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Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida <br /> was a vacant lot. He said it is in a district that has a permitted use, and therefore it is an <br /> as-of-right project, but the Code with respect to nonconformities which includes lots <br /> makes it very clear that you have to be very careful about any action that is taken that has <br /> the effect of expanding or enlarging an non-conformity which would include putting a lot <br /> more square footage on this lot than was previously deployed there under the Ocean Roc <br /> Motel. <br /> Mr. Shubin said that the Administrative Site Plan Appeal procedures of Dade County have <br /> no limit on when you can appeal, and that to the extent of notice, the Court determines to <br /> the extent that site plan approval like this requires notice and an opportunity to be heard <br /> and presumably that is why the City cured this in its LDRs, why it now has a quasi- <br /> judicial hearing for a Site Plan Review where it didn't, which in his opinion is the best <br /> evidence that there should be no rights that accrue to this developer from the original <br /> Administrative Site Plan Review. <br /> Mr. Shubin stated for the record a few other technical issues that he has taken the position <br /> that under the City's Code there has to be mailed notice within 500-feet of a receiver site <br /> and he will concede what Mr. Price has said that there is no specific requirement with <br /> respect to publicly-owned sender sites,but he said what Mr. Price will have to concede is <br /> that as part of any quasi-judicial hearing there has to be due process which is a matter of <br /> law, when individuals are affected by actions of this City, participate in a quasi-judicial <br /> hearing, they have to have a reasonable opportunity to know what the issues are so that <br /> they can adequately respond to them and that is why you have an additional notice <br /> requirement when there is a sender site that is a private site, and suggested that there are <br /> no rational basis whatsoever not to have the same notice requirement for a public site but <br /> there is still no identification of a public site and we still don't know which public sites <br /> are going to be used, so how is the Town of Golden Beach or any citizen going to make <br /> informed comments before this Commission regarding the propriety of the transfer of <br /> development rights without knowing what the sender site is because as he already <br /> identified to us there are some serious problems if we are going to be using park land <br /> which can't be developed to transfer development rights for a private developer and yes, <br /> this section does apply to the City of Sunny Isles Beach and if you violate it, it is a <br /> violation of the Charter and you can't do it. <br /> Mr. Shubin stated that the SIB Comprehensive Plan has a governmental coordination <br /> element which says essentially that you should try to be a good neighbor. He stated that <br /> does not mean that the Town of Golden Beach has veto authority of everything that goes <br /> on in these Chambers, that would be a violation of your sovereignty but where you <br /> volunteer as a part of a mandate under the Growth Management Act to have an <br /> intergovernmental coordination element and it makes it clear that you want to be a good <br /> neighbor and that you want to solicit comments from Golden Beach and that you want to <br /> determine the compatibility of what you have proposed within 500-feet of its municipal <br /> boundaries. He said for Mr. Vera not to have performed a compatibility analysis for us <br /> not to know what the sender sites are, is simply not fair. Mr. Shubin said it is a violation <br /> 8 <br />