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<br />Summary Minutes: Special City Commission Meeting <br /> <br />June 21,2007 <br /> <br />Sunny Isles Beach, Florida <br /> <br />City Attorney Ottinot said that we will reserve 3-minutes for rebuttal and the presentation will <br />be done by his Co-Counsel Ray Abadin. <br /> <br />Public Speakers: Ray Abadin, Esq; Clifford Schulman, Esq.; Bud Scholl <br /> <br />2. HEAR APPEAL <br /> <br />2A. Hear an appeal filed by Publix Supermarkets, Inc. challenging Administrative Decisions <br />relating to its Site Plan Application. <br /> <br />[City Clerk's Note: The City submitted into the record the following documents: (1) <br />Response to Administrative Appeal filed by Publix Supermarkets, Inc. including Exhibits "A " <br />through" U" and (2) Timeline of Administrative Appeals.] <br /> <br />1. Presentation bv Rav Abadin. ESQ.. of Abadin Cook. <br /> <br />Action: Ray Abadin, Esq., represented the City of Sunny Isles Beach on this appeal. Mr. <br />Abadin requested that the City Commission uphold the staff administrative decisions <br />because those decisions are consistent with the City's Code and the law. Mr. Abadin <br />submitted a Response on behalf the City supporting his arguments. Mr. Abadin <br />addressed the issues as follows: 1) jurisdiction; 2) the Code; and 3) issues with the <br />applications.. <br /> <br />Publix requests that the City approve its site plan application before the County Shoreline <br />Development Review Committee has completed its review. The law does not permit <br />this. According to the Miami-Dade County Code Section 33-D, the Shoreline Committee <br />must complete its review before the City makes any decision on the proposed site plan. <br />In its site plan application, (attached as Exhibit "A" to the City's Response), Publix <br />concedes on the bottom of the application that no development action or permit approval <br />shall be issued until the Shoreline Committee has completed its investigation. The site <br />plan application was signed by counsel for Publix. The Commission should deny the <br />appeal because the Shoreline Committee hasn't yet completed its review, and also <br />because Publix has asked the Shoreline Committee to defer its review. <br /> <br />The second issue is whether Publix can use submerged lands for density purposes. Mr. <br />Abadin confirmed that the City Attorney, City staff and consultants hired by the City all <br />concluded that submerged land cannot be used for density and intensity purposes because <br />the City Code does not permit it. Additionally, it would violate the City's <br />Comprehensive Plan to do so. Mr. Abadin noted that the submerged land is not platted <br />anywhere on any documentation presented by Publix. <br /> <br />The third issue is how the City Commission will review and decide the various <br />inconsistencies in the Site Plan applications filed with the City and the Shoreline <br />Committee. Mr. Abadin said that when the City Commission adopted its Zoning Code, it <br />created a Development Review Process whereby the land owner has an obligation to <br />provide correct and truthful information to staff so they can determine whether the land <br />owner is entitled to develop the property pursuant to the City Code. Zoning approval by <br />the City Commission depends upon truthful information in zoning applications. When a <br /> <br />2 <br />