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 doesn't change at all whether he has that setback or not, he could have widen the building or increased the pedestal to five stories to make up the unit count, so really the unit count is not being changed, the consideration for doing the setback up top was to do this unique design that would not only put this building further away then the required setback is today, it would feel lighter on the street. Commissioner Iglesias said that engineering is site specific, you can't generalize it, so the fact that we approve a variance, doesn't mean we will approve a variance someplace else. He said in this particular case, what Mr. Milton said is correct, you have certain balance, and when we did the Town Center, we wanted to develop a standard, but a standard means exactly that, the standard way that you design, it is not sites specific, and occasionally you have to come back and provide for a variation in that design, and regarding Commissioner Goodman's comments on egress and ingress, the ultimate say is from FDOT, because it is a State road. Mayor Edelcup asked if the lighting on the pictures are incorporated within these plans, and Planning and Zoning Administrator Vera said that the lighting and landscaping will coincide together with our Streetscape that we are doing along Sunny Isles Boulevard. Mayor Edelcup said we are listening to this tonight and are ready to take some action but there are a couple of things that our Code requires us to do that we won't be able to complete tonight so we will wind up continuing this because our Code requires that at the time of the site plan approval that the TDRs are agreed to as to purchase price, and within three days from the time of approval that there is a 10% deposit. Mr. Schulman said that staff indicated that the Commission would be approving tonight, the acceptance of this as a receiving site for purposes of receiving the TDRs but that a subsequent application would have to be filed and approved for public hearing, and this is condition No. 6 of the recommendation. Mayor Edelcup said he believes that staff was in error if that is the condition that they set down because our ordinance very clearly states that we cannot approve it unless we are approving the TDRs, the price, and the 10% payment within three days from approval, so he said he is not saying that we are not going to approve tonight but all that he is saying is that those are conditions that are going to have to be put on, and Mr. Schulman said that the conditions would come back to the Commission for that, and Mayor Edelcup said they would have to come back within 30 days because he doesn't want this to be a situation where you get conditional approval up here and then the TDRs thing is setting out there for three months to two years, it all has to be tied in together. Mr. Schulman said they submitted their appraisal at the time oftheir application. Planning and Zoning Administrator Vera said that the appraisal has to come from the City, they have ordered it, and it should be here any time. Vice Mayor Thaler said that there is something else missing, and that is the color. He said we have a relatively new ordinance that was put into effect that we get here the color at the same time and he has not seen it, the color and some swatches. Mr. Milton said they have met with staff and all of the colors specifications that are in the Code are the ones that they are following. Mayor Edelcup said if it was in the documents, the pictures are not part of the record. Mr. Schulman said if the Commission would like to add a condition that at the time they come back on the TDRs that they will bring the final color palette back. City Attorney Dannheisser said that they could make all the drawings a part of an exhibit, and Mr. Schulman said yes they can do that and that would take care of the lighting and the color. Mayor Edelcup opened the public hearing. Doris Kline said she was concerned about the 4