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• <br /> Summary Minutes:Regular City Commission Meeting Febmary 19,2015 City of Sunny Isles Beach,Florida <br /> 7F. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending <br /> Chapter 265 "Zoning" Section 265-35D(4)(C) to Provide an Option for Design <br /> Flexibility for Lots with Frontage Over 200 Feet or More in Width; Providing for <br /> Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting <br /> Provisions; and Providing for an Effective Date. <br /> Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this <br /> Ordinance was requested by Mayor Scholl. This Ordinance provides options for design <br /> flexibility for development projects within the Mixed Use-Resort District. Specifically the <br /> lots on the east side of Collins Avenue that exceed 200 feet or more in frontage may <br /> participate in the Design Flexibility Program which requires a contribution of S1 Million or <br /> $500,000 for Park improvements and other Capital Improvements. By adopting this <br /> Ordinance the City will treat similar situated properties in the same way. <br /> Public Speakers: None <br /> Mayor Scholl said he requested this because there is an inconsistency in our Code. A while <br /> back we gave incentives for combining lots and if you had a certain frontage you got a certain <br /> incentive. What is interesting is every time we do these types of things we never think of all <br /> the combinations and unintended consequences but what we realized is,if you have the lot <br /> size that the combined lot created, you were stuck under the old Code and didn't get the <br /> benefit of the incentives. The only way you would get the incentive is if you combined two <br /> lots but if you owned or bought a lot that was the same size of the combination of the two, <br /> you were basically impaired under the old Code. This Ordinance cleans up that discrepancy. <br /> Commissioner Aelion said we could maybe increase the fees for variances of setbacks by <br /> $500,000. Mayor Scholl said some folks paid already, and some anticipate paying it. City <br /> Attorney Ottinot said in the proposal it is SI Million and it gives the Commission the right to <br /> amend the fees in the future. Commissioner Levin said that this would only affect anybody <br /> who has not yet submitted a site plan for approval? City Attorney Ottinot said it would be <br /> for anybody who has not been issued a Building Permit. Mayor Scholl said you have to be <br /> careful because you might anticipate your project based on how our Code reads and then <br /> anticipate we were going to fix the issue if you own a lot 200 feet or greater. By upping the <br /> ante he could make an argument that if you haven't submitted your site plan yet but <br /> unfortunately it is punitive on folks that have submitted,you would have separate approval. <br /> Commissioner Aelion said he meant on future plans, anything that has been received as an <br /> Application, dated and stamped by the City would not be applicable. City Attorney Ottinot <br /> suggested to adopt the Ordinance as is and instruct staff to study the fee issue. <br /> Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the <br /> proposed Ordinance on first reading. The motion was approved by a roll call vote of 5- <br /> 0 in favor. Second reading, public hearing will be held on Thursday, March 19, 2015, <br /> at 6:30 p.m. <br /> Vote: Commissioner Aelion yes <br /> Commissioner Goldman yes <br /> Commissioner Levin yes <br /> Vice Mayor Gatto yes <br /> Mayor Scholl yes <br /> 16 <br />