HomeMy WebLinkAbout2013-0108 Special City Commission Meeting SUMMARY MINUTES
Special City Commission Meeting
Tuesday,January 8, 2013, 5:30 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 Edelcup at 5:30 p.m. with the following officials
present:
Mayor Norman S. Edelcup City Manager Christopher J. Russo
Vice Mayor Isaac Aelion City Attorney Hans Ottinot
Commissioner Jeanette Gatto City Clerk Jane A. Hines, CMC
Commissioner Jennifer Levin Deputy City Manager Stan Morris
Commissioner George "Bud" Scholl Deputy City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE
Action: Commissioner Gatto led the Pledge of Allegiance to the flag.
Mayor Edelcup introduced Deputy City Manager Stan Morris the newest member of our staff,
and he gave opening remarks of decorum.
3. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
3A. Request of Jade Signature a/k/a Jade 4 for the Property Located at 16875 and 16901
Collins Avenue, for the Following: (Hearing#Z2012-16)
The Applicant is requesting site plan approval for a fifty-five (55) story condominium
building with 223 dwelling units located at 16875 and 16901 Collins Avenue.The Applicant
is requesting a Transfer of Development Rights(TDRs)in the amount of 149,477 square feet
of development rights and 81 units from private TDR Bank accounts.Further,the Applicant
is requesting approval of a mural and graphics for a temporary construction fence.
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 fifty-five (55) story
condominium building with 223 dwelling units and 646,978 square feet of Floor Area
Ratio (FAR).
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 TDRs from a private
TDR Bank account in the amount of 149,477 square feet of development rights and 81
dwelling units for the condominium project.
3. 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 a temporary
construction fence.
(Continued from 12/20/12)
Protests 0 Waivers 0 Ex Parte 2
Summary Minutes:Special City Commission Meeting January 8,2013 Sunny Isles Beach,Florida
Action: [City Clerk's Note:A letter in favor of this application was received from Raanan
Katz.] Mayor Edelcup gave opening remarks on zoning procedures/decorum. City Clerk
Hines read a disclaimer for the Zoning hearing,and administered the oath to witnesses. City
Planner Claudia Hasbun reported. She said there is no variance or waiver being requested
with this application,and that the City has no objections as the request is consistent with the
Land Development Regulations and with the Comprehensive Plan, providing that all
conditions specified in the Staff Report are satisfied. Staff finds that use of graphics and
murals on temporary construction fencing is warranted. Commissioner Scholl declared Ex
Parte communication with Jennifer Altman,Esq.that was representing one of the neighbors,
and Vice Mayor Aelion noted that he also met once with the developer and the attorney for
the developer and discussed the project and the impact on the adjacent properties.
Public Speakers: Cliff Schulman, Esq.; Edgardo Defortuna; Jason Franzum; Martin
Goldfarb; Ron Book, Esq.; Jonathan Mofsky, Esq., Rachel Cardello; Ron Choron; John
Cardello;
Cliff Schulman, Esq. representing Fortune Development Group, and its Principal Edgardo
Defortuna,entered into the record the power point presentation and correspondence to Sands
Pointe and Jade Beach Condominium Associations. He also introduced the Development
team, the internationally recognized Herzog & de Meuron Architectural team from
Switzerland and the local group. This is a 2.5 acre site and so we have more flexibility when
it comes to the development of the site,and therefore no variances are being requested as part
of this application, it is an as of right development. He noted that this group already has two
developments in Sunny Isles Beach which are Jade Beach and Jade Ocean.
Developer Edgardo Defortuna noted that this is actually their fourth development as they have
also done the Le Meridien. They feel very fortunate to have Herzog&de Meuron designing
this project as they have done projects all over the world and have over 400 requests a year to
represent them in designing projects and they take only a few projects. Presently they have
less than 50 projects in their portfolio and those projects takes years to be developed and so
they are very selective. This project will take the development in Sunny Isles Beach to a
different level because of the number of things that were implemented into this project. As
Mr. Schulman had stated, we are very keen to keep everything within the Code.
Cliff Schulman indicated that there are no variances being requested, they are requesting
approval for 223 units, the previous project (Paramount) had over 230 units, and
approximately 35 units less than what is permitted under the Zoning Code. The units will
range in size from 1,500 square feet to about 3,400 square feet with a beautiful 10,400 square
foot penthouse. We are also asking for approval of the private TDRs and mural construction.
The building's width could have been 250 feet,and the building as designed is 201 feet,and
so it is narrower on the lot going from the north/south than it could have been under the Code.
We are permitted 258 units on the site, we are only building 223 units which is 14% less
density. The benefits to the City from this project are: 1)another beautiful project in the City
an architectural piece of art on the tax rolls; 2) they have met the bonuses and brings $6.4
Million in additional money for the City; 3)we have also offered as additional mitigation for
our curb cut$25,000 donation for cultural and park purposes; 4)we have also agreed to take
the City's decorative paving plan and not only do it in front of our own site but to do it in
front of the Sands Pointe site,as well as the Jade Beach site. Also,we are going to take those
2
Summary Minutes:Special City Commission Meeting January 8,2013 Sunny Isles Beach,Florida
pavers north of Jade Beach to the north boundary of Jade Ocean and so that is about 1,000 feet
of pavers that will match the City's landscaping plan; 5) we will also have some sand, we
have agreed to a condition that says that we will keep any sand that is excavated on the site,
keep it on the site and make it available to the City and to Miami-Dade County DERM to
determine where best to put it for beach renourishment.
Jason Franzum,Architect,presented a 3D Model and a power point on the firm's background
and of the project as well as other projects that they have done in the area including the Perez
Art Museum Miami, and 1111 Lincoln Road, Miami Beach, and Jade Signature brings a
different level to the City. It is a rare opportunity to do a large and important project in direct
proximity to the beach,this is really a unique opportunity for them as designers and something
that will allow them to do a very strong project and a significant piece of architecture in the
future. What distinguished this project was a commitment on behalf of the owner and
developer to put the parking below ground in order to make a very fundamental change in this
project which is the amenity space and the public space of the project would land directly on
the ground connecting a strong relationship between the road, the City, and the beach. The
site is north of Sands Pointe and south of Jade Beach, the architecture is valued by the
developers and there is also an opportunity to do something really different. They paid
attention to the views from the neighbors on the north and on the south which is key to them
in the way they positioned the project. If they were to go east/west it would have blocked the
views for their neighbors. Because of the way Sands Pointe is situated with their parking lot
on the north end, there is a view corridor through which opens up, and so they oriented the
project in parallelogram form which keeps the views for Jade Beach looking back towards the
City and opens up the views from the south looking north maintaining those ocean views. It
also had an added benefit, what the main goal of the project was, the space between Sands
Pointe,the openness there where there is 250 feet,on the Jade Beach side we have significant
space between the tower and our project. It also illustrates the connection of the ground. At
the beach level they looked at the shade, by shifting the building they were able to gain a
significant amount of additional sun by making a very simple move in the afternoon coming
from the southwest. That is something that is both beneficial to our site where we want to
activate the ground plane and have an active pool deck and the beach. The idea is to make
that beach a real garden experience to have the pool there but also have it as appealing as
possible for people walking by on the beach. They will work with natural vegetation as much
as possible that is something that Raymond Jungles is bringing to the project. They wanted to
create these pavilion forms that reach out to the street acknowledging what was happening on
the interior and make a strong gesture to the City. The idea is to have a tower that lands on
the ground in a garden and to have very lively and beautiful vegetation at the ground level on
the property and on the street. Also we would have a sculptural driveway leading up into this
active valet area,and the ground plan where they have the driveway aisle coming around and
up to the valet area. They have public access which is 20 feet of their property combined with
20 feet from Jade Beach to make a 40-foot wide public access point.
Clifford Schulman said that they went to their neighbors about the project. Sands Pointe does
have a tremendous advantage because they have a separate parking garage,their tower is set
back from our tower about 250 feet which is quite unusual in Sunny Isles Beach. They have
had various meetings with Sands Pointe with both the old Board and the new Board and about
30 interested unit owners. We made some accommodations and mitigations to them, we
3
Summary Minutes:Special City Commission Meeting January 8,2013 Sunny Isles Beach,Florida
agreed to video tape as well as still photograph their property so that we knew before and after
what the status of their property is in the event of any possible damage. They agreed to install
vibration sensors on Sands Pointe property at various locations so that we could monitor and
they could monitor any vibrations that may be emanating from the site. However, this is
probably the first project in Sunny Isles Beach that is not going to put in its pilings in the most
traditional but sometimes noisiest and vibration sensitive way and that is most pilings are
pounded in. Here we have to go down about 90-100 feet to get to bedrock, in this particular
project unlike all the others we agreed to use auto-cast piles not pile drivers and so that will
eliminate any vibrations. They will monitor it and have agreed to make those documents
available to the Association, and we agreed to do that for both sides. We indicated that we
would be responsible for any damage that we do to any personal property, landscaping or
otherwise. They agreed to write Sands Pointe into our insurance policy as an additional
insured. We agreed to provide them with a number of car washing vouchers to be utilized by
the Association in the event that there is any dust. We agreed to pay them$5,000 per year of
construction in order for them to wash their windows. They expressed some concern, they
wanted to know what was going on during the status of construction and we agreed to have
periodic meetings with our Construction Manager to keep them informed. They had some
problems with the location of our lap pool which was very close to their property line and they
were concerned about privacy issues, and so we agreed to install a decorative wall
approximately seven feet high so that there would be no intrusion onto their property. They
were concerned with our air venting system for the garage. They do have certain units on the
northeastern portion of their parking garage. They have certain townhouse units that are there
and one of our vents were located in that location. We have turned that vent into a passive
vent meaning no fan,and so it is just an air intake,the fan will be on the Collins Avenue side
to basically make sure that the carbon monoxide levels in the garage are met. We tried to
address their concerns and be sensitive to them. As to Jade Beach,we contacted the President
of the Association John Kearney, he was out of State for most of the summer and he just
returned recently. We had a phone call with him as well as email trail, we were unable to
finalize meetings with them but what we decided to do was, it was only fair that what we
offered to one that we offer to the other, and so we sent letters to both Mr. Kearney and Ms.
Maggie Gordo who is the President of Sands Pointe and put those things in writing to both,
and he put a copy of these letters into the record. It is virtually impossible to reach consensus
in a condominium building of 200 or more units but we tried to be responsive to the actual
concerns which were valid.
Ron Book, Esq. on behalf of the Sands Pointe Condominium Association,noted that he was
just retained yesterday, and he did address with Mr. Schulman a couple of issues of concern.
While we appreciate the window dressing minor concessions that were provided by Mr.
Schulman's client,one of the areas that has not been discussed is exactly how the project has
been positioned on the property. While he agrees the architects that Mr. Defortuna has
retained are world renowned, when you start talking about building an underground garage
and you position the building within six feet of the Sands Pointe property line,as opposed to
much closer to the property line to the other project that has been developed by the same
group,you have to set back and ask why are you six feet from the Sands Pointe property line.
The parking garage is underground,never been done here before,with a bundle of engineering
concerns and sensitivities of what it might or might not do to the adjoining and adjacent
property. Yes they have spoken to the issue of a insurance policy but his client was seeking
4
Summary Minutes:Special City Commission Meeting January 8,2013 Sunny Isles Beach,Florida
some longer term bond that would be placed in and kept for a period of time after the project's
completion to create some level of comfort should there be a problem. Unfortunately, the
insurance company does not place their coverage until the contractor is chosen as it is the
contractor's responsibility and so he can't look at the policy to see if it is adequate coverage.
They are asking Mr. Schulman to consider allowing us at their expense to bring in an
independent engineering firm to do monitoring, to take the data and the information that the
Defortuna's are going to provide by way of the motion sensors and the monitors. They are
suggesting not to move forward tonight, but to come back at a later date.
Jonathan Mofsky,Esq.on behalf of Jade Beach Condominium Association,said he echo's the
sentiments of counsel for Sands Pointe. The Association has various concerns regarding the
project and the direction of the building structure. This afternoon he received a letter from
Mr. Schulman addressing the commitments presented which was sent yesterday to the
Association. We have not had a real opportunity to review those commitments, to address
those concerns as well as the other concerns of the entire Association. He is here tonight to
request a deferral of these proceedings so that the Association can have an opportunity to
review these commitments, address their concerns with Mr. Schulman further, and also
engage experienced land use counsel to represent them in connection with this matter.
Clifford Schulman said in discussing deferral, this application has been in process since
September 2012,it was scheduled for December 20,2012 and it was deferred to this date,and
again during that period of time we attempted to address concerns. We reached out to Mr.
Kearney maybe two months ago, and we did not have any response because he was out of
town. And attorneys getting hired within 24 hours, this is the second attorney for Sands
Pointe that we have been contacted by, and Mr. Book did call me last night. Mr. Book is
worried about the insurance,we are too,it is our project,there is a capital investment here of
hundreds of millions of dollars, our insurance policy is going to be the best that money can
buy because Mr. Defortuna wants to make sure that he is covered,and that same coverage will
be for the benefit of both of the condominium associations. We don't get that insurance,we
don't even have a GC that we picked yet, the General Contractor basically will provide the
umbrella insurance as well as making sure that the insurance coverage lasts beyond the date of
construction, that is what they call "payout coverage". We don't want to be sued 4-5 years
later and not have insurance coverage and so that will be taken care of,and he tried to explain
that to Mr. Book. Regarding the underground parking garage,Mr.Book indicates that this is
new and innovative, and it is not new and innovative,it is here in Sunny Isles Beach because
what we have is pedestals but it has been used quite a bit throughout the United States as well
as in South Florida. Rachel Cardello, Architect, gave examples of projects that are using
similar technology. John Cardello, Director, said they have also successfully executed
projects in Miami Beach with below-grade parking garages on Collins Avenue,and they have
built garages as far as 10 stories below-grade of several thousand cars in the companies
history,they understand how to do it,and they do it successfully. Mr. Schulman said he does
not agree with Mr. Book that this is minor window dressing,he knows of no other developer
who videotapes and photographs before and after,and he knows of no other developer that has
agreed to put in monitoring for vibration in this City,and so that is not window dressing. This
has been in progress for a while, and delays cost money.
Vice Mayor Aelion said the design itself being of a diagonal nature is a first in Sunny Isles
5
Summary Minutes:Special City Commission Meeting January 8,2013 Sunny Isles Beach,Florida
Beach and it adds a special aspect to the look of the City which is very positive. He is
concerned about the underground parking and the potential flooding that may occur,he thinks
that Golden Strand has somewhat of a one level underground parking. We have a lot of beach
erosion and an aggressive ocean, what are the procedures or mitigating steps that the
developer may take either to create a hill or some sort of impediment for the water to reach the
garage. Ron Choron, VP of construction at Fortune, said the garage is going to be raised
higher than the beach level,above the flood plain level. Vice Mayor Aelion asked if there was
a perimeter around the proposed structure that will prevent any water from entering into the
lower levels of the underground parking. Mr. Choron said the entire garage is enclosed except
for the one entrance and exit ramp, and at that portion we will have flood gates or flood
barriers, it is a complete concrete bathtub top, sides, and bottom. John Cardello said before
the walls get poured,there will be a complete waterproof membrane that will be surrounding
it, there is one entry and exit point that will have a flood barrier at that point to make sure
there is no water infiltration. Also,you asked about water on the site,we have water wells on
either side to control any rain water that may come on the site.
Vice Mayor Aelion asked about noise from the air ducts and asked for a pilot test of the
decibel levels of the fans, and if it is high, that some action can be taken to mitigate it. Mr.
Schulman said the City regulates sound and decibel levels,the maximum level is 65 decibels.
This is a variable speed fan,meaning that it does not always run at the same speed,it depends
on what is going into the garage. If there is one car,you don't have much in way of the fan. If
30 cars come at the same time, the fan speeds up but it is basically throttled down so that it
can never exceed the 65 decibels limit. The east side is passive, there are no fans.
Vice Mayor Aelion said in the parking layout you have for guests"0",for tandem"124",and
for commercial "2". The two parking spaces for commercial, he fails to see where the daily
trucks are going to be able to get accommodated. Rachel Cardello said the spaces would be
integrated into where the loading dock is located and there are also additional parking spaces
within the garage itself. Mr. Schulman said that area around the loading dock is heavily
landscaped from its northern neighbor.
Commissioner Gatto said assuming the issue of the garage and the noise are satisfactory,she
likes the idea of less density,there are no variances,and she found the site strategy to be very
interesting. We were challenged with a similar issue last time where someone was asking for
a deferral,no variances were involved,and this is like history repeating itself. It has been out
there since September, and so she is in favor of moving forward with the project.
Commissioner Scholl said these developments are never tasteful with adjacent property
owners because they get used to having a vacant lot next to them, no shade on the beach, a
nice view, and the fact that Sands Pointe was built a long time ago when the land was at a
premium and so the garage is actually on the beachfront and creates a buffer between this
project and the Sands Pointe tower itself What bothers him is when he thinks the adjacent
property owners has not had a good process, or the developer has not been proactive about
reaching out to the adjacent property owners. Unfortunately with Mr. Book being hired
yesterday, he knows that the adjacent property owners had a lawyer involved in the process
and they have looked at it. In this case, the project is as of right, and clearly the developers
have complied with every ounce of our Code. Every project when it gets built can have an
6
Summary Minutes:Special City Commission Meeting January 8,2013 Sunny Isles Beach,Florida
engineering anomaly that can effect any adjacent property owner. We are building a pier right
next to La Perla within five feet of their pool, and so we can have issues there. Dennis
Giordano is in the audience and he knows that we have had to deal with some of that with the
adjacent property owner. And so that is why you have insurance, there will be a reputable
contractor, and he thinks it will take care of itself over time. The developer hired a world
renowned architect and so the adjacent property owners should be happy that they have the
quality of architecture right next door to their building. There has been extra time for the
adjacent property owners to meet,it is very difficult for anyone to be happy when a big tower
is going to get built next to their house but it sounds like there has been some mitigation
proposed, and so with that he is in support of this project. Commissioner Levin was very
impressed with the presentation, and is also in support of this project.
Mayor Edelcup said it sounds like everyone is please with this project,he certainly is. From
past experience,the previous Jade buildings have been a tremendous asset into developing our
City into Florida's Riviera and he knows this project will likewise do that for us. It is a
magnificent project and we are very fortunate to have a world renowned architect to design it,
and he is assured that Mr. Defortuna will work with the people on either side to ensure the
safety of their properties. He would also like to make sure that people recognize that our own
City Building Officials will be monitoring these projects alongside the developer,and so we
don't only have the developer watching himself but we also have the City watching the
development to provide that additional independent safeguard for everyone.
Commissioner Scholl moved and Commissioner Gatto seconded a motion for approval,
subject to staff conditions. Resolution No. 13-Z-136 was adopted by a roll call vote of 5-
0 in favor.
Vote: Commissioner Gatto yes
Commissioner Levin yes
Commissioner Scholl yes
Vice Mayor Aelion yes
Mayor Edelcup yes
4. RESOLUTIONS
[City Clerk's Note: The following Items 4A and 4B were heard together.]
4A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the Transfer of Development Rights("TDRs")in the Amount of 22,764 Square Feet of
Floor Area and 11 Units to Sunny Isles Beach Associates,LLC (a/k/a Jade Signature)
for the Property Located at 16875 and 16901 Collins Avenue from the Private TDR
Bank Account;Approving Assignment Agreement between Abus,LLC and Sunny Isles
Beach Associates, LLC; Directing the Zoning Administrator or Designee to Transfer the
TDRs From the Private Bank Account in Accordance with Zoning Resolution No. 13-Z-136;
Authorizing the Adjustment and Modification of the Private TDR Bank; Providing the City
Manager with the Authority To Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
(Deferred from 12/20/12)
Action: City Clerk Hines read the title, and City Planner Claudia Hasbun reported.
7
Summary Minutes:Special City Commission Meeting January 8,2013 Sunny Isles Beach,Florida
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
resolution. Resolution No. 2013-2013 was adopted by a voice vote of 5-0 in favor.
4B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the Transfer of Development Rights("TDRs")in the Amount of 126,737 Square Feet of
Floor Area and 70 Units from a Private TDR Bank Account Owned by Sunny Isles
Beach Associates,LLC to the Project Known as Jade Signature Located at 16875 and
16901 Collins Avenue from the Private TDR Bank Account; Directing the Zoning
Administrator or Designee to Assign the TDRs from the Private Bank Account in
Accordance with Zoning Resolution No. 13-Z-136; Authorizing the Adjustment and
Modification of the Private TDR Bank; Providing the City Manager with the Authority To
Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
(Deferred from 12/20/12)
Action: City Clerk Hines read the title, and City Planner Claudia Hasbun reported.
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
resolution. Resolution No. 2013-2014 was adopted by a voice vote of 5-0 in favor.
4C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Award of Bid No. 12-10-01 to and Entering into an Agreement with JVA Engineering
for Newport Fishing Pier and Restaurant Utilities, in an Amount Not to Exceed
$186,830.00, 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; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Engineer Helen Gray reported.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2013-201.5 was adopted by a voice vote of 5-0 in favor.
5. ADJOURNMENT
Mayor Edelcup adjourned the meeting at 6:42 p.m.
Respectfully submitted by: Approved by the City Commission on Jan. 17, 2013
1 /
Jane A. Hines, CMC, City Clerk n S. Edelcup, Mayor
•
8
Preview Page 1 of 1
SNr �E City of Sunny Isles Beach
,7 18070 Collins Avenue
Sunny Isles Beach,Florida 33160
S p 1 v.* (305)947-0606 City Hall
e �• FLOR\
c`r,, o, S J„ � ° (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Jane A. Hines, CMC, City Clerk
DATE: 1/17/2013
RE: Summary Minutes for the January 8, 2013 City Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the January 8, 2013
Special City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
• Summary Minutes
http://sibagenda.sibfl.net/Agenda/Preview.aspx?ItemID=959&MeetingID=O&MeetingDate... 1/11/2013