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 story office building with 55,749 square feet,previously approved for a residential tower under Resolution No. 06-Z-101, adopted on July 20, 2006. 2. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to permit a pedestal to tower front setback to be 20'-0",where a minimum of 25'-0"is allowed in accordance with Section 265-38 (Summary Chart B) of the Land Development Regulations. 3. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for two residential towers which contained a combined 329 units and with a total of 637,887 FAR square feet. 4. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations,the Applicant is requesting to approve the utilization of TDRs from the TDR Bank of the City in the amount of 94,680 square feet of development rights and 45 dwelling units for the two residential towers 5. 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 a temporary construction fence. (Deferred from 8/21/12 and 10/18/12) Protests 2 Waivers 0 Ex Parte 0 Action: [City Clerk's Note: Protest Letters were received from Raanan Katz and Dr. Reza Nejad.] 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. City Planner Claudia Hasbun reported noting that this application was deferred at the August 21, 2012 and October 18, 2012 Commission meetings, and the application has been re-noticed. Phase I is already existing, Towers 1,2, and 3. Phase II is the proposed residential Towers 4 and 5, and Phase III is the proposed office building. At this time staff finds that the setback variance requested for Phase III,the Office Building,may be justified due to the depth of the lot and the proposed usage of the structure and has no objections with the Applicant's variance request. Staff also finds the use of murals and graphics on temporary construction fencing is warranted. Staff finds that the application is generally consistent with the City's Comprehensive Plan and the Land Development Regulations,and has no objections to the site plan application providing that all the conditions in the report are satisfied. Also if the Commission approves the site plan,staff has no objections to the TDRs assignment provided that all the conditions for the site plan are satisfied. The City and the Applicant have agreed on $20 per square feet of TDRs, the TDR purchase amount is $1,893,600.00 and the Applicant shall provide the City with a deposit of$189,360 to be deposited within three (3) days after this application is approved. Public Speakers: Cliff Schulman, Esq.; Eduardo Castineira; John Higgins; Marianna Talalaevsky; Joseph Milton Cliff Schulman, Esq. representing St. Tropez on the Bay: Phases II & III, for the Property Located at 290-330 Sunny Isles Boulevard& 16690 Collins Avenue. He said they are very pleased and proud on behalf of Joseph Milton to be working on both sides of the gateway to 9