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HomeMy WebLinkAbout2011-1222 Special City Commission Meeting SUMMARY MINUTES Special Cit)' Commission Meeting Thursday, December 22, 2011, 5:00 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES 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 Edeleup at 5:00 p.m. with the following officials present: Mayor Norman S. Edeleup Vice Mayor Lewis J. Thaler Commissioner Isaac Aelion Commissioner Jeanette Gatto Commissioner George "Bud" Scholl (via Conference Call/out of State) City Manager Alan J. Cohen City Attorney Hans Gttinot City Clerk Jane A. Hines, CMC Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Former Commissioner Gerry Goodman led the Pledge of Allegiance to the flag, and Rabbi Kaeller gave the invocation. Mayor Edelcup gave opening remarks of decorum, and noted that documents for Item 3A and add-on Item 4A.l were distributed prior to the meeting. Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. 3. RESOLUTIONS 3A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida" Awarding RFP No. 11-10-01 to and Approving an Agreement with USA Shade & Fabric Structures, Inc. for the Design, Permitting, and Installation ofthe Playground Canopies at Heritage Park and Golden Shores Park, in an Amount Not to Exceed $334,623.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providirig for an Effective Date. Action: [City Clerk's Note: The documents were distributed prior to the meeting.} City Clerk Hines read the title and Public Works Director Gio Batista reported. Public Speakers: None Commissioner Aelion asked if both canopies are the same color, and Mr. Batista said the colors have not been selected, however in the concept drawings they used the color that we currently have in the Parle City Manager Cohen said it is our intention for the Heritage Park canopies to stick with the motif that we started using on the stage area canopies, and the color of the canopies for Golden Shores Park is up for discussion. Vice Mayor Thaler noted Summary Minutes: Special City COl11mission Meeting December 22. 20 II Sunny Isles Beach, Florida that there are 13 colors that can be chosen but our colors throughout the Parks have been blue and green. Commissioner Aelion asked if the canopies can be removed during an emergency ie. hurricane, and Mr. Batista said they are fully removable. Vice Mayor Thaler asked about the additional $8,600, is this for the swings at Heritage Park, and Mr. Batista said yes, the swings in the large playground area. We had that discussion with the vendor, at $8,600 they will cover that portion which was excluded in their original proposal. Mayor Edelcup said the main thing is that it is free standing, it is not attached, and City Manager Cohen said yes, completely free standing. Commissioner Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1830 was adopted by a voice vote of 5-0 in favor. 4. ZONING - ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 4A. Request of The Mansions at Acqualina, Owner of the Property Located at 17749 Collins Avenue, for the Following: (Hearing #Z20 11-06) The Applicant is requesting approval of a site plan for a 46-story, 79-unit condominium building with 426,663 square feet and a waiver for the required beach access easement. The Applicant is also requesting Transfer of Development Rights (TORs) in the amount of 25,000 square feet of floor area. 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval for a 46-story building with 79 condominium units. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting to transfer 25,000 square feet of development rights and 9 units. An adjustment to be made for a decrease of25,000 square feet and 9 units from the City's Transfer of Development Rights Bank. 3. Pursuant to Section 265-35(0)(8) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a waiver of the required beach access easement. Protests o Waivers o Ex Parte o Action: [City Clerk's Note: This item was heard together with Item 4A.l.] Mayor Edelcup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to the witnesses for the Zoning hearing. City Planner Claudia Hasbun reported recommending approval for this project. Public Speakers: Clifford Schulman, Esq.; Stephanie Trump; Stuart Cohen, Architect; Clifford Schulman, Esq. representing The Mansions at Acqualina introduced Stephanie Trump who noted that Jules Trump could not be here tonight as he is on his way to Israel. She said that they came here in 1980 and purchased an Island which became Williams Island, and they also built Acqualina Ocean Residences and Resort on 4.5 acres of oceanfront 2 Summary Minutes: Special City COl11mission Meeting December 22, 20 II Sunny Isles Beach, Florida property, which has earned the AAA Five-Diamond Award for 2011 and 2010, and several other awards. They decided to acquire more property so they would be able to take the Acqualina brand to a new level. In this regard they purchased the propeli)' formerly known as LaPlaya which initially presented many challenges and took many years to overcome. She said that Jules Trump has labeled this project as the finest building in the world. They anticipate the construction costs to be in the $250 Million range, with the minimum sized units of 4,557 square feet and the ultimate penthouse units at 16,000 square feet. Sales will range from $4.5 Million to $40 Million for the ultimate penthouse. She described the units that will include a fireplace, outdoor kitchen and barbeque, and individual baleony hot tubs. The sales trailers are already on site and nearing completion, after which they will be ready to create, build and sell the product that will make Sunny Isles Beach proud. She commended the City for encouraging development in these very challenging economic times. I I I Clifford Schulman introduced Joe Silver, General Counsel & Senior Vice President for Trump Holdings Ltd, Inc., Rick Chikwood, Project Manager, Stuart Cohen of Cohen, Freedman, Encinosa & Assoc., Architects who have done the Grand Bay Hotel, the Aliqua in A ventura, the Tiffany and the Bellini in Bal Harbour, and Peninsulas I and II located in A ventura. This is a project with no variances, they are building 34 units less than they are permitted to do under the City Code or 30% less density. He said to keep in mind when the TORs say x amount of square feet and nine units, they are not using the nine units, that is just an increase in the square footage but they have to be deducted from the TOR Bank. The project will have 34% more open space then what is required by Code, with a tower width of 100 feet when in point of fact you can have towers of 250 feet. The minimum unit size is 4,500 going up to 16,000 square feet but based on potential pricing of these units, and Stephanie Trump gave the construction cost, the tax base, they believe this project will sell out at $383 Million. They are buying TORs from the City at a cost of$I.6 Million, and they are paying for bonuses in an amount of$5.2 Million, which is approximately $6.8 Million. They are going to mitigate for the waiver of beach access which has been recommended by staff for safety reasons by donating to the City $10,000 for its Jazz Festival, and $10,000 to the Educational Foundation for the Norman S. Edelcup Sunny Isles Beach K-8. They have agreed to decoratively pave in front of their project in accordance with the City's Streetscape Plan, and they are also going to pave in front of the Pinnacle and in front of the Acqualina, which is approximately 1,200 lineal feet of decorative paving. They are also going to put in a shower and a foot bath at the end of the beach access on the north side of the Acqualina project. They have also agreed to landscape and maintain a 17.5-foot area on the south side of their building primarily for emergency ingress and egress for the City. Architect Stuart Cohen of Cohen, Freedman, Encinosa & Associates, Architects, P.A., presented a 3-D model and renderings of the project. He said it is a 48-story tower situated on 2.25 acres of land, the tower itself will have a height of 642 feet, seven (7) penthouse floors at the top of the building, 38 floors of typical apartment floors with two (2) units per floor for a total of 79 units. All the parking will be contained on the ground level with 119 parking spaces which is 1.5 cars per unit, there will be six (6) at the entrance podium. The first floor is all lobby area, public space, and he noted that Landscape Architect Joe Gordon is here for any questions. The second floor is the amenities area which is still being designed but with a health club, etc, and the finest offacilities for this type of building. The third floor is the first 3 Summary Minutes: Special City Commission Meeting December 22, 201 J Sunny Isles Beach, Florida level of apartments, of 48 stories. Clifford Schulman showed a rendering of how this building will fit in with the adjoining buildings, noting the difference in the width ofthe building (100- feet) and the light and air compared to the Pinnacle and the Acqualina which are both approximately 250 feet wide. Commissioner Aelion said when Acqualina was being built apparently the amount of initial pile was not allowed to be set as a function of time due to time schedules and they were under pressure, and the building started to be erected, the building continued to settle, it finally settled and there was a scare that was brought to light when Hurricane Wilma hit us, the building had the least amount of damage and so it was very well built but his point being that care has to be taken not to rush the process for the settling of the base of the building. Mr. Cohen said he understands, and they have no intention of rushing anything. The piling in this case is going down close to 200 feet, and they are going to try to do everything to prevent settlement. He explained that settlement is a product of the soil that you are sitting on and unfortunately a lot of these buildings have three and four inches of settlement. Commissioner Aelion said this was like 17 inches and it continued down. Clifford Schulman said for the record that the Acqualina was designed by Robert Swedlow and as Stuart Cohen indicated, all buildings are designed to settle here in South Florida and there is a settlement threshold. The thing that we don't want to have happen is differential settlement when something on one side settles more than the other side, and so they are designed to settle uniformly to maintain structural integrity. He said just to be clear, the building was inspected by numerous engineers and declared to be totally and 100% safe. I --i I Mayor Edelcup said we are very proud to have hopefully the most expensive apartments in all South Florida, he has not heard of a property going for over $40 Million down here. Perhaps we will have another first for Sunny Isles Beach and we will look forward to that opportunity. He said he did a quick caleulation and it does do wonders for our tax base, based on our CUlTent millage rate it will bring in over $1 Million a year in additional revenue to the City. It is a wonderful project, and we appreciate the effOlis by Stephanie and Jules Trump and their faith in the City of Sunny Isles Beach to have such wonderful property in our City. Vice Mayor Thaler moved and Commissioner Aelion seconded a motion for approval, subject to staff conditions. Resolution No. ll-Z-124 was adopted by a roll call vote of 5- o in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edeleup yes 4 Summary Minutes: Special City Commission Meeting December 22, 201 I Sunny Isles Beach, Florida 4A.l Add-On TDR Resolution: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Transfer of Development Rights ("TDRs") in the Amount of25,000 Square Feet of Floor Area and 9 Units to LPLA Partners, LP for the Property Located at 17749 Collins Avenue from the City's TDR Bank Account; Directing the Zoning Administrator or Designee to Transfer the TORs from the City's Bank Account in Accordance with Zoning Resolution ll-Z-124; Authorizing the Adjustment and Modification ofthe City's TDR Bank; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: The documents were distributed prior to the meeting. This Item was heard together with Item 4A.} City Clerk Hines read the title and City Planner Claudia Hasbun reported. Public Speakers: Clifford Schulman, Esq.; Stephanie Trump; Stuart Cohen Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1831 was adopted by a voice vote of 5-0 in favor. 5. ADJOURNMENT Mayor Edelcup adjourned the meeting at 5:30 p.m. ~ .' .Respectfully submitted by: :" .~\ '~;A . Jane A. Hines, CMC, City Clerk ~ .... :\ ~ i ,. . " .. ",' " ) t ~ .. _J 5 Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 1/19/2012 RE: Summary Minutes for the December 22, 2011 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the December 22, 2011 Special City Commission Meeting. REASONS: N/A A TT ACHMENTS: . Summary Minutes Agenda Item .3 B Date I -19 - \ 2. http://sibagenda.si bfl. netl agenda/Previ ew. asp x ?I temID=6 77 &MeetingID