Laserfiche WebLink
Summary Minutes:Regular City Commission Meeting July 16,2015 City of Sunny Isles Beach,Florida <br /> traffic that we have with Denny's, one to one to what is presented tonight, his statement <br /> stands. Had it been the scenario of two months ago, no, it would not have stood mainly <br /> because of the restaurant. He just wanted to make sure if we approve this that they <br /> won't come back six (6) months later to change the use of the office space to a restaurant. <br /> He was just concerned maybe not about the immediate future but a later future, and so the <br /> City Attorney is just making sure that there is a stipulation that there is nolend of perpetuity <br /> with the site plan approval that there is no future use for a retail restaurant there. Mr. <br /> Wasserman said they are okay with that site plan approval. <br /> Commissioner Goldman said we inherited a certain Zoning Code, and we can also create. <br /> Basically, we are stuck with what we have in terms of this Application.' She believes that <br /> the developer has really gone the extra mile and has done everything that is humanly <br /> possible to satisfy the Code Requirements. She also commended her fellow Commissioners <br /> and Mayor for what appears to be a paradigm shift in terms of how this Commission is really <br /> approaching west-side development and looking at it and saying we arelnot going to just <br /> rubber stamp every project. We are looking to mitigate as much as possible traffic impact, <br /> we are looking to mitigate height issues with our new Ordinance, we are looking for ways <br /> to reduce as much as possible those issues that we are confronting as a growing and thriving <br /> municipality. Hopefully this paradigm shift will remain and will continue to address the <br /> concerns that the residents here have over development and the quality of life. That being <br /> said, she is pleased to see that the developer has met with all of the issue and addressed all <br /> of those concerns, and put that good foot forward. Frankly, to thel extent that this <br /> Commission does not approve this project, to her it is a risk management factor. Looking <br /> at this in terms of what is the best benefit to the City, she supports this project. <br /> Mayor Scholl said we hammered this developer for a lack of a better to I. but the fact is <br /> that Luis Diagostino of the Pinnacle had talked about setting a preceder t', the argument is <br /> we have set a precedent which is we took away TDRs for west-side development. It is the <br /> first time we have approved a development without TDRs. Setting a precedent in the terms <br /> of what you are talking about means we are going to do something extraordinary outside of <br /> our Code with some extra approvals that will then carry forward. The irony of this one is <br /> as Commissioner Goldman had stated, this is the Code that we inherited)and the fact is we <br /> don't really have the position to turn down as-of-right projects necessarily. Traditionally, <br /> projects come in fully loaded meaning that they come in with their I 4s-of-right based <br /> development plan, with as many TDRs as they can purchase, and then they ask for several <br /> variances. The fact is that the Pinnacle, the King David, most of the projects in that area, <br /> that is how they were developed, under that scenario. It is tough for the developer because <br /> in looking at the historic pattern in the City of how we have approved'things, and they <br /> designed their project accordingly and they spend hundreds of thousands of dollars in <br /> architectural costs, etc., and they come in and then we hand their head to them. To their <br /> credit, they took it with a grain of salt, they listened to the Commission and the community <br /> and they went back and redesigned the project. Talk about mitigating traffic, that is one <br /> traffic mitigation technique which is by lowering the density. As Vice!Mayor Gatto was <br /> talking about, we are doing some larger traffic studies now, and she would like to see the <br /> results of those studies and probably put a moratorium on development until we get those, <br /> but he thinks that is impractical however he understands her point. He thinks Commissioner <br /> Aelion brought up a very good point. The retail traffic and the number of turns into Denny's <br /> on any given day is substantially going to be worse than this condominium, especially now <br /> that they have done away with the restaurant. They are going to have some office space <br /> 7 <br />