2006 1019 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida of development rights. An adjustment shall be made to the TDR sub-accounts owned by Urbis and Key International, LLLP. for a decrease of 81,675 square feet and 45 dwelling units, and Fort Apache Marina, LLC. of 1,815 square feet and 1 dwelling unit, from the TDR Bank commonly known as the Porto Bellagio Tract "B" Transferable Development Rights Bank. 3. The applicant is requesting a variance from the requirements of Code Section 265-37 "Summary Chart B Town Center Sub-District: Building Massing by Street-Type" to permit the penthouse portion of the tower to setback to zero (0' -0") feet (20' -00" feet required) from all sides. 4. The applicant is requesting a variance from the requirements of Code Section 265-37 "Summary Chart B Town Center Sub-District: Building Massing by Street-Type" to permit the portion of the tower to setback from the pedestal on the interior side west side to zero (0' -0") feet (25' -0" feet required). 5. A variance from the Code Section 265-35(9)(a)[1] to permit a height of 200'-0" feet (194' -0" feet permitted). Protests 0 Waivers 0 Ex Parte ~ Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to the witnesses for the Zoning hearing. City Attorney Ottinot asked if there were any Ex Parte disclosures, and Mayor Edelcup disclosed that he spoke to Mr. Helfman and Lynn Dannheisser a couple of months ago which was just a general discussion including what type of variance would be presented and no decisions were formulated at that meeting; Commissioner Goodman said he met with Steve Helfman, he listened to him regarding the project but had no discussion with him; Commissioner Iglesias met with Lynn Dannheisser no discussion made; and Commissioner Thaler the same. Assistant City Manager Jorge Vera reported. Public Speakers: Stephen Helfman, Esq.; Kobi Karp, Architect Stephen Helfman, Esq., representing the applicant, reported that this is a 2.5 acre site, the former site of the Fort Apache Marina. He noted that it is on the south side of Sunny Isles Beach Boulevard, on the southerly boundary ofthe Town Center District in the area called the South Edge, and he presented an aerial map of the site. He said this includes residential within the towers with a unique blend of units, and they have wrapped units around the pedestal which are walkup townhome units along the water's edge, where you walk right onto a boardwalk which is the entire frontage of the property along the waters edge. He said that same boardwalk wraps around the building and up to Sunny Isles Beach Boulevard, and they are hopeful that the boardwalk will continue through the W ASA site, noting that they have been in negotiations with W ASA to try to make that happen. Mr. Helfman said they have a retail component along the street's edge, there is a spa that will be open to the public as well as the residents of the building, a restaurant within the building that is fully accessible to the public from the street with views to the water. He said the unique part ofthe project is that it incorporates a marina, in addition to 18 wet slips, there will be a dry slip, dry dock marina building which will have 80 additional slips, and is accessible to the public. He said inside the unit is a smart pad, if you want to go out on your boat, you would push a button within the 3