 8: Ms. Eichner stated that this is putting in some of the actual zoning criteria,
and that there are references specifically saying to refer to the summary charts for
added clarity. In terms of lot coverage, one of the changes made as a result of the
workshops, where the Lot Coverage is 80% throughout Town Center, it increases
to 90% for Sunny Isles Boulevard South Edge. Minimum Setbacks shall be 10-
feet for the pedestal and all the others are shown in the Chart. Minimum Lot Size
is 10,000 square feet, and added Minimum Lot Width 100 feet, and again referring
to subsequent Charts as far as for additional details. Height Restrictions are also
listed in the Chart. Landscaped Open Space if you have 90% lot coverage you
have to have 10% open space, if you have 80% lot coverage you need to have 20%
open space, we clarified how the two work in tandem with each other.
Commissioner Thaler feels that 80% is substantial to go through there, and
believes that the whole thing should be 80% and not 90%, Commissioner Brezin
agreed, Commissioner Iglesias disagreed, and Ms. Eichner clarified that this is a
maximum.
· Page 9: Tower Separation and Tower Width: Mayor Ede1cup noted that we also
need criteria for setbacks for the towers. Ms. Eichner said that is a whole new
concept because on the other Charts we had setbacks for the front setback which
referred to the pedestal, the tower setback, and the penthouse setback, and the idea
was that it created the birthday cake look, and as a result of those setbacks, it sort
of negated the need for separation between towers because it was built into the
setbacks of the amenities. Ms. Eichner said that we need one or the other but not
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both, so we can go to a more traditional tower separation concept. Mayor Edelcup
said so it is clearer, we may need to rework it to ensure that there is no long wide
wall, and the best way to show that is to show tower separation. Commissioner
Iglesias would like to see at least 50-feet in between all towers. Mayor
Edelcup said that we need to do the same thing for the front and back
setback on a tower. It was determined that there shall be a minimum of 50-
feet between towers.
· Page 12: Summary Chart A. Town Center Sub-District: Setbacks & Amenities by
Street Type: City Attorney Dannheisser asked about Sub-Districts and asked if
that includes the south edge and everything on Sunny Isles Boulevard, and Ms.
Eichner said it includes everything except Summary Charts A & B refers to all of
Town Center and Summary Charts C & D goes to that Center Portion of Sunny
Isles Boulevard. Mayor Edelcup said that when we go to the final Ordinance
we should have the text, charts, and graphics. Discussion continued on the
Charts and Ms. Eichner noted that the pedestal is the front setback, the tower is
20-feet in on all four sides from the edge of the pedestal which is already 25-feet
from the front, so the tower will begin 45 feet and the penthouse would be yet
another 20-feet which is in essence 65-feet from the front setback, and the same
too on the sides which is 10-feet, another 20-feet for the tower and then the tower
will be 30-feet from property edge and the penthouse another 20-feet which is in
essence 50-feet from the edge. Mayor Edelcup said that when it is all said and
done, that there is at least 50-feet in between towers and that has to be the
guiding thing. Commissioner Brezin asked for a rendering of that showing
the pedestal and the setbacks, both sides, front, and back. Ms. Eichner said
that the Commission would have that for each of those types, including a graphic,
charts, and text. Regardless of what the lot width is, you will always have the side
setbacks which is if there is a 25-foot setback on each property, that is 50-feet.
Commissioner Iglesias discussed Sunny Isles Boulevard on Chart A saying he
does not have a problem with the 15-feet front setback but on Chart B he would
like the Tower to setback lO-feet, not 20-feet. Commissioner Brezin asked for
clarification, and Ms. Eichner said that right now on the south side of Sunny Isles
Boulevard, from the street and sidewalk, for instance the reconfiguration of Sunny
Isles Boulevard, which is 14-feet, 16-feet from the curb, from the property line and
15-feet to the pedestal, from the edge of the pedestal to where the tower starts, is
what this discussion is about, if it is lO-feet or 20-feet. Commissioner Thaler
asked if you move it to lO-feet, do they get 10 more feet in the back, and Ms.
Eichner said yes because the rear setback is lO-feet, so lO-feet from the rear
property line to the base of the pedestal, and then it would be another lO-feet
where the tower begins, which in essence is 20-feet from the rear property line, in
the front, because you are starting off with 15 feet, the tower would begin at 35-
feet from property line. After discussion it was the consensus to leave it at 20
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for now, and discuss it at second reading. Ms. Eichner said she would
prepare graphics that show the 10-feet versus the 20-feet setback.
Ms. Eichner pointed out another item that was an add-on on Chart B that also
appears later on in the Architectural Guidelines, which was enclosed mechanical
equipment maximum 20-feet above maximum height, and we added in the
Architectural Guidelines whereby they would have to be enclosed in a decorative
manner approved as part of the site plan by the City Commission. She noted that
the concepts for Charts C and D are the same as Charts A and B for the center
portion.
· Page 14: Summary Chart E: Ms. Eichner said that this is a new Chart that was
added summarizing the parameters lot width in the Sunny Isles Boulevard, South
Edge and Sunny Isles Center Sub-District (on both sides of Sunny Isles
Boulevard), and is dealing strictly with FAR and Density criteria. Ms. Eichner
said that density and base floor area ratio are determined based on the lot width
and there are four basic categories: 100-199 feet; 200-299 feet; 300-399 feet; and
400 feet and over. She noted that where we were before this chart was for the
south side of Sunny Isles Beach Boulevard, there was a distinction between
properties that were less than 400-feet and greater than 400-feet. She said for
instance on the base FAR less than 400-feet was a 2.5, if greater than 400-feet it
was 3.5. She noted that these items stayed about the same but that there is now a
breakdown based on lot width. Commissioner Iglesias said that he would propose
to give everyone a 2.5 and given 80-units per acre and if they want a bigger FAR
let them go to the bonus, because we had 80 before. Planning and Zoning
Administrator Vera explained that staff have changed the numbers as
follows: 100-149 feet; 150-299 feet; 300-399 feet; and 400 feet and over. He
further explained that the lot width on the 100-149 is density 25 units per acre and
1.5 FAR for the smaller lots; 150-299 feet we have 50 units per acre at 2.0 FAR
for the middle sized lots; 300-399 feet we have 70 units per acre at 2.5 FAR, and
400-feet and above 80 units per acre at 3.5 FAR. Vice Mayor Goodman asked if
the lots on the north side of Sunny Isles Boulevard coming east, are bigger lots?
Mr. Vera said that the depth is about 200-feet, some are less, and on the north side
you have a maximum of 50-feet of height. Commissioner Thaler didn't see the
rationale to go from 70 units to 80 units because of one foot, and said he feels it
should be 60 units across the board that we don't need the density, and
Commissioner Iglesias said he would like it to be 80 units across the board, and
Mayor Edelcup said that this is a compromise. Discussion was held regarding
traffic. The consensus was to leave the Chart the way it is with Staff's new
changes for now.
· Ms. Eichner said that the balance that remains in the Ordinance really hasn't
changed, it deals with Architectural Standards, and we broke it out into
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City of Sunny Isles Beach, Florida
requirements versus recommendations.
Mayor Edelcup opened for Public Discussion, and several citizens spoke and gave
their views and suggestions.
Joe Cook, Esq., said that one of their affiliates owns the I-Hop, the bank building, and the
parking lot right next door to the Doll House and noted that he likes basically what was
done, but he noted that on parking it is difficult to get 100% of parking in there to get that
bonus, so if that could be shrunk back a little, and encouraged not to have 100% on the
parking bonus that you get for having a fully enclosed parking garage or for having all of
your parking in that parking garage. Mr. Cook said he was confused on the discussion
regarding the pedestals and setbacks, the width of the property is 200-feet, and he didn't
know from that discussion what the setback was and Mayor Ede1cup said 25-feet on each
side, he didn't know what the size ofthe building would be. Mr. Cook said on the public
dedication, he thinks how the incentives were created on the north side of the street, they
own property there and discussed previously whether they would dedicate and transfer
that property, but the way that the City has currently placed it in the density put on it, it
doesn't make any sense for them to transfer it, and when Jorge Vera said that the City
would be interested in having public space in there for park space, and they would be
willing to do something like that, if there were a greater incentive in terms of density for
them doing that, and in the prior version, the City had a higher density, and he is not
advocating a higher density for across the street but for someone who would transfer the
property, Mayor Ede1cup said it is still in there under E, and Mr. Cook said yes but it is
only 11 units, and it doesn't make economically sense to do it at 11, and that the more
important thing is the density not the FAR. Vice Mayor Goodman asked Mr. Cook how
big the property he is talking about, and Mr. Cook said 360 feet x 200 feet. Vice Mayor
Goodman asked what he was willing to donate to the City, and Mr. Cook said it is across
the street on the north side and that lot is 100 x 200. Commissioner Brezin asked Mr.
Cook if he is advocating to have it at 80, and Mr. Cook said it is 70 now and on the south
side they would prefer it be 80, and on the north side if they have the right incentives,
rather then build a 50-story building, they would rather take the density and give the City
the lot for public space.
Clifford Schulman, Esq. noted that today he recei ved a revised Ordinance with a number
of changes, and it is substantially different than what was distributed last Thursday, and
suggested that this really is not first reading, it is more like a workshop. He pointed out
that the Chart is different on page 13, that the property with Collins A venue frontage, that
at the last workshop it was discussed 40-feet going back to 8-stories, 4-stories to 8-
stories, 15-stories, and today, this Ordinance has substantially changed even from the
workshop. He said,that the Collins edge maximum height is 5-stories for the first 130-
feet, and then 100 feet and is 5-stories and then lO-stories, and that presently the
properties that are farther back than 130-feet, are presently zoned for 190 feet. Mayor
Edelcup commented that there is a scrivener's error there because we have never
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City of Sunny Isles Beach, Florida
changed the concept from the last workshop and said it needs to be corrected
because they had all agreed that it should be 4-story, 8-story, 15-story on Collins
A venue and that needs to be corrected.
Henry Kay asked if the bonuses are cumulative and Ms. Eichner said that some are and
some are not. She noted that all areas of Town Center are controlled because there are
setback and height restrictions, which is unlike what you have in the MU-R District
where there is no height restrictions. Ms. Eichner said that we are trying to create a
group of bonuses that will assist a developer and encourage them to do some design
criteria that are desirable for Town Center.
Mayor Ede1cup suggested that since there were so many last minute changes to the
Ordinance, that tonight's meeting shall be considered a Workshop and that the First
reading, public hearing will be held on Thursday, April 1, 2004, at 7:00 p.m. Mayor
Edelcup asked that the next agenda be distributed two weeks before the meeting
(March 18, 2004). Mr. Vera asked for clarification on the density of Sunny Isles
Boulevard, and Mayor Ede1cup said to leave the chart the way it is for now, with staff's
changes. Mr. Vera also asked about the width of the building, and Mayor Ede1cup said a
50-foot space between the buildings, 25-feet on either end, and to make sure no building is
wider than 200-feet, and he wanted to put in a maximum width of 200-feet of the tower
itself.
4. ADJOURNMENT
Commissioner Iglesias moved and Commissioner Brezin seconded a motion to adjourn
the meeting, and Mayor Edelcup adjourned it at 9:02 p.m.
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Approved by the City Commission on April 1, 2004
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