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<br />the City and Shoreline Committee; <br />b. failed to disclose to the Shoreline Committee its true intcntion to develop a large <br />commercial marina even though its site plan application was filed one month after <br />I'ublix filed its amended letter of intent with the City, wherein the large <br />commercial marina facility was disclosed; <br />c. misrepresented the exact location and size of its alleged submerged land to the <br />City and Shoreline Committee; <br />d. falsely attested under oath that its representations to the City and Shoreline <br />Committee were "true and correct"; and <br />e. failed to provide a factual basis to explain its conduct before the City and <br />Shoreline Committee. <br /> <br />Publix claims it was not required to disclose the large commercial marina to the <br />Shoreline Committee because the City and County requirements are different. However, <br />the County staff emails included in the City's Response confirms that a proposed marina <br />is required to be on the plans submitted to Shoreline Committee. Publix's deliberate <br />misrepresentations (made under oath) go to the essence of the proposed development and <br />subverted the integrity of the development review process. The Commission finds that <br />Publix did not show good cause why it failed to make full and truthful disclosures in <br />connection with its site plan application. Therefore, under Section 33-6 of the City <br />Code, all actions taken with respcct to Publix's site plan application and site plans with <br />the City are null and void. <br /> <br />Based upon the foregoing Findings of Fact and Conclusion of Law,' the Commission hereby <br />approves the administrative decisions relating to site plan application filed by Publix and declares <br />the site plan application filed with the City to be null and void. <br /> <br />Section 4. Right of Appeal. Publix has a right to appeal this decision pursuant to the <br />applicable Florida Rules of Appellate Procedure in accordance with Section 265-22 of the City <br />Code. <br /> <br />Section 5. <br /> <br />Effective Date. This Resolution shall become effective upon adoption. <br /> <br />PASSED and ADOPTED this 21 Sf day of June, 2007. <br /> <br />CITY OF SUNNY ISLES BEACH, FLORIDA <br />By its City Commission <br /> <br />,~ <br /> <br /> <br />&t/Jv,h!x <br /> <br />By: <br /> <br />ATTEST: <br /> <br />c--S~.~:,~ <br /> <br />Jane A. Hines, CMC, City Clerk <br /> <br />5 <br />