Laserfiche WebLink
FL <br /> COUNT I <br /> (CLAIM FOR VIOLATION OF THE CITY' S <br /> COMPREHENSIVE PLAN AND GROWTH MANAGEMENT ACT) <br /> 18 . Plaintiffs Golden Beach, Sheldon Schlesinger, and <br /> Scott Schlesinger reallege and reincorporate paragraphs 1 <br /> through 17 as though fully set forth herein. <br /> 19 . On October 5, 2000, through Ordinance No. 2000-105, <br /> Sunny Isles Beach adopted its State-mandated Comprehensive Plan <br /> ( "Comp Plan" ) . That Ordinance and Fla . Stat . §163 . 3194 (1) (a) <br /> expressly require that , after the adoption of the Comp Plan, all <br /> actions by the City on development orders must be in conformity <br /> with and consistent with the Comprehensive Plan and each of its <br /> elements . <br /> 20 . The Land Development Regulations, as enacted by the <br /> City of December 10, 2002 , violate the following provisions of <br /> the City' s Comprehensive Plan: <br /> • By completely failing to notify and solicit comments <br /> from the Town of Golden Beach with respect to the Land <br /> Development Regulations, which are comprehensive in <br /> scope and which dramatically affect the quality of <br /> life in Golden Beach, and which further affect real <br /> property within 500 feet of the boundaries of the Town <br /> of Golden Beach and the City of Sunny Isles Beach, the <br /> Intergovernmental Coordination Element of the City' s <br /> Comp Plan has been violated, specifically Objective 4 ; <br /> • By failing to properly consider the incompatibility of <br /> its Land Development Regulations with the as-built <br /> character of Golden Beach, and by ignoring the impact <br /> of the project on the citizens of Golden Beach, <br /> particularly the Schlesingers (who live in close <br /> proximity to the project) , the approved LDRs <br /> contravene the Intergovernmental Coordination Element <br /> of the Comprehensives Plan in all material aspects; <br /> 6 <br /> SHUBIN & BASS, P.A. <br />