The URL can be used to link to this page

Home My WebLink About2000-0921 Special City Commission Meeting SUMMARY MINUTES SPECIAL CITY COMMISSION MEETING Thursday, September 21, 2000, 6:00 p.m. • CITY OF SUNNY ISLES BEACH, FLORIDA ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO LOBBYING. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 6:04 p.m., with the following officials present: • Mayor David Samson Vice Mayor Connie Morrow Commissioner Danny Iglesias Commissioner Lila Kauffman Commissioner Irving Turetsky City Manager Christopher J. Russo City Attorney Lynn Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: Mayor Samson led the Pledge of Allegiance to the flag. 2A. ADDITIONS TO AGENDA Action: Commissioner Turetsky moved and Vice Mayor Morrow seconded a motion to add-on item 4C. The motion was approved by voice vote of 5-0 in favor. 3. ORDINANCES FOR FIRST READING 3A. Comprehensive Plan Ordinance (Public Hearing) An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Adopting the City of Sunny Isles Beach, Florida, Comprehensive Plan Attached as Exhibit "A" Pursuant to the Provisions of Section 163.3161, Florida Statutes, Known as the Local Government Comprehensive Planning and Land Development Regulation Act;Providing for Transmittal and Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Community Planning and Development Director Marla Dumas presented her report. [City Clerk's Note:A Petition was submitted for the record.] Public Speakers: Marla Dumas; Jack Luft; Gerry Goodman; Cecile Sippin; Ellen Wynne; Jeffrey Bercow, Esq.; Phillip Chemoff Jack Lull noted that the State had required the inclusion of a Disaster Recovery Plan. He also reviewed concurrency issues. Mr. Lull discussed the issue of a possible future bridge Summary Minutes:Special City Commission Meeting September 21,2000 Sunny Isles Beach,Florida for the extension of North Bay Road from 172nd Street to 174t Street referenced in policy 5C. He stated that the only place for a pathway, bikeway other than Collins Avenue would be North Bay Road. The language was amended to delete"emergency vehicles, and the City's transit circular" and inserted"bicycles and pedestrians and the handicapped,"; and inserted "and shall provide for full security gate closures at hours deemed appropriate by the Police Department to protect public safety and security." Jeffrey Bercow, Esq. representing: Blue Seas Assoc., and Tangiers Associates, LLC, expressed concern regarding the projects that had previously been approved under the existing RU-4A Ordinance. In response Commissioner Iglesias read an amendment for policy 16F: "Approvals Not Specifically Depicted on the Future Land Use Map. Many existing uses and zoning classifications are not specifically depicted on the Future Land Use map. Within each map category numerous land uses, zoning classifications and housing types may occur. This is due largely to graphic limitations and provisions for a variety of uses to occur in each Future Land Use Category. Subject to the limitations of Sunny Isles Beach Ordinance No. 98-52, and thereafter the final adoption of the accompanying land development regulations, all existing law for uses and zoning approvals are deemed to be consistent with the comprehensive plan unless such a use or zoning (a) is found through a subsequent planning study not to conform with the conditions, criteria or standards for approval of such a use or zoning in the applicable Future Land Use map category;or,(b)the use or zoning is or would be incompatible, as determined by the City,or has, or would have an unfavorable effect on the surrounding area in terms of impact on government facilities or resources, impact on environmental resources, or would tend to create a nuisance; and(c)the implementation of such a finding will not result in a temporary or permanent taking or in the abrogation of vested rights as set fourth in this Objective." Commissioner Kauffinan moved and Commissioner Iglesias seconded a motion to approve the amended proposal on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading,public hearing will be held on Thursday,October 5,2000, at 5:01 p.m. Vote: Commissioner Iglesias Les Commissioner Kauffman y Commissioner Turetsky y Vice Mayor Morrow ves Mayor Samson ves 4. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 4A. Request of Five Seas Investors, Inc., Owner of the Property Located at 16701 Collins Avenue for the Following: (Hearing #Z2000-06) 1. Modification of Condition 1 (B) of Resolution 98-Z-21 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 17'h of September, 2 Summary Minutes:Special City Commission Meeting September 21,2000 Sunny Isles Beach,Florida 1998 reading as follows: From 1 (B): That in the approval of the plan the same be in accordance with that submitted for the hearing entitled"Westgate Condominium"prepared by Kobi Karp consisting of 31 sheets dated 7/10/98 and landscape plans prepared by Witkin Design Group dated 7/14/98 consisting of 3 sheets. To: That in the approval of the plan the same be in accordance with that submitted for the hearing entitled "Newport Beach Tower",prepared by Kobi Karp consisting of 14 sheets dated 7/7/2000. 2. Non Use Variance of Landscaping requirements to permit 14% landscaping (17.22% landscaping required). The purpose of this request is to allow the applicant to submit revised plans for the previously approved condominium hotel. Protests 1 Waivers 0 Ex-Parte 1 Action: (Continued from 9/14/00)[City Clerk's Note:Jorge Vera distributed a memorandum at the meeting.] Mayor Samson read a statement regarding procedure and decorum. City Clerk Brown- Morilla read the applicant's name, hearing number, and asked if there were any ex-parte disclosures, and none were announced. Public Speakers: Stanley Price, Esq.; Marla Dumas; Jorge Vera; Gerry Goodman Mr. Price speaking for the developer, said they are reducing the parking facility to be only six stories in height. He agreed to build the original parking garage across the street,and will come back to amend the previously approved variance request. They are not seeking to reduce the number of committed parking spaces. In response to Commissioner Iglesias' request that the parking garage on the west side of Collins Avenue be built so that it could structurally support the addition of more levels above(to perhaps accommodate a hotel),Mr. Price indicated that the developer would do so. Jorge Vera had 15 zoning conditions, and Iviarla Dumas had 10 planning conditions. Mr. Price said he had some concerns about certain conditions: Vera agreed that condition#6 can be taken out,#15 delete the word"apartment!'leaving it as"hotel."Mr.Price said that re#8 the developer needs 30 days instead of 15 days to submit the covenants. Mr.Price said they are withdrawing the landscaping variance request (request #2). City Attorney Dannheisser noted that the applicant has agreed that in the event the property appraiser puts the property on the tax rolls, the applicant will, at its sole expense, be obligated to contest and pay any property tax that may become due. Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to approve the application with staff conditions, as amended. The motion was approved as 3 Summary Minutes:Special City Commission Meeting September 21,2000 Sunny Isles Beach,Florida Resolution No. 2000-Z-53, by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias y Commissioner Kauffman yes Commissioner Turetsky y Vice Mayor Morrow yes Mayor Samson 4B. Request of Crescent Heights XLIV, Inc., Owner of the Property Located at the Northwest Corner of 192nd Street and Collins Avenue for the Following: (Hearing #Z2000-08) 1. Modification of Condition 1 (F) of Resolution 98-Z-23 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 8th of October, 1998 reading as follows: From 1 (F): That in the approval of the plan the same be in accordance with that submitted for the hearing entitled "The Residences of Sunny Isles Beach", prepared by Joseph B. Kaller and Associates dated stamped received 4/7/98 consisting of 6 sheets. To: That in the approval of the plan the same be in accordance with that submitted for the hearing entitled "New Residences of Sunny Isles", prepared by the applicant date received 7/9/00 consisting of 5 sheets. The purpose of this request is to allow the applicant to submit revised plans for only a nursing home. The previously approved plan was for a nursing home and a home for the aged. 2. Non Use Variance of Parking requirements to permit 398 parking spaces(a total of 733 parking spaces required [603 parking spaces for the Ramada and 130 parking spaces for Crescent Heights]). Protests 0 Waivers 0 Ex-Parte 0 Action: (Continued from 9/14/00) City Clerk Brown-Morilla read the applicant's name, hearing number, and asked if there were any ex-parte disclosures. Public Speakers: Abraham Galbut; Marla Dumas; John Lesalis; Jorge Vera; Richard Schecter; Dr. William Zubkoff Marla Dumas addressed the planning concerns regarding landscaping. Commissioner Kauffman asked about the time to begin construction of the adult living facility(ALF), and Ms. Dumas said that it if it would be built, it could take possibly four years. Commissioner Kauffman asked what recourse the City would have if the developer failed to build the ALF and Ms. Dumas said it was a legal issue for our Attorney to address. Ms. Dannheisser sought clarification since it appeared this request excludes an ALF. Mr. Galbut disagreed. 4 Summary Minutes:Special City Commission Meeting September 21,2000 Sunny Isles Beach,Florida Mayor Samson emphasized that the wording of the request needs to be changed to make clear that the ALF is a part of the proposed project. Mayor Samson asked questions regarding vehicular access to the facility. Mr. Galbut agreed to add the wording that requires the developer to build the ALF and to covenant no additional nursing home beds would be added. City Attorney Dannheisser noted that apparently the confusion arises from the fact that there is a discrepancy between the variance application and the plans that were submitted. Mr. Galbut offered to covenant that if they couldn't get financing for an adult living facility, they would not build anything else. Mayor Samson questioned if the property would be deleted from the tax rolls, and he asked the construction manager about parking spaces. Commissioner Iglesias commented that the Zoning Director's concerns about the inadequacy of the parking spaces were very serious. Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to deny the application without prejudice based on staff comments. The motion to deny without prejudice was approved as Resolution No. 2000-Z-54, by a roll call vote of 4-1 in favor (Turetsky). Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Turetsky no Vice Mayor Morrow Mayor Samson yes Commissioner Iglesias moved and Vice Mayor Morrow seconded a motion to waive the six-month re-filing restrictions. The motion was approved by a voice vote of 5-0 in favor. 4C. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting the Final Replat of R.K. Marina Apartments a Replat Portion of Lot 2, Tatum's Ocean Park Co., Plat Book 10, Page 64, and All of Lots 14,15,16,17 and 18, South Shore Estates, Plat Book 52,Page 69,Lying in Section 11,Township 52 South, Range 42 East, Located at North Bay Road, Between 172°d St and Theoretical 170th St.;Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Zoning and Code Administrator Jorge Vera gave his report. Public Speakers: Jorge Vera; Phillip Chemoff; Cecile Sippin Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to approve the resolution. Resolution No. 2000-277 was adopted by a voice vote of 5-0 in favor. 5 Summary Minutes:Special City Commission Meeting September 21,2000 Sunny Isles Beach,Florida 4D. Add-on: Solomon Meyerson, Esq., 17141 Collins Avenue, requested that the timing of traffic lights be changed to provide an additional 29 seconds for pedestrians to cross Collins Avenue, and that the speed limit on Collins be reduced to 30 mph. Commissioner Iglesias noted that FDOT controls the speed on Collins Avenue, and that Miami-Dade County controls the timing of the traffic lights. 4E. Add-on: Steve Lesnick suggested that Gerry Goodman's birthday should be recognized. 5. ADJOURNMENT The meeting was adjourned at 8:40 p.m. Respectfully submitted by: Approved b a e City Commission on October 19, 2000 &ZiAtU4001 • Richard down-Morilla, City Clerk David Samson, May. ;:' ; 6