2005 1117 Regular City Commission Meeting

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- Summary Minutes: Regular City Commission Meeting November 17,2005 City of Sunny Isles Beach, Florida 1. Pursuant to Section 265-35(D) (8) of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting to waive the Beach Access Easement requirement under the code. 2. Pursuant to Section 265-46(A)( 4) of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting to permit 100% tandem parking (20% tandem parking permitted). 3. Pursuant to Section 265-23 ofthe City of Sunny Isles Beach Land Development Regulations the applicant is requesting the transfer of 42,368 square feet of development rights. An adjustment to be made for a decrease of 42,368 square feet and 25 units from the City's Transferable Development Rights Bank. 4. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations the applicant is requesting a site plan approval for 27 stories, 69-unit condominium. Protests 0 Waivers 0 Ex Parte ~ Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum andCityClerk Hines read a disclaimer for the Zoning hearing, and read the applicant's name, hearing number, location and administered the oath to the witnesses for the Zoning hearing. Assistant City Manager Jorge Vera reported and recommended approval with conditions. He stated that this is a 100-foot lot located between Ocean 4 and Jade 2 with the overall height of27 stories and containing 69 units. Public Speakers: Simon Ferro, Esq.; Kobi Karp, Architect [City Clerk's Note: Simon Ferro, Esq., representing the applicant, asked to hear Item 6B first as they were still waiting on some exhibits to arrive.] Mr. Ferro reported that this property is currently being used as Desert Inn which is a 55-unit motel. He briefly went over the four requests, and presented a time line to show the reasons for a variance and showing how they satisfied the hardship requirement under the Code. He said the contract to purchase the property was signed prior to the new Florida Fire Prevention Code took effect which has a severe impact on the development on the size of the property and so it occurred after they became vested on the contract. Mr. Ferro stated that they had purchased the property before the tandem parking requirements changed from 100% to 20%. He said if the tandem parking requirement didn't change, they would have been able to build the project as-of-right. He said they have a very severe hardship, not only because of the change in the Code after they had purchased the property, but also because of the prior ordinance which came into effect five days before they closed on the property but they were already obligated to close on. Mr. Ferro said the property is 102-feet wide and it has a varying depth of366-376 feet, and located in the mixed use resort, the MUR zoning district, and is designated mixed use high density resort, to the north abuts a 157 -unit residential complex and to the south a planned residential condominium tower that is under construction. He said that they are proposing to develop the property with a 27-story oceanfront residential condominium tower with a total density of 69 dwelling units. He said the applicant will pay the City $3.9 Million for the TDRs and $700,000.00 for the FAR bonuses, and he distributed to the City Clerk and City Attorney a packet of copies of pertinent documents for this development including copies of 3