2003-0717 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting July I7,2003 City of Sunny Isles Beach,Florida else was. Mr. Shubin asked Mr. Vera if he performed a compatibility analysis for purposes of his review of this project comparing this proposed project, as built, with the as-built character of Golden Beach,and Mr. Vera asked what compatibility is there against Golden Beach as all they have are one-story buildings. Mr. Shubin introduced into the record two sets of documents, one dated May 21, 2003 from Jane Hines to him, with Mr. Vera and Mr. Russo copied, and correspondence from Mr. Vera to him, dated June 30, 2003. Mr. Shubin said that in the City's Municipal Charter, Section 4.3(7), there is a provision that requires, as part of the actions requiring an ordinance, that any action to convey or lease or authorize by Administrative action the conveyance or lease of any lands of the City, requires an ordinance to be passed. Mr. Price objected saying that there is an agreement here that there has to be a separate application for transfer of development rights and a separate hearing that has been established, so this is completely irrelevant. Mr. Shubin said that in Mr. Price's application he attempts to retain rights that he had under a previous Administrative Site Plan Review and approval that where you approved a site plan for this site, and Mr. Vera said yes, and Mr. Shubin asked if at the time the Administrative Site Plan Review,had the City passed an Ordinance that created an MU-R District for this property, and Mr. Vera said he would have to look at the date but believes that we were under the MU-R Ordinance. Mr. Shubin asked if there was any notice provided to individuals within 300- feet of that property as was provided tonight, and Mr. Vera said that under Dade County regulations there was no notice requirement because it was an Administrative Site Plan Review and was all done in-house, and the new regulations required that the Site Plan Review also had to go before the Commission. Mr. Shubin asked Mr. Vera if part of his recommendations here tonight, did he take into consideration the fact that he had previously approved without notice, a Site Plan for this property, and Mr. Vera said that he reviewed this as a brand new application coming in under the new LDRs. Mr. Shubin, in conclusion, noted that Mr. Price said that this is an as-of-right project and does not require any variances, but that there are issues created with this as-of-right project. He stated that specifically SIB Ordinance has a 200-foot frontage requirement and asked why, in a Zoning district, that the City would allow tremendous amounts of density, one of the most dense districts in this City, why the City would have a frontage requirement, and he noted that it is because they don't want big buildings with lots of density placed on substandard lots with inadequate frontage and there is no need to make a citation because the law is clear that frontage regulations are legitimate exercises of the Police power, that is what the City has, and in his opinion, that is one of many things missing from this application. He stated that there is a specific provision in the City's Code that deals with nonconformities and it includes lots of record,and he explained that a nonconforming lot of record is a lot that was lawful for some use under a previous regime, that is no longer lawful under the existing regulations. He felt what is happening in this application is that there is an attempt to convince the Commission that this is an as- of-right application where the frontage requirements are not met, and the reason why the applicants tore down the motel that was there is because they wanted you to think that this 7