2012-1115 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting November 15,2012 City of Sunny Isles Beach,Florida 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations,the Applicant is requesting to approve the utilization of private TDRs in the amount of 51,287 square feet of development rights and 20 dwelling units. 3. Pursuant to Section 265-35(D)(8) of the City of Sunny Isles Beach Land Development Regulations,the Applicant is requesting a waiver of the required beach access easement for public safety reasons. 4. Pursuant to Section 265-63.3 (G) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the use of graphics and murals on temporary construction fencing. Protests 2 Waivers 0 Ex Parte 4 Action: [City Clerk's Note: Two Protest Letters were received from Boris Tarlo, Ocean 4 Board President.] Mayor Edelcup gave opening remarks on zoning procedures/decorum. City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to witnesses.Ex Parte communications disclosures were made by: Vice Mayor Thaler who had met with the President of the Ocean Four Association this afternoon; Commissioner Aelion disclosed that he had meetings with staff and board members of Ocean Four;Commissioner Scholl disclosed that he responded to several emails from Ocean Four; and Commissioner Gatto disclosed that she responded to a phone call and an email from Ocean Four. City Planner Claudia Hasbun reported that originally this was the DaVinci Project approved in 2005 which had a greater number of units than the current proposal. She noted that there are no variances being requested as part of this application. At this time staff finds the application is generally consistent with the Land Development Regulations and the Comprehensive Plan. Staff also finds that the beach access waiver is appropriate due to the fact that there are existing beach access points adjacent to this property both to the south and to the north, and the creation of a new beach access at mid block would be a safety hazard. Staff finds that use of graphics and murals on temporary construction fencing is warranted. Staff also finds that the applicant is in compliance with the art and public places requirements through architectural embellishments at the building and at the site. If directed by the City Commission, staff will create a private TDR bank account in favor of Palermo Beach LLC. At this time staff has no objections with the Applicant's request. Public Speakers: Cliff Schulman, Esq.; Kobi Karp; Carlos Gimenez; Boris Tarlo; Lilia Rosenstein; Nicholas Rosenstein Cliff Schulman,Esq. representing Unique for the property located at 17141 Collins Avenue, said that the Unique project is one of those 100-foot lots where the beach at the back end of the property narrows, while most of the beachfront in Sunny Isles Beach is about 400 feet of depth,this property is only 350 feet of depth. He compared this proposed project against the DaVinci project. They were permitted to build 88 units on this site but have chosen to build 64 units,with their height at 560 feet,however the FAA limit is 649 feet. Their bonuses come out to about $2.3 Million that would be payable to the City. In asking for the waiver, they want to express their thanks to the City by way of mitigation,and so they have volunteered to also make a gift to the Trust Fund of the Norman S. Edelcup School of$50,000 to be made within the next 15 days after approval. They have also agreed to make an additional mitigation payment to the City over a three-year period of$700,000 for a total of$750,000. 3