2005 0908 Regular City Commission Meeting

Home Browse Search

Summary Minutes: Regular City Commission Meeting September 8, 2005 City of Sunny Isles Beach, Florida to do with any of the applications here, the concept of the rescue station was Mr. Vera asking if Crescent Heights would help the City out in some way, shape or form and it wasn't the first time, there were many instances such as to develop this place for a bus, an access, a place for voting, and whenever the City came to them they volunteered to help the City out, it had nothing to do with anything that happened here as it relates to the fire rescue. He said as it relates to this instance there has been a lot of legalese and there is really no need for any legalese it is really all side issues, and Crescent Heights was building the nursing home for the Hebrew Home, and the reason it was such a issue was because the Commission and the people here did not want a nursing home in this community. He said the Hebrew Home did not want to go into an area that they did not feel welcome in and they went away and during that time the administration of Healthcare Finance in Tallahassee wanted to proceed with legal action and it was Crescent Heights that said hold on, we don't want any legal action, and their only purpose is to develop real estate. He said any building they build here they would have to bring back before the Commission and what they are asking for tonight is for the Commission to give them the same rights for this property that everyone has in this City. Vice Mayor Thaler said that most people that come here do not have a restrictive clause, and he is asking for a restrictive clause to have 37.5 feet to be taken off so that he can come in and build a building there as high as 190-feet. Mr. Galbut said that is correct, it is his legal right. Mayor Edelcup said what Mr. Galbut is saying is that he wants to come in and start from square one again since he did not build the nursing home, to come back for what he would normally have. He said he will come back and give the Commission a site plan and determine whether or not to approve that site plan, and in a sense of fairness, we are still keeping the restriction on for parking but we are saying to him that we are going to treat him as though he were a first time applier to this Commission for a site plan with the proviso that he still has to provide the parking for the Marco Polo. He asked Mr. Vera if this is in anyway contravening any zoning ordinance that we presently have if we were to grant this removal of restriction, and Mr. Vera said he did not think so that he would refer to Council but they would have to come back and if there are any new covenants to be placed on it, it would be placed with the new development that is going to be brought before the Commission. Commissioner Iglesias said that if they wanted to do a nursing home those are the requirements that have to be met, you simply said you are not going to do a nursing home because of whatever a prior Commission said, so he said he would have to agree with Mayor Edelcup on this. City Attorney Ottinot said that they have to comply with our Code. Commissioner Goodman asked Mr. Vera if they once tried to build a building on that property other than the nursing home and DOT refused them next to the William Lehman Causeway, and Mr. Vera said no, and Mayor Edelcup and Commissioner Brezin said it has no relevance to this decision. Commissioner Brezin said it is clear to her that what they are asking for actually is partial and that the parking that is now there will remain as is and Mr. Galbut said that is correct. Vice Mayor Thaler said they are picking and choosing what they want and he objects to that. Commissioner Iglesias moved and Mayor Edelcup passed the gavel and seconded a motion to approve the resolution. Resolution No. 2005-828 was adopted by a voice vote of3-2 in favor (Vice Mayor Thaler and Commissioner Goodman against). 11