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Home My WebLink About2006 1017 Special City Commission Meeting - SUMMARY MINUTES Special City Commission Meeting Tuesday, October 17,2006,7:00 p.m. City of Sunny Isles Beach, Florida ATTENTION 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 ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 7:00 p.m., with the following officials present: Mayor Norman S. Ede1cup Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J. Thaler City Manager A. John Szerlag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager Jorge Vera Patricia SaintVil-Joseph, Deputy City Attorney 2. PLEDGE OF ALLEGIANCE Action: City Historian Richard C. Schulman led the Pledge of Allegiance to the flag. 3. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 3A. Request of Ocean Palm Development, LLC., a Limited Liability Company Authorized to Conduct Business in Florida, regarding Property Located at 15795 Collins Avenue, for the Following (Chi): (Hearing #Z2006-04) 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations the applicant is requesting a site approval for a 41-story condominium consisting of 38 dwelling units. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations the applicant is also requesting the transfer of 33,668 square feet and zero (0) units of development rights from the City's Transfer of Development Rights Bank ("Bank"). (An adjustment to be made for a decrease of33,668 sq. ft. and eighteen (18) units from the City's Transfer Development Rights Bank). Protests 0 Waivers 0 Ex Parte -L Special City Commission Meeting October 17,2006 Sunny Isles Beach, Florida Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and read the applicant's name, hearing number, location and administered the oath to the witnesses for the Zoning hearing. Assistant City Manager Jorge Vera reported. Public Speakers: Clifford Schulman, Esq.; Charles Sieger, Architect; Jill Amsten Clifford Schulman, Esq., representing the applicant reported that this project is located on the south side of Sunny Isles Beach on the east side of Collins Avenue, and is formally the Ocean Palm Development and it is now renamed Chi. He noted that there are only 38 units and each unit is 4,000 square feet. He said they have eliminated pedestal parking, the parking recessed below ground. Charles Sieger, Architect, presented renderings of the project, and noted that this is a 100-foot site. He said it is the first time you will be able to walk along the sidewalk and see through the property and see the ocean. He said that they have created a two-level subterranean garage, one extra handicapped space, provided a beach park at the rear of the property with benches and a shower, and the pool sits on the ground. He said they have created a grand plaza with a fountain that comes down the stairs and becomes the art in public places along with the sign, and the cars disappear into the two-level subterranean garage by two elevators, and noted that this is 100% valet parking. He said each unit will have a 1,200 foot backyard and the ability to have its own swimming pool and a shower area. Mr. Schulman noted that for the 33,000 square feet of additional TDRs which they are purchasing from the City, they could have built 18 more dwelling units on this site and they are not, and so when that comes out of the TDR bank, 18 units will never be used. He said as a result oftheir purchases of the required bonuses and the TDRs, the amount they will owe to the City will be $5,082,000.00 for the bonuses and the TDRs. Mr. Schulman said the beach access will include a shower and foot wash. Vice Mayor Brezin requested a drinking fountain as well, and Mr. Schulman agreed that they will provide a drinking fountain. Mr. Sieger said that the beach access is 20-feet wide and curves along the north side of the property and terminates in the beach park. Assistant City Manager Vera said the location of the beach access abuts the other beach access to the north of it which is the Trump 1, 2, 3 so there will be a 40-50 foot wide beach access there. Mayor Edelcup asked if it would be coordinated, and Mr. Schulman said they have no problem with that. Vice Mayor Brezin asked about the landscaping and Mr. Sieger presented renderings and described the landscaping noting that there is a reflecting pond that surrounds the building as it is coming down to the ground. Commissioner Thaler asked if the power goes out, how will the people get their cars, and Mr. Sieger said an emergency generator will operate that lift, which will be hydraulic, and it can also be operated manually. 2 --- -.... Special City Commission Meeting October 17, 2006 Sunny Isles Beach, Florida Commissioner Goodman asked about benches in the beach access, and Mr. Schulman said there are four benches in that area. Commissioner Goodman asked about traffic, the exit and entrance to that property is not at a traffic light, and Mr. Sieger said originally they wanted it there but DOT wants it by the Trump site, and their Traffic Consultant said they don't want it to align because it is more dangerous. Commissioner Goodman clarified that people exiting the property have to go north, and if they want to enter the property they have to go south and make a u-turn. He asked if the loading zone has a special entrance, and Mr. Sieger said the loading zone is the same entrance but turn right where it is buffered by landscaping. Commissioner Iglesias said out of the 57 parking spaces, six of them are on lifts, and Mr. Sieger said that is correct. He asked if they have enough space to build this project, and Mr. Sieger said yes, the rear of the building will be used for the primary staging. Mayor Ede1cup said that anytime we can get a project that utilizes a 1 OO-foot lot and comes up with less than the allowed number of units has to be a plus. He said it is a very luxurious addition to our City and a unique building that will make the City proud. City Attorney Ottinot noted for the record that there were some conditions added that the developer agreed to: a drinking fountain in the beach access, and to coordinate the beach access with the Trump's beach access. Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion for approval as amended, subject to staff conditions. Resolution No. 06-Z-103 was approved by a roll call vote of 5-0 in favor. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin ~ Mayor Edelcup m 3B. Request of Sunny Isles Resort Development, LLLP., Owner ofthe Property Located at 17475 Collins Avenue, for the Following: (Hearing #Z2006-08) 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting a site approval for 32 stories, 107 unit condominium. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting the transfer of 51,749 square feet and 25 units development rights from the City's Transfer of Development Rights Bank ("Bank"). (An adjustment to be made for a decrease of 51,749 square feet and twenty eight (28) dwelling units from the City's Transfer Development Rights Bank). 3. Pursuant to Section 265-35 (D) (8) of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting a waiver ofthe Beach Access Easement requirement under the Land Development Regulations. 3 Special City Commission Meeting October 17,2006 Sunny Isles Beach, Florida 4. Pursuant to Section 265-46 (A) (4) of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting to permit 38% tandem parking, other than handicapped parking (20% tandem parking permitted). 5. The applicant is requesting a variance from Section 265-35D(4)(c)[2][b] ofthe City of Sunny Isles Beach Land Development Regulations permitting the pedestal to be setback to zero (0'- 0") feet on the north side (12' -0") feet is required. Protests 1 Waivers 0 Ex Parte ~ Action: Clifford Schulman, Esq., representing the applicant, asked for deferral of this item to the November 16,2006 City Commission Meeting. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to defer this item to November 16,2006. 4. RESOLUTIONS 4A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Acceptance of the Appraised Land Value of $17,250,000.00 for the Property Located at 15795 Collins Avenue AlK/A Ocean Palm Motel, Inc.; Providing for the Acceptance and Payment by the Applicant in the Amount of $3,749,268.00 for the Transfer of Development Rights ("TDRs") in the Amount of33,668 Square Feet of Floor Area and Zero (0) Dwelling Units; Providing for Ten Percent (10%) Deposit for TDRs; Providing for Adjustment of the Balance of TDRs from the City's Bank to Reflect a Decrease of 33,668 Square Feet and 18 Units; Providing the City Manager 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 Assistant City Manager Jorge Vera reported. Public Speakers: None Mayor Ede1cup noted that this is about $111.00 a square foot for the additional TDRs. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-992 was adopted by a voice vote of 5-0 in favor. 4B. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Providing for the Acceptance of the Appraised Land Value of$22,700,000.00 for the Property Located at 17475 Collins Avenue AlK/A Sunny Isles Resort Developers, LLLP.; Providing for the Acceptance and Payment by the Applicant in the Amount of $6,81 0, 168.00 for the Transfer of Development Rights ("TDRs") in the Amount of 51 ,749 Square Feet of Floor Area and 25 Dwelling Units; Providing for Ten Percent (10%) Deposit For TDRs; Providing for Adjustment of the Balance ofTDRs from the City's Bank to Reflect a Decrease of51,749 4 Special City Commission Meeting October 17,2006 Sunny Isles Beach, Florida Square Feet of Floor Area and 28 Dwelling Units; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Clifford Schulman, Esq., representing the applicant, asked for deferral ofthis item to the November 16, 2006 City Commission Meeting. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to defer this item to November 16,2006. 5. ADJOURNMENT May~r Edelcup adjourned the meeting at 7:36 p.m. . . , . . Respe~tfully SU9ln.itted by: , ~'~ ;Ll...- Jane A. Hines, ~~, CIty Clerk ( . Approved by the City Commission on Nov. 16,2006 5