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ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and
<br /> location, and the court reporter administered the oath to the witnesses for the Zoning
<br /> hearing. Mayor Samson read a disclaimer in accordance with Ordinance No. 97-4,
<br /> and City Attorney Dannheisser read a disclaimer for the record.
<br /> Public Speakers: Cliff Schulman, Esq.; Charles Sieger, AIA; Francis Lucas, owner of
<br /> the Suez Hotel; Joaquin Velasco; Fred Melasky; Rebecca Henderson, Esq.; Gary
<br /> Slopey, a professional structural engineer; Mark Alvarez, AICP, a professional
<br /> transportation planner; Robert Lucas
<br /> Mr. Schulman, said the applicant was modifying the application by withdrawing
<br /> requests # 2, and 3, agreeing to City staff recommendations. He also introduced the
<br /> principals of the proposed development. Speaking about the site plan, Mr. Sieger,
<br /> AIA, said the parking garage would not be seen because of the landscaping. Mr.
<br /> Schulman and Mr. Sieger displayed several photos and diagrams. On behalf of the
<br /> applicant, Mr. Schulman agreed to staff requests to underground the utilities, and to
<br /> make a $168,000 contribution to the City to help others to underground their utilities,
<br /> and to contribute $211,000 into the project to beautify Collins Avenue.
<br /> Francis Lucas,owner of the Suez Hotel, expressed concerns regarding the impact that
<br /> shade from the proposed construction would have on his hotel. Mr. Sieger testified
<br /> regarding shadow studies and responded to questions. Ms. Henderson, Esq.,
<br /> representing the owners of the Suez Oceanfront Resort, questioned the severable use
<br /> rights (SUR's) and the density that is actually on the property, whether it was 50 or 55
<br /> units per acre, since the variance had been withdrawn. She also asserted that the
<br /> developer, Prime View Ventures, allegedly a general partnership, is a legally non-
<br /> existent entity in the State of Florida. She said that Florida Statutes require general
<br /> partnerships to be registered with the State. Ms. Henderson alleged that no such
<br /> partnership is registered with the State. She advised the Commission of their right to
<br /> demand a site plan review, and that no structural plans or traffic study had been
<br /> submitted. She said her client would submit a traffic study prepared by a traffic expert,
<br /> showing a level of service of"E." She raised concerns regarding shadows being cast
<br /> not only over the Suez Hotel, but also onto the condo building to the north of the Suez,
<br /> and onto the beach. She stated that many issues had not been addressed by the
<br /> applicant, including adequacy of water concerns, Concurrency, and a hurricane
<br /> evacuation plan.
<br /> Mr. Slopey, a professional structural engineer, commented on his concerns regarding
<br /> a potential for beach erosion and foundation problems for the property to the north.
<br /> He also stated concern regarding the effects of possible storm surge, saying a wind
<br /> study was needed.
<br /> Mr. Alvarez, a professional transportation planner, AICP, presented testimony
<br /> regarding the traffic study that he performed and presented his conclusion that there
<br /> was a level of service "E". [Clerk's note: Mr. Alvarez submitted a "Traffic Impact
<br /> Analysis"which was filed with the meeting records.] Mr. Schulman moved to strike the
<br /> traffic study since it was not submitted ten (10) days before the hearing.
<br /> Commissioner Iglesias asked who the applicant was, and City Attorney Dannheisser
<br /> Page 4 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
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