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<br />Summary Minutes: Regular City Commission Meeting <br /> <br />July 20,2006 <br /> <br />City of Sunny Isles Beach, Florida <br /> <br />they require that this particular project be resubmitted to the application process to entitle it to <br />be built in an oversize fashion because these buildings don't get anywhere close to being what <br />the Comprehensive Master Plan for Dade County ever envisioned and certainly, as neighbors <br />of Golden Beach, Sunny Isles Beach should have a little consideration about building a 40- <br />story building that is 400-feet high, 5-feet away from a single-family one-story home. Mayor <br />Edelcup said that it is with the density of only 2/3rds of what could have been built there. <br /> <br />Mr. Price said in rebuttal that the City has a process which deals with what happens once a <br />site plan is approved, you built into that process and it was a concern of this Commission from <br />day one that site plans were reviewed administratively and never found the way back to this <br />Commission, and when the City adopted the Land Development Regulations the Commission <br />insisted that all modifications to plans come back to this Commission in an advertised public <br />hearing. He said the City adopted two types of regulation: one is deemed a minor <br />modification; and 2) everything that is not deemed to be a minor modification is deemed to be <br />a major modification under the Code. He said there is a process and they followed the <br />process, they submitted the plans to the Building Zoning Department, the Director reviewed <br />that plan, he has reviewed the plans in conjunction with the previously approved plans, which <br />he has a right to do under the law, the landscape plans do not effect it, and one of the things he <br />reviews, the landscape plans of the prior plan and this plan. Mr. Price said that the neighbors <br />object to this landscaping but the landscaping is identical along the northern boundary ofthis <br />property, and the beach access is identical on the north and south portion. <br /> <br />Mr. Price said what was unique about this property, besides the fact, as the Mayor pointed out, <br />the density is 40-units per acre, but theoretically with TDRs they could have gone up to about <br />125-units per acre. He said they provided a beach access on both the north and south portions <br />ofthis property and it was always envisioned that on the south side of this property that beach <br />access would be incorporated with the beach access of the adjoining property to the south, and <br />that is their intention, and under the Code, the Manager must request that they do that and they <br />will state on the record that they have no objection to accomplishing that fact. He said there is <br />a process, hardly anyone is caught by surprise by this process, besides the City notice, he <br />furnished Mr. Shubin personal notice of all these documents, he gave him the site plans, and <br />he has had ample opportunity to review them. He said that they have won every single court <br />proceeding and every single administrative proceeding, the arguments that we have heard here <br />today the courts have decided those issues, administrative bodies have decided those issues. <br /> <br />Mr. Price said this City is responsible for its own Comprehensive Plan, this City does not have <br />any obligation under the law to observe neighboring cities Comprehensive Plans and this City <br />is govern and is consistent with its Comprehensive Plan. He noted that we heard a statement <br />here by Mr. Schlesinger regarding the County's Comp Plan, and Mr. Price said that he finds it <br />hard to fathom that this was never envisioned by Dade County as this property on the Ocean <br />of Sunny Isles Beach has always been recognized as the highest density area of any land in <br />Dade County. He said that it was always envisioned that there be high-rise high-density <br />development on the Ocean in Sunny Isles Beach before Sunny Isles Beach was a city. <br /> <br />City Attorney Ottinot stated that he agrees with the opinion issued by Mr. Price. He said he <br />has provided notice to the Commission that the court has agreed with the City that the project <br />is consistent with the Comprehensive Plan, the project is consistent with our Code, and he <br /> <br />12 <br />