2006 0720 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida to the applicant, whether it is an improvement or not, it is a new building, and as such it should be treated as though it is a new application and advertised as a new application. He said to the extent that it is a new application, it is appropriate, particularly ifthis Commission wants to approve this new plan, to make sure that the approval of this new plan voids and supersedes all previous approvals related to the original site plan including the site plan that was approved (the Sieger-Suarez Site Plan) on July 17,2003. Mr. Shubin incorporated the transcript of that proceeding into the record, the complaint that was filed into the 11th Judicial Circuit Case No. 03-19125, the second case dealing with the scrivener's error, Case No. 06-05448, and various memoranda oflaw that they have presented in the Circuit Court 2003 proceeding, including the affidavit of their expert Guillermo Olmedillo the former director of Planning and Zoning for Miami-Dade County. Mr. Shubin noted that one of the interesting points in the City's Code dealing with modifications is that all major modifications shall be processed in the same manner as an original site plan, when an applicant attempts to modify a previously approved site plan, they are simultaneously attempting to hold on to the vested rights that they believe have been created in the previous approval while they are modifying the site plan. He said if they are submitting a new site plan, and that site plan is approved, it would be appropriate to ensure on the record that the new site plan is in fact a new site plan and it supersedes and renders void all of the previous approvals. Mr. Shubin said he would also like to suggest that while the applicant is requesting a rescission of the ordinance, which in fact in his mind corrected the scrivener's error, the Commission should also rescind the ordinance approving the transfer of the TDRs because if the TDRs were in fact an error to the extent that they were greater then what were previously approved or what are being sought today, it is their contention that that ordinance or resolution as well should be rescinded. He stated that the ordinance also has certain requirements to the extent that it needs to be processed in the same manner as an original site plan, and it lays out a variety of different submissions that need to accompany the application and they attempted to look through the file and the submission today, and in fact there are a number ofthem in Section 265-18 ofthe Code which they believe is not contained in this submission. He said they could not find a landscaping plan that is signed and sealed by a Landscape Architect which is required under the Code, the placement height and fixture design of the major exterior lighting which is a significant concern for the neighbors to the north, information regarding perimeter buffer requirements for adjacent requirements, an estimated construction schedule, and signage locations, types and details. He said Subsection (G) says that the determining point is once a determination by the Planning and Zoning Director is made, that a site plan complies with the review criteria stated in 265-18(E) all site plans will be placed on the quasi-judicial portion of the City Commission agenda. He said in summary of their position, based on the testimony of the applicant, this needs to be treated as a new application, and in order to establish this, he cross-examined Paul Fishman, Architect. Scott Schlesinger said he too wants to incorporate all the previous submissions and all the previous court records and hearings, and adopt all his attorneys comments, he is in favor of them and supports them. He said that he would like to see to it that all of these documents apparently evidence into the record for this particular proceeding are marked and preserved so they can be used in subsequent hearings here and court litigation that is going on regarding it. Mayor Edelcup said that the City Clerk will mark them and label them to make sure they are preserved and each of them is distinct and identified as such. Mr. Schlesinger requested that II