2005 0414 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting April 14, 2005 City of Sunny Isles Beach, Florida 1 OB.2A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Transfer of Development Rights ("TDRs") in the Amount of 59 Dwelling Units and 129,216 Square Feet of Floor Area to Fortune Ocean, LLLP, A Florida Limited Liability Partnership ("Fortune Ocean") per Application No. Z2004-09 for a Residential Condominium Project to be Located at 17121 Collins Avenue to be Known as "Jade Beach II," from the TDR Bank Established for 17200 Collins Avenue, Ltd. (the "Casino Property"); Directing the Planning and Zoning Administrator or Designee to Transfer 59 Dwelling Units and 129,216 Square Feet of Floor Area from the TDR Bank to Fortune Ocean in Accordance with Resolution No. 05-Z-89; Acceptance of Consent from the Casino Property Attached hereto as Exhibit "A"; Authorizing the Adjustment of the TDR Bank by the Planning and Zoning Administrator or Designee; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; and Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Dannheisser reported that this resolution is ministerial in nature and is subject to the proper corporate signatories. Public Speakers: none Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2005-785 was adopted by a voice vote of 5-0 in favor. 10C.1 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Conditionally Approving the Zoning Application Submitted by Benge Enterprises, Inc., LSB Investments, Sunny Isles Beach Entertainment Corp. and Franco Posteraro and Domenico Figlia, (Z2004-07), for Transfer of Development Rights ("TDRs"), in the Amount of 65 Dwelling Units and 12,023 Square Feet of Floor Area, Pursuant to Section 265-23 of the City's Land Development Regulations (LDR's), and Site Plan Approval, Pursuant to Section 265-18 of the LDR's, to Permit the Development of Three Condominium Towers with a Total of 283-Residential Units, on the Property Located at 150 - 260 Sunny Isles Boulevard, Subject to Conditions; and Providing for an Effective Date. Action: City Clerk Hines read the title. Mayor Edelcup said in accordance with our new Ex- Parte Rules of Disclosure, he is disclosing that Jose Milton, Sr. came to see him regarding this matter and he told him that he could not discuss it with him because it was a zoning matter coming before the Commission. City Attorney Dannheisser reported that this Resolution No. 05-Z-91 was adopted on March 22, 2005 and is now coming back to the Commission for their final conditional approval, as a ministerial nature. She said that approval ofthis resolution which is the site plan approval was subject to three items: 1) that the applicant agreed to the TDRs and the price of those TDRs; 2) presentation of the color palette; and, 3) the clarification ofthe number ofthe required disabled spaces for the project. Public Speakers: Mario Garcia-Serra, Esq. Mario Garcia-Serra, Esq., representing the applicant, reported. Vice Mayor Thaler asked what the number of handicapped parking spaces was and Planning and Zoning Administrator Vera reported that there are nine parking spaces instead of the eight that they had. 8