2007 0621 Special City Commission Meeting

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Summary Minutes: Special City Commission Meeting June 21, 2007 Sunny Isles Beach, Florida major inconsistencies with regards to the size of the claimed submerged land. In particular, Publix claimed to own 5.4 acres with the County, but 17.1 acres with the City. Commissioner Brezin reiterated the issue oflack of survey to confirm ownership of the submerged land. City Attorney Ottinot confirmed this is one issue, and second, the City Code has never permitted submerged land not within a platted lot to be used for density purposes. City Attorney Ottinot concluded that Publix essentially claims to own the submerged land abutting all the way to the Golden Shores neighborhood, but failed to provide a survey confirming ownership. Mayor Edelcup commented that the main issue concerns the submerged land. Mayor Edelcup remarked that Publix, through its attorney Cliff Schulman, initially raised this issue over two years ago, when they had discussions with the City and were represented by Publix staff and Stiles. At that time, the City expressed an interest in having a roadway through the site, and in exchange the City would provide Publix with a height adjustment for the site which would more than compensate Publix for the loss of land, in the way of FAR. Mayor Edelcup commented that things were going smoothly at that point, but then things changed when Publix, Stiles, and their attorney attempted to maximize their position by claiming certain things and then buying the submerged land. By way of background, Mayor Ede1cup noted that the Commission passed an Ordinance a few years ago expressing an intent that any submerged land that had eroded from a piece of platted land would be credited to the landowner. However, Mayor Edelcup stated that it was never the intent of the Commission to encompass submerged lands that were not platted. Mayor Edelcup said it is apparent that the strategy of Pub Ii x and its attorney is to confuse everyone by claiming that the Commission changed the zoning law. Mayor Edelcup stated that the zoning law was never changed; rather, there was a question of interpretation and the Commission more fully expressed its intent in passing the original zoning law. Mayor Edelcup confirmed that the Commission is not in a position to grant density where there is none and allow greed an opportunity to flourish. Mayor Edelcup stated that if Publix is such a good corporate citizen as they claim, they should follow the laws and ordinances ofthe City. Mayor Edelcup commented that Publix instead decided to roll the dice and see what would happen, and that is why everybody is here today. Mayor Edelcup commented that Publix compounded matters by filing an application with the City that differed from the one filed with the Shoreline Committee. Mayor Edelcup questioned Mr. Schulman's statement that they filed the application knowing they would come back and amend it, and commented that ifPublix already knew what they wanted to do, why didn't they file it right the first time around? Mayor Edelcup stated this it perhaps an indication of a bait and switch tactic played on the City and Shoreline Committee. Mayor Edelcup stated that the City was first shown a project with 3.57 acres of upland with no submerged land, with overwhelming support by the community to move forward on that kind of a project. Mayor Edelcup stated that Publix instead chose to see if they could get more by trying to take submerged, unplatted land in the middle of Dumbfounding Bay surrounding not only Publix but all neighboring properties, including private homes in Golden Shores. Mayor Edelcup said the Commission would best be served by ruling that submerged lands should not be counted. Mayor Edelcup stated there has been an attempt to confuse this 7