2005 0322 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting March 22, 2005 City of Sunny Isles Beach, Florida 6. ZONING - ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Benge Enterprises, Inc., LSB Investments, Sunny Isles Beach Entertainment Corp. and Franco Posteraro and Domenico Figlia, Owners of the Property Located at 150 - 260 Sunny Isles Boulevard, Sunny Isles Beach, Florida, for the Following: [Hearing #Z2004-07] (St. Tropez on the Bay) 1. Pursuant to Section 265-23 ofthe City of Sunny Isles Beach Land Development Regulations, the applicant is requesting to transfer 12,023 square feet of development rights and 65 units. (An adjustment to be made for a decrease of 112,905 square feet and 65 units from the City's Transferable Development Rights Bank). 2. Pursuant to Section 265-18 ofthe City of Sunny Isles Beach Land Development Regulations, the applicant is requesting a site plan approval for three 19-story, 285-unit condominiums. 3. Variance of Section 265-37 requiring the penthouse portion (top 3 floors) ofthe buildings to setback an additional 20 feet from the tower; to waive same. Protests 0 Waivers 0 Ex-Parte--L Action: City Clerk Hines read a disclaimer for the Zoning hearing, and read the applicant's name, hearing number, location and then administered the oath to the witness for the Zoning hearing. Public Speakers: Clifford Schulman, Esq.; Kobi Karp; Joe Milton; Marianna Talalaevsky; Mary Ann Eicke; Michael Hirsch; Doris Kline; Teresa Lewis Cliff Schulman, Esq., representing the applicant, reported that this is the first project in the Town Center, which is on the south side of Sunny Isles Boulevard. He said it is approximately three acres but it is somewhat unique because it is a very narrow piece of property, about 200- feet wide coming off from Sunny Isles Boulevard, which was a challenge to come up with the development of a mixed-use project. Mr. Schulman noted that the project basically consists ofthree buildings, 283 residential units, one 19-story building, two 20-story buildings all within the height limitations. Mr. Schulman introduced Architect Kobi Karp who presented a scale model and renderings of the project. He said it provides a substantial amount of pedestrian accessibility, plazas, fountains, and lighting, and it becomes an interactive facility. Mr. Schulman said that they have also provided for the public not only to be on the street side of Sunny Isles Boulevard, but they also have a penetration ofthe building for the public onto the waterside. He said there will also be a waterside arcade that will be there so they are utilizing the best of Sunny Isles Beach, the Streetscape and bring people to the water to allow them to have a promenade. He stated that they have no objections to the staff conditions, although he said that one or two of them erroneously referred to each access easement being provided by this developer, but once those are changed they have no objections to the staff conditions. Planning and Zoning Administrator Jorge Vera reported that staff recommends approval of this application. He said under request No.3 which is a variance that is being requested the top three floors not to set back an additional20-feet which is part of the Code. He reported that after a review of it they understand that it is not a variance that is substantiated but staff 2