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HomeMy WebLinkAbout2012-0301 Special Commission MeetingSUMMARY MINUTES Special City Commission Meeting Thursday, March 1,2012,6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW IlEOUIRES 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 INFOllMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Commissioner Isaac Aelion Commissioner Jeanette Gatto Commissioner George "Bud" Scholl City Manager Alan J. Cohen City Attorney Hans Ottinot Asst City Manager/Finance Minai Shah Asst City Clerk Mauricio Betancur 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Vice Mayor Thaler led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Edelcup gave opening remarks of decorum. Mayor Edelcup noted an Add-on to the agenda, Item 4G expressing opposition to the closing of the Fire Station in Eastern Shores. Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the above change to the agenda. The motion was approved by a voicc yote of 5-0 in favor. 3. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 3A. Request of Chateau Beach, Owncr ofthe Property Located at 17475 Collins Avenue, for the Following: (Hearing #Z2012-02) The Applicant is requesting approval of a site plan for a 35-story, 84-unit condominium building with 271,456 square feet. The Applicant is also requesting Transfer of Development Rights (TORs) in the amount of 62,644 square feet of floor area from private TOR Bank Accounts. The Applicant is also seeking a waiver for the required beach access easement, approval of three variances concerning building width, garage and tower side setbacks, and approval of the use of mural and graphics on temporary construction fencing. I. 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 35-story building with 84 condominium units. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting to approve the utilization of private TORs in the amountof62,644 square feet of development rights and 32 dwelling units. The private TORs are from Abus Summary Minutes: Special City Commission Meeting March 1,2012 Sunny Isles Beach, Florida Sunny Isles, LLC in the amount of 40,000 square feet and 20 dwelling units; Chateau Beach, LLC in the amount of20,000 square feet and 10 dwelling units; and, Jerry's Famous Deli, Inc. in the amount of 2,644 square feet and 2 dwelling units. 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 for property adjacent to parks. 4. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance of Section 265-35.0(6) to permit a building width of 73% of the width of the property (73 feet), where a maximum of 60% is allowed. 5. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance of Section 265-35.0(4) to permit 3 feet to 5 feet setback for the garage where 20 feet setback is required. 6. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance of Section 265-35.0(4) to permit 2 feet and 1 inch setback for the south garage and tower side setback, where there is a 5' -0" side setback requirement. 7. Pursuant to Section 265-63.3 (G) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the use of graphics and murals on temporary construction fencing. (Continued from 2/16/12) Protests Waivers o Ex Parte 5 Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum and Assistant City Clerk Betancur read a disclaimer for the Zoning hearing, and administered the oath to witnesses. City Attorney Ottinot asked if the Commission had any Ex Parte communication to disclose, and Mayor Edelcup said he had Ex Parte communication with some of the property owners in and around this property. Commissioner Aelion disclosed he had Ex Parte communication with Raanan Katz, Gil Dezer, Joe Milton, received letters from the Concerned Citizens as to the matter, and spoke to Harvey Busch who is the Chair to the City Advisory Committee. Commissioner Gatto said she also had communication with Joe Milton and the City Advisory Committee. Commissioner Scholl said he had communication with Joe Milton and Kobi Karp before they actually made the application. Vice Mayor Thaler said he had communication with Joe Milton and the City Advisory Committee. City Planner Claudia Hasbun reported noting that staff finds the Application generally consistent with the Land Development Regulations and the City's Comprehensive Plan, and at this time the City has no objections to the Applicant's request. Public Speakers: Clifford Schulman, Esq.; Kobi Karp, Architect; Warren Stamm, Esq.; Tony LoCastro; Former Commissioner Danny Iglesias; Elayne Mangad; Bob Welsh; Joseph Milton; Edgardo Defortuna; Sergio Pimtos; Marvin Zubisky; Guillermo Frente; James Mewdlik; Harvey Busch; Sylvi Suied; Jason Starkman; Cassey Gabor; Raanan Katz; Former Commissioner Gerry Goodman; Jorge Gandelman 2 Summary Minutes: Special City Commission Meeting March 1,20]2 SUllny Isles Beach, Florida Clifford Schulman, Esq. representing The Mansions at Acqualina reported that the site is one acre in size but its dimensions are 100 feet on the frontage of Collins A venue, and approximately 455 feet at the back, an A-type site, and adjacent to the Samson Oceanfront Park. It is unique in that they are probably the only parcel of property that on their south they have unobstructed views for eternity and that gives them tremendous opportunities not only to use those views but to contribute to the functioning of the Park, the look of the Park, and really take from the Park some very good things and even make them better. This lot was plotted many years ago, and under the Zoning Code it is grandfathered in for certain requirements such as lot size. Because it is such a small lot there are certain necessities in order to develop anything viable and economically feasible. Mr. Schulman said they are requesting a site plan approval for an 84-unit building and the site can have 104 units, it is a 35-story structure, and it is approximately 470 feet high when the law would allow it to be 649 feet high. They are asking for approval of the use of62,644 units of TORs which are private, a waiver of beach access, the building width is 73% where 60% is permitted, they need a 3 to 5-foot setback and they will show on their north boundary where 20 feet would otherwise be required. When they had originally filed this application they asked for a zero setback to the north and they did that for a reason, in 2006 this Commission approved a project called The Park Place that was basically a zero setback on the north. But after consultation with neighbors and staff, they pulled that back so they have a minimum of3 feet setback and it widens out to 5 feet in certain locations. When that site plan was approved in 2006, our neighbor to the north filed a No Objection Letter with the City, and so they didn't think it would be a problem. Mr. Schulman said they arc also asking for the use of available Bonuses, those Bonuses will give to the City $3.15 Million, they need a 2-footl-inch setback on the south where 5 feet would be required, the building width is 73% vs. 60%, and approval for the murals and graphics. They will also show that their tower, which could be 75 feet li'om Collins Avenue, instead is 133 feet ii'OI11 Collins A venue. The porte-cochere could also be 50 feet from Collins Avenue but it is 133 feet from Collins Avenue. Their tower could be 20 feet to the property line, instead it is 22 feet away from the property line. Their height could be over 600 feet but they are only doing 430 feet. They are allowed to cover 80% of the site with their footprint but instead they are only covering 60% of the site. Their density is lower, 84 units instead of 104 units. A phenomenon that is happening on Sunny Isles Beach is bigger units, their minimum unit size is 1,400 square feet where they could have as small as 550 square feet, and in fact their average unit is 2,800 square feet. They have 23% more parking than is required by the Code, and they have 200% more handicap parking than is required. Staff has given their recommendation that they are consistent with the site plan and the variance standards within the City LDRs. Kobi Karp, Architect, presented a 3-D model and renderings of the project, and how it relates to the Samson Oceanfront Park. They looked for a green-wall effect which is basically the point of the building so the Park comes across it, climbs up to the point of the building and creates a green-wall effect which is ivy growing up the wall. There is a trellis of bougainvillea layered on top of that, and in front of that starts the layering of the trees and mature vegetation, which helped them to create an idea of a unique piece of architecture that 3 Summary Minutes: Special City Commission Meeting March 1,2012 Sunny Isles Beach, Florida steps the building back and creates a building that rises out ofthe Park. The waviness of the fayade really relates to the inspiration of the Park itself. When they looked for ways to create the pedestrian effect it really created an opportunity not only for the Park but also to the north fayade to create a green-wall effect that allowed them to bring the feeling of the Park all the way around the pedestal. The building scale really sits along the 200-foot Park and the Monaco, and is a buffer next to the Pinnacle. The landscaping is not only horizontal but also vertical, because their units are quite large and the density is not maximized, they took all the parking and put it on one level, meeting the new parking ratio which has recently been implemented. The point of it that comes from the Park is about 15-18 feet high of landscaping on both sides, and if you look at it from a rendering standpoint you can see how rarely we have an opportunity to arrive into a green space. The lobby has 25-foot high glass in volume that overlooks the Park. They were able architecturally to do something which is very unique to our commlll1ity which is to take this building and step it back, the notion is as you drive south and you pass the Pinnacle you then have an opportunity to see the Park. Mr. Karp said when you look at the building which is the hotel to the south it has a parking garage in front of it, and part of the intent of the MUR originally was we don't really want to have the parking exposed on the street, we want to find a way to hide it and to landscape it and they took that and blended it in with the greenscape of the Park on both sides. The previous design had a zero setback to the north, and we are now presenting a setback that varies between 3-5 feet which then created the opportunity for that green-wall effect to come all the way around, and it creates a very nice lush green environment that lets the lobby float overlooking the Park, the Ocean, and Collins A venue. He also presented a rendering ofthe landscaping done by Landscape Architect Jimmy SoCash. Mr. Scholl said in addition to the $3.15 Million that they will be paying the City in bonuses, they have agreed to redevelop the north portion of the Park with new landscaping, paving, a walkway, and new playground equipment. They have also agreed to construct on the south side of the Park a new Band Shell. They are going to put new pavers in keeping with the City's landscape plan for Collins Avenue but not only in front of their building but also in front of the Monaco. They are going to relocate any of the trees on their property that the City wishes, to City Parks or public rights-of-way at their own cost and expense. They will be contributing $25,000 to the Trust Fund for the Norman S. Edelcup/Sunny Isles Beach K-8. Mr. Scholl said that they have met with their neighbors and they have changed the design in some ways to help them and to get their support however they have not been totally successful. They also met with representatives of the Northeast Dade Concerned Citizens who had filed a Letter of Objection. Mayor Edelcup opened the public hearing. Warren Stamm, Esq. representing the Dezer Companies who are the leasehold owners of the Monaco Hotel at 1750 I Collins A venue, said this project will have a significant impact on their property both in the short and long term, and they spoke to Mr. Schulman and are pleased that they will work with them to try to alleviate some issues. There will be some vibration damage from the construction activities on the site, issues from excavation due to the closeness of the building, impact from settlements and potentially some environmental issues with some water tabling but most 4 SUl1unary Minutes: Special City Commission Meeting March 1,2012 Sunny Isles Beach, Florida importantly on how it relates to the guests in their hotel. They have several European guests and in their agreements with the tour operators which say if there is ongoing construction within a certain distance of the hotel they have the right to cancel and get their money back. They should be opposed to this project but the Dezer Companies have a much broader view of what is in the best interest of the City and how this decision will impact current and future projects. By allowing this project to go forward with minimum setbacks, the Commission will be setting a precedent for other developers to build new and exciting projects in the City. Mr. Schulman asked Mr. Stamm what precedent would be set by granting a variance to a I OO-foot lot, you don't own any 1 OO-foot lots, you would not be able to take advantage of it. Mr. Warren said if setbacks are 3 feet, wouldn't that afford them the opportunity to do the same. City Attorney Ottinot said he disagreed with Mr. Stamm that the Commission is bound by any precedent, the law made it clear that the Commission must act as a Quasi- Judicial Board and must review each Zoning application based on the evidence set before them on that day and precedence has no value in terms of Zoning matters with respect to the role that the Commission plays in this matter. Mr. Stamm said he is in no way suggesting that this is set in stone, he agrees that this Commission is considering the Applicant's petition here this evening based on what the Applicant has presented here, he is just saying that he is pleased that this Commission and the Commissions in the future will take into consideration these types of progressive moves and what is in the best interest of the City. Tony LoCastro, Vice President of Concerned Citizens, said they generated that Letter of Objection, and he asked if there was 5-15-foot setbacks from the Park on the south side of their building, and Mr. Karp said that is correct, and Mr. LoCastro said then that was the change that they were looking for. Mayor Edelcup noted that there is a 2+ foot setback on the south side to the pedestal and so make sure you are on the same wave length. Mr. Karp said at the tower it does have that setback just noted because it comes from the wave on the pedestal only we have a setback of2 feet and 3 feet and so that is where the shortfall is, and 18 feet at the highest point which is the green-wall. Mr. LoCastro said he has to withdraw his vote of approval because the pedestal was not mentioned, and Mr. Karp said the required setback on it is 5 feet but what they did was to provide the green-wall there, and the tower is set back even further which gives you the greater setback. Former Commissioner Danny Iglesias gave some background when they started to work on the MURs in 1998, at that time they established the Citizens Advisory Council and one of the things that they knew would be a challenge was to redevelop Sunny Isles Beach especially the beach side. One of the challenges they had was they set the 100-foot lots, they got together to see what they could do, and the Beach Cove and the Princess Beach became the Gilbert Samson Park, Sunny Isles Beach and the Tahiti were merged into one and now we have another big Park on the side. Fifteen years has passed and the Commission continues to do the same great job as we started doing at the very beginning of the City. You have taken this idea to the west side and you have developed land which he thought we could never use and we developed it into Parks but even at that time we knew we were going to have challenges and some of them were left over. We couldn't buy them all, and this is one of those that we could not buy. In these challenging times when a developer tries to come up with a development on a very challenging project on a very challenging lot, and one of the 5 Summary Minutes: Special City Commission Meeting March I. 2012 Sunny Isles Beach, Florida things he heard today and he disagrees with is when you do a variance it becomes a norm. Variances are site-driven, this is a special site because you have a lot that is very big on the south side which is a Park. As we go into the future you are going to be challenged with one ofthe few lots that are left to try to develop. He is in favor of this project. Joseph Milton said this project is damaging their property, the wall that is being built at their property line is about 18 feet, actually about 21 feet above the sidewalk and what is allowed in Code is 6 feet. It will run the entire length of his property and it will cause a significant reduction in value to his property and that is why he is opposed to this project. Mr. Schulman said in 2006 there was another project that was approved for this site The Park Place, and at the Public Hearing for Sunny Isles Resort Developers, Mr. Milton opposed a zero setback and he showed him a letter (which he placed into the record). Mr. Milton said yes, it came from his father Jose Milton withdrawing his opposition to that project. There were several meetings between him and his developer at that time and there was a resolution established between them. Jose Milton is no longer the owner of this property, he set up a Trust with his sons of which he is one of them. The Trustees have been entrusted with the responsibility of decisions for the benefit of the children. Mr. Schulman asked Mr. Karp what happens to this building if the setback variances are not granted and what it does to the pedestal. Mr. Karp said it would disallow them from having the green-wall, and the landscaping is very important to have the building come from the Park. The density is down but the parking ratio is up, we have tried to keep it as the smallest box as possible and that is what the uniqueness and hardship of this came about. Mr. Schulman asked if the pedestal would have to go higher, and Mr. Karp said we are doing an luxury product building that the Park is part of the building, and the building is part of the Park. They wanted to push the parking as low as they can, the parking is very efficient, it is very tight, there are no ramps, it is one level, and it is decked up vertically. Ifthe variance is not granted then they will have to go up with multiple levels and ramps. We are keeping it as low as possible, and we are pushing the tower as far back as possible. Mr. Schulman asked him what part of the wall of the pedestal will be seen from the Park, and Mr. Karp said because the wall slopes up, and we would cut the wall down, instead of having a guardrail which is about 42-44 inches high, we cut it down as low as possible, maybe 12 inches, and a guardrail is on top and so it feels even lighter and then we carried the landscaping vertically up, a long slope up because the building is setback, and we have the green-wall. Mr. Schulman asked if you will see a wall or green, and Mr. Karp said you would only see green. Mr. Schulman said on the comments about the impact on the views from Winston Towers, something is going to be built on this site no matter what. Mr. Schulman said the width of the building and its impacts, one of the great things about this parcel is that they are adjacent to 200 feet of wide open space so that even though the width of their building may be slightly more than is permitted by Code, this is probably the only parcel of property in the City where you won't notice it because it is next to the Park. Commissioner Gatto said the building is beautifully designed, and she asked if there was going to be a 21-22 foot wall on the north side of the building, and Mr. Karp said it will not be on the property line, it is set back between 3-5 feet. He said the clears needed in order to clear the mechanical lifts is 18.5 feet and then there is a deck that goes on top of that with 6 Summary Minutes: Special City Commission Meeting March 1.2012 Sunny Isles Beach, Florida planters because they wanted the landscaping not to only come from the ground up but also from the top down and continue with landscaping for a green-wall effect that is 20+ feet high. Commissioner Gatto said it seems that the Code requirement like on the north side is 20 feet. City Attorney Ottinot said on the first it was under six feet there is no setback requirement, and Mr. Karp said correct, he can put on the property line a wall up to six feet with no setback, and that is what we had on the previous design and we decided we didn't want to do that because we wanted landscaping there with tall and mature growth. At the same time they didn't want to just put the landscaping and uplight it, they wanted the wall to have ivy and another layer of bougainvillea growing on it in a multitude of colors. Commissioner Gatto said she is trying to get a sense of the great discrepancies between variances, what is Code and what is being asked for. Mr. Karp said Code is 5 feet and he is providing 3 to 5 feet on the north side. Commissioner Gatto said she has Code as 20 feet, and City Planner Hasbun clarified that if the pedestal is six feet high, the garage can be built on the property line with zero setback, then for every two feet that the pedestal goes up, they need to go three feet into the setback up to a maximum of20 feet. Commissioner Gatto said they are asking for 3-5 when it should be 20 and so she is challenging that. Commissioner Gatto said on the south side it is less extreme, the Code requires five feet and you are asking for two feet. Then there is the issue of the tower which is Coded 60% of the base and you are asking for 73%. This City is trying to avoid doing wall to wall buildings, and asked him to consider modifying it and rebuilding it to a lower scale, and Mr. Karp said even a building like the Pinnacle has a parking structure behind it with a wall, and the Monaco has cabanas facing the water. Now we don't have the luxury of width, we do have the lot size, we also have a different Code today than we used to have meaning the parking requirements today are a little more strict, and so therefore by definition we had to find a solution that works. We did not want zero setback because we wanted to step in and give landscaping but what that created is a hardship going up that we could not meet the required setback, and so they were someplace in the middle. When they met with staffthey looked at different options and that is how they came up with the smallest volume that they could create for the quantity of parking that they have. They worked with staff over the past 2-3 months to come up with the most luxurious solution from a landscaping and setback standpoint. Commissioner Gatto said then that parking is driving a lot of this design, and Mr. Karp said it is not in a sense that the quantity of units is not maximized, it is actually about 15-20% below what the maximum is. The units are luxury units but the issue is also that we have changed the parking requirement recently and so we have to accommodate that parking requirement. Vice Mayor Thaler said there are not a lot of new apartments available within Sunny Isles Beach, it was mentioned that we had an excess. There was a question asked by Commissioner Gatto that was not answered in terms of narrowing the building, he thinks that is one of the things that she tried to elude to so that you wouldn't have the variances that were needed. Why could it not be a narrower building, and Mr. Karp said because we are adjacent to the Park they created an illusion of the building not being a box, and so they gave the skinny side of the building instead offacing you broad side, and then the wave created an opportunity to really temper away at the volumes so that it doesn't feel so rigid and that is why we needed some variances on it. To create an architectural design and to create the 7 Summary Minutes: Special City Commission Mecting March 1,2012 Sunny Isles Beach, Florida uniqueness which is only on the Park. Commissioner Gatto said her comment was to bring it down proportionately to the land they are working with and the space that they have to work with. Vice Mayor Thaler said he was looking at narrowing it so that it would fit within Code as against that variance, in setbacks we have already set the precedent on I OO-foot lots when it comes to the variances, there is more than one building that we issued the zero setbacks on, not only Park Place but also the Sayan Building. The overall 16-18 feet, we have to look at the future of what probably will go next to it and we have an older building there that some day will be replaced and this building is a beautiful building and if we do want to change it and we go to what would be allowed, the parking would cover more than the 18 feet that you have here, and Mr. Karp said that is correct. Vice Mayor Thaler said so in the future somebody could come in with no variances and the building would be built with five stories of parking and be higher than what you are talking about. You have an excess in handicapped parking, the new ordinance we set up for parking has certainly helped you in giving you additional parking, and he sees no problem in any of those areas. In looking at the building and listening to concerns, no matter what is there, somebody's view is going to be blocked. Every building on the ocean has had their views blocked. He asked in what area is the service trucks, is there room for them off from Collins A venue, and Mr. Karp said yes, we have the staging area for the FPL and the Fire Trucks already located and approved by the Fire Department and FPL. They pull in, and then they back out on the site, they turn around and they face out, there is no service on Collins A venue. Commissioner Aelion said we were presented tonight here with some variances that were mentioned by the Architect, and he wants to make surc with the City Attorney what we have is what was stated. City Attorney Otlinot said that the record is correct, the only variance that the Applicant withdrew was a tower set on the backside. Commissioner Aelion said Rendering A I on the plan is the building height and the permitted height allowed is unlimited and he thinks that should be corrected with a certain height and not an unlimited amount. On the same page he understands that the parking structure is going to be tandem parking at 94%, and it should be a mechanized three stories for the garage, now in your designs did you give consideration to the possibility of having most of the parking below ground so that you could create the structure on Collins A venue or at least partial so that not the whole length of the building would be all a solid height of21 feet, and Mr. Karp said yes they did, and it is not possible. Mr. Schulman said because we are in a coastal area, we have to get permits from the State of Florida Department of Environmental Protection because there is a coastal construction control line that goes through the center of this property, and under those rules and regulations, the amount of fill or soil that you excavate cannot leave your site, it has to be put somewhere else on the site, and this is a small site. Therefore how deep we can go is not limited by the water table, it is limited by if you excavate any deeper we have got too much soil that we cannot put on the site and we can't get a permit from the State. We put this pedestal down as low as we could under the State rules, and so wc have to balance the City's rules and the State rules. We are already creating a vegetated dune on the beachfront with some of that soil as have others but everybody in this City is limited as to how deep they can go by what they can do with the fill. 8 Summary Minutes: Special City Commission Meeting March 1,2012 Sunny Isles Beach, Florida Commissioner Scholl said as a Commission we have two obligations, one to our citizens and one to our property owners, and he did not hear much about how this would affect adjacent property owners. He commended Kobi Karp on a beautiful job, unfortunately the developer did not do his work here. When you are asking for a variance, rule no. 1 as a developer is to settle with the adjacent property owners and any surrounding homeowner associations, and he noted that what Joseph Milton's father signed in 2006 has no bearing on the current situation. What has bearing is that the developers walking in and saying, we want 85% of that setback, he has to satisfy Mr. Milton because Mr. Milton is the adjacent property owner and we as a Commission have an obligation to make sure his rights are protected just like the citizens rights are protected. Somebody didn't deal with our citizen groups either appropriately because Mr. LoCastro was confused, Commissioner Gatto was a little confused, it is the developer's obligation to satisfy our citizens to make them understand what is going to happen in their neighborhood and it is an heightened obligation to deal with the adjacent property owners because it is going to impair your property value. Variances are gold to a developer but they cost somebody something, and in this case it cost the adjacent property owner. What he sees here is that there is limited information in a short timeframe, and so his vote is to defer and let these issues get dealt with. Mayor Edelcup said when we look at all these various projects coming before us, we are always dealt a pretty difficult hand particularly when you are looking at 1 OO-foot lots which we have all had to grasp within our City since the day of its formation and the obligation to recognize that 100-foot lots have property rights attached to them and that there is a basic right of that developer to be able to develop that piece of property. Where we come in to interplay is to see when those 1 OO-foot lots are being presented to us, we have the best of all worlds and sometimes that means compromise to arrive at something that benefits our entire City as well as trying to maintain the property rights ofthe people that own that property also giving cognizance to the neighboring properties and to the people in our community. No one has ever approved of one of the big projects on the ocean because of its height and everyone has always complained about their view being blocked. That is a fact oflife that we have all had to deal with and everyone of us that have bought property here in Sunny Isles Beach or has been a part of the growth of the City recognize that each one of these properties on the ocean when they are going to be developed will be developed with high rises. The height limit has always been 550 feet or higher, as it is today at 650 feet, and so it has been a given that we are going to have high rise buildings on the ocean side. We attempted always to maintain a philosophy though of tall and skinny which he believes this particular piece of property as presented to us tonight is falling within those lines. Mayor Edelcup said in looking at that property as he looks at it right now, it certainly is a lot skinnier than the Pinnacle, or the Doubletree Hotel that is on the opposite ofthat Park. It is being built on ground 100-foot wide but we also have to look at alternatives that can be presented to us, and we know any builder is going to want to maximize whatever he can in the way of profits in developing it. We must look at whether or not this property with its variances is a superior product to a standard product that would come before us that wouldn't have variances but would have pedestals that would reach out to the lot lines, possibly instead of being 130 feet setback from Collins Avenue, it would be 75 feet. In the end the property owner has a right to develop a piece of property that he owns in accordance with our 9 SummaI)' Minutes: Special City Commission Meeting March 1,2012 Sunny Isles Beach, Florida Code and what we refer to as "as of right zoning". What we are looking at here now is the difference between what is "as of right" and what is being presented to us. As ofright, the building can go all the way up to 75 feet in front of Collins Avenue, the building could be 600 feet high, the building could have 104 units instead of 84 units. What we are faced with is a decision that we first have to admit that yes something will get built on this piece of property because it can be built as of right, and what we have before us is an alternative and we have to decide in our own minds whether this alternative is a superior product of what could come before us as an as of right, or reject it and wait for another project to come before us then maybe that one would be as of right. As much as we would like not to have variances or I OO-foot lots we are forced with the reality ofthe situation that we do have 100- foot lots and that variances were created strictly to accommodate a better design for a particular piece of property, and if in the opinion ofthe Commission that it is a better design, then you can create a variance. That is where he stands on this particular project, he thinks that this is a superior product to what otherwise would be a standard product, and based on that he hopes that this project moves forward. Commissioner Aelion said to Commissioner Scholl that he agree with him that maybe the salesmanship process was not done properly, and that information was not transferred in a timely manner, and maybe there was confusion in the process. Taking that into account, and when you say deferred, would that entail better information to the parties that have concern inclusive of Mr. Milton, some sort of compensation for that gravity, or is the project something that you think needs to be revised completely because it is not what is proper for the site. Commissioner Scholl said both, his concern is that it is the developer's obligation to walk in here with his ducks in a row. He believes the developer gets a false sense of security when he gets staff recommendation and when he feels that the Commission is a little bedazzled by a beautiful building. If the neighbors and Mr. Milton were reasonably satisfied he would be voting yes on this project, but he feels we have an obligation to protect them. We are making the rules, when we stroke our pen tonight somebody is going to be making a lot of money and he agrees with the Mayor that there is always a set of tradeoffs. But the tradeoffs have to be reconciled with the other constituents. These lots have rights but he believes it is our obligation to protect the rights of the folks around, and the developer's obligation to not put us in the position that we have to beat this. He would vote for it the way it stands if everybody was happy. Commissioner Aelion said he is hearing a tendency to reject what is before us without clarity, because the Mayor very clearly stated that the alternative to this could be something worse. We cannot prevent development of these high rises because the City has gone this way with a Master Plan, and you were part of the Master Plan. Vice Mayor Thaler said that is a very valid point but we have to make a decision if we want to go forward with this building, or come back with a building that does not need variances. Commissioner Scholl said we don't have to do this tonight, we can let them try to resolve this and bring it back before us. City Attorney Ottinot said that the City Manager has one point that the developer probably would agree on sand restoration. City Manager Cohen said yes, similar to the site plan approvals for the two most recent projects. The Acqualina and Porsche designs, we required that all sands generated from the excavations ofthe properties will remain on site to be used 10 Summary Minutes: Special City Commission Meeting March 1,2012 Sunny Isles Beach, Florida for beach restoration subject to the direction of the County and the State. Vice Mayor Thaler moved and Commissioner Aelion seconded a motion for approval, subject to staff conditions, as amended. Resolution No. 12-Z-127 was adoptcd by a roll call votc of 3-2 (Commissioner Gatto and Commissioncr Scholl opposcd) in favor. Vote: Commissioner Aelion ves Commissioner Gatto no Commissioner Scholl no Vice Mayor Thaler yes Mayor Edelcup ~ [City Clerk's Note: The Commission took a 5-minute recess.} 4. RESOLUTIONS 4A, A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Transfcr of Developmcnt Rights ("TDRS") in the Amount of Sixty Two Thousand Six Hundred Forty Four (62,644) Square Feet of Floor Area and Thirty Two (32) Units to Chateau Beach, LLC. for the Propcrty Located at 17475 Collins Ayenue; From Sub- Bank Accounts Owned by Abus Sunny Isles, LLC., Chatcau Beach, LLC. and Gold Club, Inc.; Directing the Zoning Administrator or Designee to Transfer the TORS From the Sub-Bank Account in Accordance with Zoning Resolution No. 12-Z-127; Providing for Consent to Transfer TORS from the Sub-Bank Accounts; Authorizing the Adjustment and Modification of the TOR Bank and Sub-Banks; Providing the City Manager with the Authority To Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Actioll: Assistant City Clerk Betancur read the title, and City Attorney Ottinot reported. Public Speakers: None Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012-1861 was adopted by a voice vote of3-2 (Commissioncr Gatto and Commissioner Scholl opposed) in favor, 4B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Rcsolution No. 2012-1834, Attached Hereto as Exhibit "A", to Increase the Not to Excecd Amount From $750,000.00 to $990,000.00 for Landscapc and Fiber Optics Project for Collins Avenue, and Authorizing the City Manager with the Authority To Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Actioll: Assistant City Clerk Betancur read the title, and City Manager Cohen reported that the increase in these costs are due to unforeseen expenses that were not included in the original estimate. When the first phase of the Streetscape project was originally done, it was almost exclusively done in front of several large properties that were owned by one individual property owner who cooperated with the City and provided both electric and water infrastructure. We are now dealing with multiple properties, some of which do not have 11 Summary Minutes: Special City Commission Meeting March 1.2012 Sunny Isles Beach, Florida water or electric available by the roadside for us to access. The most cost effective way to provide for the irrigation and the electricity for the uplights is to run our own water pipes and electric conduit along Collins Avenue for this landscaping project. We are also going to have to install electric meters and water meters which we did not have to do the last time around. These additional costs are approximately $157,000. We are also piggybacking on the project and adding an additional conduit for which we will be using for fiber optic cable which will be utilized for the City-wide security project, and we are taking advantage of the fact that we are doing directional drilling under the surface, driveways and streets inserting this conduit at an additional cost of$83,000, which will be paid by forfeiture funds and the Police Chief at our next meeting will be providing the appropriate certification for that. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approvc the resolution, Resolution No. 2012-1862 was adopted by a yoice vote of5-0 in favor. 4C. Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Budget Amendmcnt No. BA1112-014 to Fiscal Year 2011/2012 Budget to thc Capital Projects Fund (20) Which Includcs a Rcduction in the Fund Balance Rescrve by $157,000.00; Authorizing the City Manager To Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Actioll: Assistant City Clerk Betancur read the title, and Assistant City Manager/Finance Minai Shah reported that this is for the above Item 4B. Public Speakers: None Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the rcsolution. Resolution No, 2012-1863 was adopted by a voicc vote of 5-0 in favor. 4D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a First Amendmcnt to the Parking Licensc Agreement Between the City of Sunny Isles Beach and Charleville Developmcnt Corp., for Use of a Portion of the Parking Lots Under the William Lehman Causeway, Attached Hereto as Exhibit "B"; Authorizing the City Manager to Execute said Agreement; Authorizing the City Manager and City Attorney To Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Actioll: Assistant City Clerk Betancur read the title, and City Manager Cohen reported that the Charleville Development Corp. is also known as the Regalia Project. They have approached the City to rent parking spaces from us and we have actually done so already. We are looking to create a long term parking agreement with them, and we have come up with a very simple formula of $16 per day per car for each month of use, and once a month they will inform us how many spaces they will need for the following month and we will figure out what the fee is for that month and charge them accordingly. One slight change to the text in the memo and resolution and that is that we intend on renting spaces not only under the Lehman Causeway but also in the Heritage Garage. He thanked Commissioner 12 Summary Minutes: Special City Commission Meeting March 1,2012 Sunny Isles Beach, Florida Aelion for contributing to this idea. The benefit of this is we split with FOOT 60/40 under the Lehman, the Heritage revenue is 100% ours. We will of course set aside spaces for the use of the community, and we will make sure we coordinate with the developer to ensure there are black-out dates for any City functions, special events, etc. that occur at the Park to ensure there is adequate parking at the garage. Public Speakers: None Vice Mayor Thaler asked for a breakdown of what we are going to give them in Heritage Park as against what they are going to get in the other area, and City Manager Cohen said that will be dependent on how many spaces they actually need any particular month. We will maintain a set aside and if there is a particular amount that you have in mind, and Vice Mayor Thaler said no, he just didn't want to get caught short in Heritage Park. City Manager Cohen said we are very sensitive to that and there will be a monthly set aside to ensure that daily users of the Park have access to the Park and based on all his trips to the Park he has a fairly good sense of what the daily usage is as opposed to special events usage and we will coordinate with our special events calendar to ensure that the parking permits cannot be used during our special events so that the entire garage is available to us aside from the Marco Polo parking is available to patrons for those special events. Mayor Edelcup said they are only using it from 8:00 a.m. to 7:00 p.m. five (5) days a week, not on weekends, and as long as the decision rests with the City as to where they park on a month to month basis. How do we police on a monthly basis if they say I need 25 spaces, how do we know they haven't used 30 or 40 spaces, and City Manager Cohen said when they come in with their allotment they will receive permits that are only valid for that month, they will be numbered, and if they don't have a permit in their window they will get a ticket. Mayor Edelcup said then that Parking Enforcement will be enforcing that. Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution, as rcvised. Resolution No. 2012-1864 was adopted by a voice vote of 5-0 in favor. 4E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Enter Into an Agreement to Utilize the Serviccs of Colin Baenziger and Associates for Rccruiting Employees and Providing Background Check Services, in the Amount Not to Exceed $19,000.00; Authorizing the City Manager To Do All Things Necessary to Effectuate This Resolution; Providing for an Effective Date. Actio,,: Withdrawn. 4F. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving an Agrccmcnt with Calvin Giordano & Associates, Inc. for Capital Project Management Services, in an Amount not to Exceed $8,505.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Said Agreement; Authorizing the City Manager To Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Actio,,: Assistant City Clerk Betancur read the title, and City Manager Cohen reported that 13 Sunllnal)' Minutes: Special City COlllmission Meeting March 1,2012 Sunny Isles Beach, Florida we have contracted with Calvin Giordano for other projects well in excess of$1 0,000 and so any addition to our expenditures to them need to come before the Commission. Because we don't have a Public Works Director on staff as of yet, it is his interest to keep our Capital Project Program moving forward, he is doing his best to do that but some of the projects are beyond his level of expertise and he is asking for the assistance of Calvin Giordano to come in and work with us on Capital Project Management. Public Speakers: None Commissioner Aelion said while this is a small amount, he thinks it would behoove us to be more specific in the location of the breakdown of the distribution of said amount for record purposes and accountability. City Manager Cohen said with the Assistant City Manager/Director of Finance we will allocate this amount to the various Capital Projects where appropriate. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No, 2012-1865 was adoptcd by a voice vote of 5-0 in favor. 4G. Add-On: A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Expressing Strong Opposition to the Closure of the Eastern Shorcs Fire Station; Directing the City Clerk to Proyide a Copy of this Resolution to the Mayor and Board of County Commissioners; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Added at the meeting.} Assistant City Clerk Betancur read the title, and Mayor Ede1cup said you may have seen today's newspaper and he has received a few phone calls from residents of Eastern Shores that have become very upset with Miami- Dade Fire Department. Apparently they thought they had worked out a long term arrangement where the Fire Station on the Eastern Shores which was run by the City of North Miami Beach but about a year ago it was taken over by the County Fire Department that would be remaining open and serving the people in Eastern Shores. Apparently there has been a recent decision by the Miami-Dade Fire Department to close that operation and the people in Eastern Shores will no longer be serviced by the Fire Station, and they have been told that they will either be serviced by our Fire Station No.1 0 or possibly by the Fire Station up on Biscayne Boulevard. Because of the Intracoastal Waterway and the bridge opening and closing, their concern from their point of view that how will the fire truck get across the bridge ifit is coming from Sunny Isles Beach, and we should be concerned if the fire truck happens to be over in Eastern Shores and we need it, how will it get back over here if the bridge is up. He suggested that we approve the following resolution to inform the County that we are not in favor of the closing of the fire station in the Eastern Shores. Public Speakers: None Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Rcsolution No. 2012-1866 was adopted by a voice vote of 5-0 in favor. 14 Summary Minutes: Special City Commissioll Meeting March 1,2012 Sunny Isles Beach, Florida Former Commissioner Gerry Goodman informed the Commission that the lights are still on at Pelican Park when he comes home every night, the big spot lights are on. City Manager Cohen said we are getting closer to that day, we have on order the equipment necessary to fix the ground lighting on Collins A venue, the equipment on Collins A venue will be removed and that will be used to replace the equipment at Pelican Park and then we will have working light fixtures at Pelican which will then allow us to turn off those lights. It is also baseball season and so you will see the lights on late. 5. ADJOURNMENT Commissioner Scholl moved to adjourn the meeting, and Mayor Edelcup adjourned it at 8:55 p.m. Respectfully submitted by: Approved by the City Commission on April 19, 2012 ~ A LL.-v 'Jane A. Hines, CMC, City Clerk / 15 Preview TO: FROM: DATE: RE: Page 1 of I City of Sunny Isles Beach 18070 Collins Avenlle Snnny Isles Beach, Florida 33160 (305) 947-0606 City lIal1 (305) 949-3113 Fax MEMORANDUM The Honorable Mayor and City Commission Jane A. I-lines, CMC, City Clerk 4/19/2012 Summary Minutes for the March 1,2012 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the March I. 2012 Special City Commisison Meeting. REASONS: N/A . ATTACHMENTS: Summary Minutes Agenda Item 4- ~I\ l q~ I~) Date http://sibagenda.sibfl. nett agenda/Previ ew .aspx?1 teml 0= 7 4 9&Meetingl L UQ_ ..._