2005 0908 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting September 8, 2005 City of Sunny Isles Beach, Florida Polo so they recognize that it is required parking and is memorialized in a separate resolution, and that we are only dealing specifically and uniquely with the nursing home site plan. Commissioner Goodman said when they originally came and they wanted to build a nursing home and were required to not only build the nursing home but they had to give the City a guarantee that with the nursing home they were going to build an assistance living facility and at that particular time the City was considering approving it because ofthe conditions of that particular area at that time and that Mr. Galbut offered the City a piece of property to build a rescue station on the northern end of the property, the nursing home was to be built first and then the assistance living facility and that is when they backed out and subsequently after that he believes that they came back with plans to build a building there, and now that the area has changed a little, this is why he is concerned about the density of this, and Mayor Edelcup said that would come back to the Commission under the site plan. Commissioner Brezin asked if the time expires and the agreement is no longer in effect then for what reason are they coming before the Commission tonight if, as Mr. Kasdin stated, it is not necessary according to what he said, once the time has expired it would revert back to its original zoning properties. Mr. Kasdin said because this covenant was recorded in the public records and therefore it becomes a cloud-on title, and when they look at the history of this property they see these restrictions on the property and just by reading the document they don't know that these restrictions are null and void, so they need another piece of paper that says that these restrictions no longer apply, so it is strictly a matter of clearing title, it is a cloud-on title and it is something that must be done. City Attorney Ottinot said that he agrees with Mr. Kasdin that it is a cloud-on title but he disagrees that it is a mere technicality because if you read the covenant it clearly states that it is for the benefit of the public and that it has to be released by the City Commission. Mayor Ede1cup said that the reason for that was for a nursing home that never got built. City Attorney Ottinot said there were two reasons, one was for the nursing home and the other was the Ramada, and the Ramada resolution specifies that the parking spaces has to be designated on that site, Tract D. Mayor Edelcup said we are not releasing that tonight so that issue is still something that has to be addressed at a future hearing and that the only thing we are talking about tonight is whether or not there is a requirement for an exemption of the height, the parking is still required under the original 1998 agreement and they are not asking for that to be removed. City Attorney Ottinot said that the Commission is the only body that has the authority to release the covenant and his argument is that it is a mere technicality and is terminated by operational law is incorrect. City Manager Russo asked if the nursing home was that far out of whack with what the normal zoning was on this site that these conditions were made for them to be able to get that. Commissioner Iglesias said no but that there was a strong opposition to putting a nursing home in the area. Planning and Zoning Administrator Jorge Vera said that one ofthe reasons why this condition was placed upon this nursing home because there was a private condition of a declaration of restrictions between the property owners to the west ofthis land and that is where this height came about. Russell Galbut said he wanted to correct the record, the idea of a rescue station had nothing 10