Reso 2007-1105 - Laserfiche WebLink

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RESOLUTION NO. 2007----UD5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AFFIRMING STAFF ADMINISTRATIVE DECISIONS RELATING TO SITE PLAN APPLICATION FILED BY PUBLlX SUPERMARKETS, INC. AND REJECTING THE APPEALS FILED BY PUBLIX; PROVIDING FOR FINDINGS OF FACT; ISSUES PRESENTED; PROVmlNG FOR CONCLUSIONS OF LA W; PROVIDING FOR THE RIGHT OF APPEAL; PROVIDING FOR AN EFFECTIVE OATE. WHEREAS, Publix Supermarkets, Inc. ("Publix") filed two (2) administrative appeals relating to a site plan application and a rcvised site plan to develop a mixed used project which consists of a new supermarket and two condominium towers, which includes 378 units and a large marina, for the property (the "property") located at 18320 Collins Avenue; and WHEREAS, the City Commission conducted a public hearing on Thursday, June 21,2007, at 6:30 p.m. to consider the administrative appeals filed by Publix; and WHEREAS, the City Commission having considered the evidence presented and arguments of counsel, does hereby affirm the administrative decisions and reject the appeals filed by Publix. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORmA, AS FOLLOWS: Section 1. Findings of Fact: The City Commission hereby makes the following findings of fact: I. On December 20, 2005, Publix tlled its initial zoning application and letter of intent with the City. Publix claimed the property was a 3.57 acre site for development purposes. Publix stated its intent to develop a 21 story mixed use project with a new supermarket and a 284 unit condominium complex. Publix simultaneously filed an application form requesting transfer of development rights ("TORs") for 85,475 square feet of floor area. Publix subsequently withdrew its application for TORs. 2. On November 1, 2006, Publix filed an amended letter of intent with a revised site plan to the City, but did not include a properly revised zoning application. Publix claimed ownership to a 17.13 acre site for development purposes, and also claimed 13.59 acres of newly submerged land. Publix proposed to develop 378 condominium units, a new supermarket facility and a 140 boat slip/commercial marina. Publix failed to provide the City with a certified survey confirming the property lincs of the alleged submerged land, estimated to be 13.59 acres. 3. On December 7, 2006, Publix filed a site plan application and site plan with the Miami- Dade County Shoreline Development Review Committee ("Shoreline Committee"). Publix claimed to own 5.41 acres for development purposes, which included 3.57 acres