HomeMy WebLinkAbout2003-0717 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, July 17, 2003, 7:30 p.m.
City of Sunny Isles Beach, Florida
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AGENDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 7:30 p.m., with the following
officials present:
Mayor David Samson
Vice Mayor Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Danny Iglesias
Commissioner Lila Kauffman
City Manager Christopher J. Russo
City Attorney Lynn M. Dannheisser
Acting City Clerk Jane A. Hines
2. PLEDGE OF ALLEGIANCE
Action: Commissioner Iglesias led the Pledge of Allegiance to the flag.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—June 19, 2003.
Action: Commissioner Kauffman moved and Vice Mayor Edelcup seconded a motion to
approve the above-mentioned Summary Minutes. The motion was approved by a
voice vote of 5-0 in favor.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Add-On New Items 9N and 90. .
Action: Mayor Samson announced for the record that Items 6A, 9A, 9J.1 were revised
and additional information was distributed on 9J.2 and 9M; and it was requested to add
on Items 9N & 90; and to hear Item 9I first.
Commissioner Iglesias moved and Commissioner Goodman seconded a motion to
approve the above changes. The motion was approved by a voice vote of 5-0 in
favor.
Mayor Samson gave opening remarks of decorum.
Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida
5. SPECIAL PRESENTATIONS
None
6. ZONING -ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of La Mansion, LLC, Owner of the Property Located at 19505 Collins
Avenue, Sunny Isles Beach, Florida, for the Following:
[Hearing#Z2003-06 - Regalia]
1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development Regulations,
the applicant is requesting to transfer 38,847 square feet of development rights from the
City.
2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations,
the applicant is requesting a site plan approval for a 42-story, 40-unit condominium
building.
Protests 1 Waivers 0 Ex-Pane 0
Action: [City Clerk's Note: Revised Memorandum was distributed in Hand-out; One
protest letter was distributed from Frank Carone.J City Attorney Dannheisser read a
disclaimer for the Zoning hearing. Acting City Clerk Hines read the applicant's name,
hearing number, location and then administered the oath to the witnesses for the Zoning
hearing.
Public Speakers: Stanley Price, Esq.; Charles Sieger, Architect; Planning and Zoning
Administrator Jorge Vera; John K. Shubin, Esq.; Alexander Tachmes, Esq.; Mary Ann
Eicke; Herbert Abramson; Eugene Sterns, Esq.
Stanley Price, Esq., representing the applicant, noted that the project is a matter of right
and that not one variance is sought in this application. He said that this project is unique
because it is one unit per floor, and noted that this project's density is 42% of what is
permitted as a matter of right. He noted that they are providing 21-feet of beachfront
access to this property providing 15-feet on the north side of the building to be accessible
for the Golden Gate community, and 6-feet on the south side of the property. Charles
Sieger, Architect, presented renderings and site plans of the project, noting that the
building will be tall and slender, and designed as a tube system effective against hurricane
winds. He stated that the front pone cochere is marble, wrought iron gates, front
waterfall, the garage will be air conditioned.
Mayor Samson asked Mr. Sieger how far the gate is from the sidewalk, and that he was
concerned about stacking. Mr. Price and Mr. Sieger said that there would be no stacking
as the wrought iron gates will be permanently opened.
Summary Minutes:Regular City Commission Meeting July 17.2003 City of Sunny Isles Beach.Florida
For the record, Mr. Price repeated the following: The City of Sunny Isles Beach came up
with a Comprehensive Plan to capture their vision of what the City should be, and one of
the goals was to see tall and slender buildings, not lot line to lot line. He said that in the
Plan there is a section called "Community Vision" and it says "by preserving vistas and
view corridors to the ocean and creating green waves and shoreline walkways linking
beaches and shores via access corridors to neighborhoods". He said that this project
exemplifies what that vision is. He said that Objective Five of the Master Plan, the Land
Use Plan Map contained in this element, establishes allowable land uses and density and
intensities for each land use category and is declared to be an integral part of the adopted
land use policies and this property is designated MU-R, 80-units per acre under the City's
Comprehensive Plan.
Mr. Price stated that the next issue is the utilization of the City's bonus system. He
referred to Objective 15 of the Comprehensive Plan which encourages and endorses a
bonus system in order to ensure the town certain amenities be advanced by the
development community. He noted that the Bonus Plan is a voluntary plan and that
Objective 6 of the Plan, by 2003, the City shall require all new development and existing
and planned transient corridors to be planned and designed to promote pedestrian and
transient uses through the encouragement of the bonus system, asking developers to
provide access to the beach,to help with landscaping on Collins Avenue,or to contribute
to a parking fund. Mr. Price said that the applicant has availed itself of three bonuses:
public beach recreational enhancement, Collins Avenue Public Streetscape, and public
parking.
Mr. Price stated that the Town of Golden Beach does not like the goals and objectives of
the Comprehensive Plan, and that they don't like that the City is providing high density in
high-rise buildings on the ocean, they say it is not consistent with their plan. He argued
however that if the Town of Golden Beach did not like the Comprehensive Plan, by
statute they were required to challenge the Comprehensive Plan within a prescribed period
of time and only if they appeared at the public hearings and only if they voiced specific
objection, their appeal would be limited to that specific objection.
Planning and Zoning Administrator Jorge Vera presented the staff report,noting that this
project had been approved prior through the Administrative Site Plan Review process
established under Dade County regulations, and they are now coming before the City
under the City's regulations with an additional six units added to the site. Mr. Vera said
that Planning recommended approval with conditions, and noted that the applicant is
purchasing TDRs and requesting site plan review, and purchasing 38, 847 square feet of
Floor Area Ratio (FAR).
John K. Shubin, Esq.,representing the Town of Golden Beach,two residents from Golden
Beach, and ten residents from Sunny Isles Beach, noted that he wants to incorporate into
the record the petition that was filed with the City of Sunny Isles Beach on behalf of the
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Summary Minutes:Regular City Commission Meeting July 17.2003 City of Sunny Isles Beach.Florida
parties that was dated June 19, 2003, and incorporate the Complaint for Declaratory and
Conjunctive Relief which is Case No. 03-00695 filed in the Circuit Court. (Attached as
Composite Attachment "Al
Mr. Shubin questioned Mr. Vera to develop the specific record with respect to this
proceeding. Mr. Shubin asked if the lot for which the applicant is seeking relief was less
than 200 feet, and asked at what point in time did the 200-foot requirement come into
place. Mr. Vera responded it came under the new LDRs on December 10, 2002. Mr.
Shubin asked what was the previous use of this property and asked if it was called the
Ocean Roc Motel,and Mr. Vera said yes. He asked what percentage of the increased FAR
over and above the base FAR coming from the Transfer of Development Rights, and Mr.
Vera answered that once you establish your base FAR,you buy your bonuses and then you
are 30% above that,so whatever plateau you reach with your bonuses,you get 30%on top
of that. He asked if the City has regulations governing the Transfer of Development
Rights and asked where they are incorporated and Mr. Vera said yes, that they are in
Chapter 515 of the LDRs.
Mr. Shubin asked if there are limitations on who the sending sites can be, and Mr. Vera
said that it is listed in the Comprehensive Plan. Mr. Shubin asked if there was any
identification in the record here tonight as to who the sender site is from which the
developer sought to acquire 38, 000 square feet. Mr. Vera said that City-owned property
was the sender site. Mr. Shubin clarified that there is no specific identification of the
sender site in the record. He noted that Mr. Vera provided to his firm on two occasions
with the complete record of this application to be reviewed here tonight,and asked if there
was anything in that record that would have alerted him to who the sender site would be,
and Mr. Vera said no. He asked which sender sites are going to be utilized as part of the
application that is being considered tonight and Mr. Vera said that once the Commission
makes a decision the applicant will come back with the application for the Transfer of
Development Rights, and the Commission will at that time review exactly which site the
TDRs were coming from and it will list the amount of TDRs and the cost on the floor
area. Mr. Shubin asked if it was fair to say that there will be no official action taken
tonight which will entitle this applicant to a Transfer of Development Rights, and Mr.
Vera indicated that this was not precisely true because they are getting an approval from
the City Commission tonight on whether 38,000 square feet on this building is what the
City really wants. Mr. Shubin asked which of the sites would be the sender sites of the
City-owned sites,and Mr. Vera said that there are several options. Mr. Shubin asked how
a value is placed on those rights that are transferred to a private developer to give them
additional units on the ocean, and Mr. Vera said that the values are placed through an
appraisal on the receiving site. The City will look and evaluate the appraisal based on
square footage price and that they are purchasing the square footage from the City site.
Mr. Shubin asked if Mr. Vera has seen an appraisal or discussed a price regarding these
TDRs with this applicant, and Mr. Vera said he has not discussed anything dealing with
TDRs but he does have the appraisal prepared by Calloway and Price, Inc. Mr. Shubin
asked him to describe to him the value on each FAR foot set forth in the appraisal. Mr.
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Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida
Vera said that the property is valued at around $11.5 million, and that they calculate the
square footage of buildable to the$11.5 million so it would be around$60-$70 per square
foot. Mr. Shubin asked in respect to the FAR that is purchased through the bonus system,
what determines the price of the FAR, and Mr. Vera said that it was set under prior
requirements and it was done through basically the same nexus that is being used here and
on the cost of land and the cost of building per square foot. Mr. Shubin said that that
system yields $6.00 per square foot for FAR and Mr. Vera is telling him that there is an
appraisal for $60 per square foot, and asked Mr. Vera if he would say there is a
discrepancy between the price by which someone purchases bonuses through the bonus
program or FAR feet and through the Transfer of Development Rights program, and Mr.
Vera said that there is a difference between the bonus and the TDR, and what we have
here is the cost on land and the bonuses cost based on building square footage, and that is
how it was set originally. The value of the land is$11.2 Million, and Mr. Shubin asked if
there was a value of the project as developed, and Mr. Vera said no, he does not have a
value on how much this project is going to cost. Mr. Shubin said that the FAR feet that is
being transferred is going to be used for the construction of the building and not for land
purposes. Mr. Vera said that was correct but the way that this section of the Code of the
TDRs are developed is based on the land, and we get the square footage of what is
buildable divided by the value on the appraised value of the land.
Mr. Shubin asked if he knows that there is a provision in Article 6 of the Dade County
Charter that attempts to prohibit development on park land, and Mr. Vera said yes, and
asked if it was his understanding that this provision applies to park land in the City of
Sunny Isles Beach, and Mr. Vera said that the way our Master Plan has been developed is
to allow the original permitted density and intensity to be transferred from our park land to
other properties. Mr. Shubin asked if the City of Sunny Isles Beach is somehow exempted
from Article 6 of the County Charter, and City Attorney Dannheisser answered that the
intention of Article 6 is to preserve park land, and she stated that the City has not violated
that in anyway through this system because the City-owned property or any land for that
matter for which development rights are transferred, remains or turns into park land. Mr.
Shubin said in determining the development rights that can be transferred for example,
City-owned park land, how do you determined what development rights can be
transferred, and Mr. Vera said that anything before the Comprehensive Plan was adopted,
that we would use the underlying zoning that was on that land.
Mr. Shubin asked if Mr. Vera was aware of the fact that there are certain notice provisions
in the LDRs governing notice to parties within so many feet of a sender's site in a transfer
of development rights, and Mr. Vera said yes, and Mr. Shubin asked what is that notice
requirement, and Mr. Vera said 500-feet. Mr. Price objected saying that the question was
not specific and that there is a distinction between a private-sender site and a public-
sender site, and that should be the question, what is the distance of requirement from a
public sender site? Mr. Vera said none, and Mr. Shubin asked what is the distance of
requirement from a private sender site, and Mr. Vera said 500-feet. Mr. Shubin
commented that it still is not determined at the time of this hearing whether or not these
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Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida
TDRs are going to come from a public sender site or a private sender site. Mr. Vera said
for them to use the TDRs they have to submit an application to come before us to
establish the sender site and the cost on the square footage. Mr. Shubin asked Mr. Vera if
he has received that application yet,and Mr. Vera said no,and Mr. Shubin asked if he has
been told when he will receive it, and Mr. Vera said more than likely after this has been
approved. Mr. Shubin asked if at that point there will be another public hearing, and Mr.
Vera answered yes. Mr. Shubin asked if there will be notice provided as part of that
public hearing, and Mr. Vera said yes.
Mr. Shubin asked Mr. Vera if he is familiar with the provisions in the Comprehensive
Plan generally, regarding Intergovernmental Coordination, and Mr. Vera said yes. Mr.
Shubin asked if he is familiar with requirements to provide adjoining municipalities with
notice,and Mr. Vera said that it does say that adjoining municipalities shall receive notice.
Mr. Shubin said with respect to Golden Beach that there is specific provisions in the
Comprehensive Plan that require certain levels of notice for property that is going to be
developed within 500-feet of the municipal boundary of Golden Beach, with the
understanding that the purpose of this notice is to allow the Town of Golden Beach to
comment. Mr. Vera said it was placed in the Comprehensive Plan but the notice
provision, he stated that this is the first time he has heard about it from being in the
County and the first time he has heard that we have to provide notice to the adjoining
municipal, and what he has heard prior, that Golden Beach had to come here and sit
before the Commission on the Master Plan, LDRs and no one showed up.
Mr. Shubin said that the site is the issue tonight, and asked if that adjoined the municipal
boundary of Golden Beach, and Mr. Vera said yes. He asked Mr. Vera what is presently
situated on the Golden Beach side of the boundary, and Mr. Vera answered it is a one-
level, single-family residence. He asked Mr. Vera, if he knew of any forty-story building
that is situated next to a one-story single family home, and Mr. Vera could not off-hand
answer that question. Mr. Shubin asked Mr. Vera if he ever undertook an evaluation of
whether or not this proposed project was somehow compatible with the existing as-built
character of the Town of Golden Beach, and Mr. Price objected to the question,saying the
test was consistent with the City's Master Plan, not Golden Beach's Master Plan. Mr.
Shubin said that he will be making references, when necessary, to the relevant provisions
of the Sunny Isles Beach Master Plan and for the record he will incorporate the entire
Intergovernmental Coordination Element of the Sunny Isles Beach Comprehensive Plan
into this record. He asked Mr. Vera if in his opinion, if there is a requirement under the
Intergovernmental Coordination Element of the Sunny Isles Beach Comprehensive Plan
that the City takes into consideration the compatibility of proposed structures with the
existing as-built community of Golden Beach, and Mr. Vera said that the City is doing it
correctly, legally, under our Comprehensive Plan. City Attorney Dannheisser noted that
with respect to the Intergovemmental Coordination Element of the Comprehensive Plan,
there is no legal mandate that that element be placed in our LDRs, there was no mandate
to carry that out as a specific procedure and the Town of Golden Beach was, in fact,
noticed every single time we had a public hearing relating to our LDRs,just as everyone
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Summary Minutes:Regular City Commission Meeting July I7,2003 City of Sunny Isles Beach,Florida
else was. Mr. Shubin asked Mr. Vera if he performed a compatibility analysis for
purposes of his review of this project comparing this proposed project, as built, with the
as-built character of Golden Beach,and Mr. Vera asked what compatibility is there against
Golden Beach as all they have are one-story buildings.
Mr. Shubin introduced into the record two sets of documents, one dated May 21, 2003
from Jane Hines to him, with Mr. Vera and Mr. Russo copied, and correspondence from
Mr. Vera to him, dated June 30, 2003. Mr. Shubin said that in the City's Municipal
Charter, Section 4.3(7), there is a provision that requires, as part of the actions requiring
an ordinance, that any action to convey or lease or authorize by Administrative action the
conveyance or lease of any lands of the City, requires an ordinance to be passed. Mr.
Price objected saying that there is an agreement here that there has to be a separate
application for transfer of development rights and a separate hearing that has been
established, so this is completely irrelevant. Mr. Shubin said that in Mr. Price's
application he attempts to retain rights that he had under a previous Administrative Site
Plan Review and approval that where you approved a site plan for this site, and Mr. Vera
said yes, and Mr. Shubin asked if at the time the Administrative Site Plan Review,had the
City passed an Ordinance that created an MU-R District for this property, and Mr. Vera
said he would have to look at the date but believes that we were under the MU-R
Ordinance. Mr. Shubin asked if there was any notice provided to individuals within 300-
feet of that property as was provided tonight, and Mr. Vera said that under Dade County
regulations there was no notice requirement because it was an Administrative Site Plan
Review and was all done in-house, and the new regulations required that the Site Plan
Review also had to go before the Commission. Mr. Shubin asked Mr. Vera if part of his
recommendations here tonight, did he take into consideration the fact that he had
previously approved without notice, a Site Plan for this property, and Mr. Vera said that
he reviewed this as a brand new application coming in under the new LDRs.
Mr. Shubin, in conclusion, noted that Mr. Price said that this is an as-of-right project and
does not require any variances, but that there are issues created with this as-of-right
project. He stated that specifically SIB Ordinance has a 200-foot frontage requirement
and asked why, in a Zoning district, that the City would allow tremendous amounts of
density, one of the most dense districts in this City, why the City would have a frontage
requirement, and he noted that it is because they don't want big buildings with lots of
density placed on substandard lots with inadequate frontage and there is no need to make a
citation because the law is clear that frontage regulations are legitimate exercises of the
Police power, that is what the City has, and in his opinion, that is one of many things
missing from this application. He stated that there is a specific provision in the City's
Code that deals with nonconformities and it includes lots of record,and he explained that
a nonconforming lot of record is a lot that was lawful for some use under a previous
regime, that is no longer lawful under the existing regulations. He felt what is happening
in this application is that there is an attempt to convince the Commission that this is an as-
of-right application where the frontage requirements are not met, and the reason why the
applicants tore down the motel that was there is because they wanted you to think that this
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Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida
was a vacant lot. He said it is in a district that has a permitted use, and therefore it is an
as-of-right project, but the Code with respect to nonconformities which includes lots
makes it very clear that you have to be very careful about any action that is taken that has
the effect of expanding or enlarging an non-conformity which would include putting a lot
more square footage on this lot than was previously deployed there under the Ocean Roc
Motel.
Mr. Shubin said that the Administrative Site Plan Appeal procedures of Dade County have
no limit on when you can appeal, and that to the extent of notice, the Court determines to
the extent that site plan approval like this requires notice and an opportunity to be heard
and presumably that is why the City cured this in its LDRs, why it now has a quasi-
judicial hearing for a Site Plan Review where it didn't, which in his opinion is the best
evidence that there should be no rights that accrue to this developer from the original
Administrative Site Plan Review.
Mr. Shubin stated for the record a few other technical issues that he has taken the position
that under the City's Code there has to be mailed notice within 500-feet of a receiver site
and he will concede what Mr. Price has said that there is no specific requirement with
respect to publicly-owned sender sites,but he said what Mr. Price will have to concede is
that as part of any quasi-judicial hearing there has to be due process which is a matter of
law, when individuals are affected by actions of this City, participate in a quasi-judicial
hearing, they have to have a reasonable opportunity to know what the issues are so that
they can adequately respond to them and that is why you have an additional notice
requirement when there is a sender site that is a private site, and suggested that there are
no rational basis whatsoever not to have the same notice requirement for a public site but
there is still no identification of a public site and we still don't know which public sites
are going to be used, so how is the Town of Golden Beach or any citizen going to make
informed comments before this Commission regarding the propriety of the transfer of
development rights without knowing what the sender site is because as he already
identified to us there are some serious problems if we are going to be using park land
which can't be developed to transfer development rights for a private developer and yes,
this section does apply to the City of Sunny Isles Beach and if you violate it, it is a
violation of the Charter and you can't do it.
Mr. Shubin stated that the SIB Comprehensive Plan has a governmental coordination
element which says essentially that you should try to be a good neighbor. He stated that
does not mean that the Town of Golden Beach has veto authority of everything that goes
on in these Chambers, that would be a violation of your sovereignty but where you
volunteer as a part of a mandate under the Growth Management Act to have an
intergovernmental coordination element and it makes it clear that you want to be a good
neighbor and that you want to solicit comments from Golden Beach and that you want to
determine the compatibility of what you have proposed within 500-feet of its municipal
boundaries. He said for Mr. Vera not to have performed a compatibility analysis for us
not to know what the sender sites are, is simply not fair. Mr. Shubin said it is a violation
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Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Lsles Beach,Florida
of due process and the City's Charter and if you want to do things the right way, you will
make an informed decision with all the facts before you and to the extent that Mr.Price or
Mr. Sterns wants to say, well wait a second, we are going to push this off to a later public
hearing, well that is not the way it is noticed. Mr. Shubin stated if it is purely advisory
and the record is clear, that is fine,but if you are going to undertake an action that is going
to have some legal effect that they will then be able to use against you if you turn them
down on the basis that they have certain vested rights by virtue of tonight's hearing, well
then that is wrong, it violates the letter, the spirit of your Code, the Charter, and due
process. He also noted that they have had issues, and we have put them on the record,we
have repeatedly attempted to determine everything that is going on with respect to this
site, and yet when we get the application there is no mention of the transfer of
development rights. He said that it was not until June 30th that he got the application, and
again, here tonight we still don't know the sender sites, and that is not fair. Mr. Shubin
said that he references the City's own Charter that says where you are going to effectively
convey certain property it has to be done by ordinance which has two readings, the
purpose of that is that if you are going to convey development rights or land that has some
public designation or use, it has to be done by ordinance. He said that it has to be noticed
differently, it has to have more debate, there has to be two readings. He stated that they
have made a number of objections regarding incompatibility with the City's own
Comprehensive Plan by incorporating the documents into the records, we have preserved
them. He stated that the Town of Golden Beach has a problem with a 40-story building
on its municipal boundary where its fundamental character set forth in its Charter is to
maintain a low-rise community.
Alexander Tachmes, Esq., stated that he represented the owner of the property at 105
Ocean Blvd, and strongly objected to the project in tonight's application. He stated that
he is incorporating in full the comments of Mr. Shubin, as well as the entire record in
connection with his remarks. He stated that they believe that this project is completely out
of scale with the single-family home community of Golden Beach, and said that it will
have a dramatic impact in a negative way on her property value and urged the rejection of
this application.
Eugene Sterns,Esq.,representing the Regalia,offered rebuttal and noted that this matter is
in court. Mr. Stems said that there are no issues here and that the City has correctly
opined on the law. He noted that this is a very unusual project that in essence is a single-
family high-rise, one unit per floor condo.
City Attorney Dannheisser stated that the notice differential of 500-feet versus 300-feet
for a regular Zoning Ordinance, is a scrivener's error. TDRs will be 300-feet notice just
as it is for a Zoning Hearing.
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion for
approval, subject to a hearing on the TDRs. The motion was approved as
Resolution No. 03-Z-75, by a roll call vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida
Vote: Commissioner Goodman yes
Commissioner Iglesias ves
Commissioner Kauffman }es
Vice Mayor Edelcup
Mayor Samson ves
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Repealing Ordinance Number 2002-150, Creating a New Ordinance Entitled
"Parking Authority" Establishing Parking and No Parking Areas Within the City;
Providing for a Purpose; Providing for Definitions; Providing for the Designation of the
Parking and No-Parking Areas Within the Public Rights-of-Way;Providing for Resident
Only Parking Areas;Providing for Permit Parking Through the Issuance of Decals by the
Code Enforcement and Licensing Department; Providing for Permit/Decal Fees for
Metered and Non-Metered Parking; Providing for the Revocation of Permits/Decals;
Providing for Renewal of Parking Permits/Decals; Providing for Exclusion of Certain
Types of Vehicles; Providing for Hours of Operation; Providing for Enforcement and
Collection of Fees;Establishing an Hourly Meter Rate; Providing for Term,Transfer or
Replacement of Permits/Decals; Providing for the Authority of the City Manager to
Designate Parking and No Parking Zones; Providing for Penalty for Violations;
Providing for Exemptions; Providing for Severability; Providing for Inclusion in Code;
Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and Code Enforcement & Licensing
Director Christopher Steers reported.
Public Speakers: none
Commissioner Goodman asked if the City will have a staff of people who will be
monitoring this and City Manager Russo said yes. Commissioner Iglesias asked if this
would be waived when we have special events and City Manager Russo said yes.
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to approve
the proposal on first reading. The motion was approved by a roll call vote of 5-0 in
favor. Second reading, public hearing will be held on Thursday, September 18,
2003, at 7:30 p.m.
Vote: Commissioner Goodman ves
Commissioner Iglesias yes
Commissioner Kauffman yes
Vice Mayor Edelcup
Mayor Samson yes
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Sununarc Minutes:Regular City Commission Meeting July 17.2003 City of Sunny Isles Beach,Florida
7B. PUBLIC HEARING: Sitting in as the Local Planning Agency and the City
Commission, to Consider an Ordinance Amending the Land Development
Regulations (LDRs)
7B.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida,
Recommending to the City Commission of Sunny Isles Beach,the Ordinance Amending
the Land Development Regulations of the City of Sunny Isles Beach to Modify Chapter
5, Section 501,Procedures of General Applicability,Attached as Exhibit"A";Providing
for an Effective Date.
Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported.
Public Speakers: none
Commissioner Iglesias moved and Vice Mayor Edelcup seconded the motion. LPA
Resolution No. 2003-06 was adopted by a voice vote of 5-0 in favor.
7B.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending the Land Development Regulations of the City of Sunny Isles Beach to
Modify Chapter 5,Section 501,Procedures of General Applicability;Providing for a
Repealer; Providing for Severability and Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported
that there were two amendments to the Ordinance: 1) Amend Section 501.1 that the
application be filed by the"fee simple"owner of land,wherever it says"owner"insert the
words "fee simple" first; and 2) discrepancy between the report which is going to allow
the review agencies within the control of the City that would basically be the planners to
provide their initial report to the Director of Zoning within ten days, expand that to
fourteen days to give them a little leeway.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to approve
the proposal on first reading as amended by City Attorney Dannheisser. The motion
was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will
be held on Thursday, September 18, 2003, at 7:30 p.m.
Vote: Commissioner Goodman L
Commissioner Iglesias ves
Commissioner Kauffman ves
Vice Mayor Edelcup ves
Mayor Samson ves
11
Summary Minutes:Regular City Commission Meeting July 17.2003 City of Sunny Isles Beach,Florida
8. ORDINANCES FOR SECOND READING (Public Hearings)
8A. Sitting in as the Local Planning Agency and the City Commission, to Consider an
Ordinance Amending the Land Development Regulations (LDRs)
8A.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida,
Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending
Section 2.01, "Definitions" of Ordinance No. 2002-165, Adopting the City's Land
Development Regulations, to Include a Definition of "Beach Access", Attached as
Exhibit "A"; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported.
Public Speakers: none
Commissioner Kauffman moved and Vice Mayor Edelcup seconded the motion. LPA
Resolution No. 2003-07 was adopted by a voice vote of 5-0 in favor.
8A.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 2.01, "Definitions" of Ordinance No. 2002-165, Adopting the
City's Land Development Regulations to Include a Definition of"Beach Access";
Providing for a Repealer; Providing for Severability;Providing for Inclusion in the Code;
Providing for an Effective Date.
(First Reading 6/19/03)
Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported.
Public Speakers: Clifford Schulman, Esq.
Commissioner Goodman said that pursuant to his request that everyone that is building on
the oceanfront would have to give the City a 15-foot access. Commissioner Iglesias
agreed with that but asked that the word "unenclosed" be stricken. After discussion,
Commissioner Iglesias withdrew his suggestion.
Commissioner Kauffman moved and Vice Mayor Edelcup seconded a motion to adopt
the ordinance. Ordinance No. 2003-173 was adopted by a roll call vote of 5-0 in
favor.
Vote: Commissioner Goodman y
Commissioner Iglesias y
Commissioner Kauffman y
Vice Mayor Edelcup yes
Mayor Samson yes
12
Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida
8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance No.2003-168 to Accept Those Charter Provisions Set Forth in
Said Ordinance and Only Those Approved by a Majority of the Voters on June 10,
2003 According to Official Results to Amend the City Charter by Adding a Lobbying
Provision that Would Require the City Commission Pass an Ordinance Mandating
Lobbyists to Disclose Compensation and for that Information to be Disseminated to the
City Commission;Providing for an Amendment of Section 2.3(c)"Limitations on Length
of Service" to Provide that No Person Shall Serve as Mayor for More than Two Elected
Four-Year Terms and No Person Shall Serve as Commissioner for More than Two
Elected Four-Year Terms; Amending Section 3.5 "City Clerk" to Render the Clerk an
Appointee of the City Manager;Providing for an Amendment of Section 3.2"Powers and
Duties of the City Manager" to Except Employees of the Office of the City Attorney
From Appointment, Supervision and Removal by the Manager; Providing for an
Amendment of Section 3.4 "Bond of the City Manager" to Provide for Fidelity Bond;
Amending Section 5.I(i)"Elections Commencement of Terms"to Provide that the Term
of Elected Office Commence on the Thirtieth Day Following the Election;Providing for
Elimination of Certain Transition Provisions; Providing for an Amendment of Section
2.1 "City Commission" to Provide Examples of Legislative Powers; Providing for an
Amendment of Section 7.4"Charter Revision" to Require Each Commissioner Appoint
One Charter Revision Commission Member; Providing for the Permission to Make
Technical and Stylistic Amendments;Providing for Repealer;Providing for Severability;
Directing the City Clerk to Amend the City Charter in Accordance with the Election
Results and this Ordinance; Providing for Inclusion into the City Charter and Code;
Providing for an Effective Date.
(First Reading 6/19/03)
Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported.
Public Speakers: Stanley Price, Esq.; Susan Fried
Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to adopt
the ordinance. Ordinance No. 2003-174 was adopted by a roll call vote of 5-0 in
favor.
Vote: Commissioner Goodman y
Commissioner Iglesias yes
Commissioner Kauffman yes
Vice Mayor Edelcup yes
Mayor Samson yes
8C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance No. 98-44 of the City of Sunny Isles Beach and Further
Amending Section 2-11.1(s) of the Code of Ethics of Miami-Dade County, to
Require Disclosure of Fees Paid to Lobbyist; Directing the City Clerk to Publish
13
Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida
Lobbyist Registration Logs to the City Commission Prior to Every City Commission
Meeting;Providing for the Miami-Dade Commission on Ethics and Public Trust to Hear
Appeals,and Conduct Investigations;Providing for Penalties for Violation;Providing for
All City Personnel to Ascertain Whether Persons Required to Register as a Lobbyist
Have Complied; Providing for Validity of Action;Providing for a Repeal of Conflicting
Provisions; Providing for Severability and an Effective Date.
(First Reading 6/19/03)
Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported.
Public Speakers: Stanley Price, Esq.; Susan Fried
Stanley Price Esq., noted that the County Commission recently amended their Lobbyist
Registration provision and exempted Attorneys who represent clients in quasi-judicial
proceedings, in that attorneys that represent clients in quasi-judicial proceedings are
forbidden by law from lobbying based upon the Jennings decision. He asked that the
Commission carve out an exception for attorneys in quasi-judicial manners.
Susan Fried asked that the remarks that she made on first reading (Item 7D, June 19,
2003) be placed back on the record, and she feels that fee disclosure is a violation of the
Lobbyists privacy rights.
City Attorney Dannheisser noted that the Commission is mandated at this time because of
the vote at the Election to pass this Ordinance. She stated that the Commission may
change the context of the Ordinance except for what is required in the Charter,and it was
her understanding that we can make the County's restrictions more stringent but not less
stringent and she asked Mr. Price, if he is saying the County has now exempted Lawyers
in quasi-judicial proceedings and Mr.Price said yes,and City Attorney Dannheisser said if
that were so she could recommend to the City Commission to include that in this
Ordinance.
Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to adopt
the ordinance *: - : • : ; -
Ordinance No.2003-175 was adopted by a roll call vote of 5-
0 in favor.
Vote: Commissioner Goodman yes
Commissioner Iglesias ves
Commissioner Kauffman ves
Vice Mayor Edelcup ves
Mayor Samson yes
[*City Clerk's Note: Subsequently, after City Attorney Dannheisser reviewed the
County's Ordinance, she discovered that it did not exclude all attorneys in a quasi-
judicial capacity, therefore the Ordinance was adopted as originally approved on first
reading.]
14
Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Lsles Beach,Florida
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Pursuant
to Section 5.1 of the Municipal Charter, Calling for a General Election to be Held on
Tuesday,September 9,2003, for the Purpose of Submitting to the Electorate of the City
of Sunny Isles Beach the Names of All Qualified Candidates for Election to the Position
of City Commissioner, Seat 01 (Northern Residential Area),and of City Commissioner,
Scat 03 (Southern Residential Arca); ' : i -_ ; . ' . : ' : -,' ., . ,
• . a - : : ;Providing for City Commission Designation of
Two Registered Voters Who Shall Serve With the City Clerk as the Canvassing
Board for Said General and Run-Off Elections; Providing for Conducting the Elections,
Polling Places,Form of Ballot, Voter Registration, Notice of Elections; Providing for an
Effective Date.
Action: [City Clerk's Note: Resolution was revised naming City Clerk as Supervisor of
Elections and deleting Seat 03 as Commissioner Iglesias is automatically elected as he is
not opposed.] Acting City Clerk Hines read the title and reported.
Public Speakers: none
Mayor Samson noted that there are only two candidates, therefore there cannot be a run-
off election. Mayor Samson recommended that we select the same Canvassing Board as
we had for the Special Election of June 10, 2003 (Manny Pine and Irving Diamond).
Vice Mayor Edelcup moved and Commissioner Kauffman seconded a motion to
approve the resolution as amended,and named Manny Pine and Irving Diamond to
serve on the Canvassing Board. Resolution No. 2003-566 was adopted by a voice
vote of 5-0 in favor.
9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving a Consultant Agreement by and between the City of Sunny Isles Beach
and the Firm of Calvin, Giordano & Associates, Inc. for the Design and Bidding
Services for the NE 174th Street Roadway Lighting Improvements, in the Total
Amount of $21,498.75, Attached Hereto as Exhibit "A"; Authorizing the Mayor to
Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to
Effectuate the Terms of this Resolution: Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
15
Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida
Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to
approve the resolution. Resolution No.2003-567 was adopted by a voice vote of 5-0
in favor.
9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving a Consultant Agreement by and between the City of Sunny Isles Beach and
the Firm of O'Leary Design Associates, P.A., for Landscape Architectural
Consulting Services for the Sunny Isles Boulevard/SR826 Traffic Calming Project,
in the Amount of$56,350.00, Attached hereto as Exhibit"A"; Authorizing the Mayor to
Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to
Effectuate the Terms of this Resolution; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
Commissioner Goodman asked when this was going to be done and City Manager Russo
stated that it will probably be done by the end of the year or the early part of next year.
City Manager Russo said that this is a long project, funded in 2008 by the State, but is
going to try to get that moved up. The City will pay for it and then get reimbursed by the
State. He stated that a preliminary design approved by them is needed in order to qualify
for the reimbursement and that we will come back to Commission at the end of the year
with a status report, with the preliminary design.
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No.2003-568 was adopted by a voice vote of 5-0
in favor.
9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving a Consultant Agreement by and between the City of Sunny Isles Beach and
the Firm of Electrical Design Associates (EDA), for Electrical Design Consulting
Services for the Sunny Isles Boulevard/SR826 Traffic Calming Project, in the
Amount of $59,260.00, Attached hereto as Exhibit "A"; Authorizing the Mayor to
Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to
Effectuate the Terms of this Resolution; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No.2003-569 was adopted by a voice vote of 5-0
in favor.
16
Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach.Florida
9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving an Agreement Awarding Bid No. 03-04-01 to International Sign and
Design Corp.,for Entrance Signage for the City of Sunny Isles Beach,in an Amount of
$77,053.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said
Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the
Terms of this Resolution; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported that this
signage will go in the center median on the north and south entrance to the City on
Collins Avenue and the monument sign coming off the Lehman Causeway into the City.
Public Speakers: none
Commissioner Kauffman moved and Vice Mayor Edelcup seconded a motion to
approve the resolution. Resolution No. 2003-570 was adopted by a voice vote of 5-0
in favor.
9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Resolution No. 2003-543 Establishing a Revised Schedule for City
Commission Meetings for the Remainder of Calendar Year 2003 by Changing the
September 4, 2003 Zoning Hearing to Thursday, August 28, 2003; by Adding Special
City Commission Meetings on Thursday,September 11, 2003 and Thursday,September
25, 2003, at 7:00 p.m., for Fiscal Year 2003/04 Budget Hearings; Providing for an
Effective Date.
Action: Acting City Clerk Hines read the title and reported.
Public Speakers: none
Commissioner Kauffman moved and Vice Mayor Edelcup seconded a motion to
approve the resolution. Resolution No.2003-571 was adopted by a voice vote of 5-0
in favor.
9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager to Apply for and Accept a Miami-Dade County
Metropolitan Planning Organization (MPO) Grant on Behalf of the City, in an
Amount of$50,000.00,with Twenty-Percent(20%)Matching Funds from the City for a
Transportation Study for 172"d Street - 174th Street in Order to Determine the
Feasibility and Need for a Pedestrian/Bicycle Bridge;Authorizing the City Manager to
Take Any and All Action Necessary with Respect to the Obtaining and Distribution of
Grant Monies, as Appropriate; Providing for an Effective Date.
17
Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida
Action: Acting City Clerk Hines read the title and City Manager Russo reported that the
Comprehensive Plan provides for a pedestrian/bicycle bridge to be considered by this
Commission to cross from the dead-end of North Bay Road over to 172nd Street. This is
an opportunity to get some grant money to study the feasibility of it.
Public Speakers: Cecille Sippin
Commissioner Goodman stated that from what he understands,the Winston Towers 300
building's Bulkhead is owned by the people that own the bank, and on the south side of
it,that land is owned by the Bellagio. He feels that this study would be interesting to find
out what the Army Corp of Engineers, DERM and the property owners say. Cecille
Sippin stated that this is a pedestrian bicycle bridge only with no cars, no trucks, that
bridge would not be wide enough for anything like that to come through at any time.
City Manager clarified that the Comprehensive Plan says that to consider, if feasible,
something that would be for pedestrians and bicycles but have the capability of an
emergency vehicle driving over it, but whatever this Commission decides is what we will
do after we get the study.
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No.2003-572 was adopted by a voice vote of 5-0
in favor.
9H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager, or His Designee, to Sign All Required Contracts,
Agreements, and Purchase Orders that Affect the Health, Safety, or Welfare of the
City, and to Temporarily Renew Existing Contracts Which May Expire, for Forty-Five
(45)Days,from the Last Commission Meeting in July 2003,Until the First Regular
Commission Meeting in September 2003,Subject to After-the-Fact Ratification by the
City Commission at its First Regular Meeting on September 18, 2003; Providing for an
Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported that
there will be a couple of things that he knows about and will need to do in August: the
replacement of one of the buses; and the other will be the ordering of the Parking
Enforcement vehicles because of the timing of the contracts on these things.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No. 2003-573 was adopted by a voice vote of 5-0
in favor.
18
Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida
9I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Accepting the Police Department Master Plan Study,the Emergency Preparedness
Plan, and a Draft of the Manual of Operating Procedures by Carroll Buracker &
Associates, Inc., Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do
All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: Carroll Buracker; Les Adams; Police Chief Fred Maas
Carroll Buracker and Les Adams presented the reports they prepared based on Florida
Accreditation Standards so that the Police Department can be an accredited Department.
Mr. Buracker said that they translated the Policies and Procedures that the Police
Department had already developed and added some more based on their observations,
and connected those policies to the accreditation. Mr. Buracker reported that between
1998 and 2002 Sunny Isles Beach had a 20% decrease in serious crime and a 60%
decrease in violent crime.
Vice Mayor Edelcup asked that Police Chief Fred Maas comment on the Reports in the
September 18, 2003 meeting, after he has a chance to thoroughly review the plan and
how it fits into their plan and if there are any modifications that he would like to suggest.
Chief Maas commended Carroll Buracker and Associates, on their integrity,
professionalism, and the type of respect they have earned over the years.
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No.2003-574 was adopted by a voice vote of 5-0 in favor.
9J. Geographical Information System Services.
9J.1 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving an Agreement by and between the City of Sunny Isles Beach and the Firm of
Calvin, Giordano & Associates, Inc. for Geographical Information System (GIS)
Implementation, Application Development Services, GIS Training and Mapping
Support, in an Amount Not to Exceed $29,000.00, Attached Hereto as Exhibit "A";
Authorization the Mayor to Execute Said Agreement; Authorizing the City Manager to
Do All Things Necessary to Effectuate the Terms of this Resolution: Providing for an
Effective Date.
Action: [City Clerk's Note: The first page of the Agreement was revised to exclude Web
Hosting and Maintenance; 9J.2 was distributed in the Hand-Out.] Acting City Clerk
Hines read the title and City Manager Russo reported.
Public Speakers: David Pineda of Calvin, Giordano & Associates, Inc.
19
Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No. 2003-575 was adopted by a voice vote of 5-0
in favor.
9J.2 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving an Agreement by and between the City of Sunny Isles Beach and the
Firm of Calvin,Giordano &Associates,Inc.for Geographical Information System
(GIS) Interactive Web Hosting and GIS Data Maintenance, in an Amount Not to
Exceed$38,940.00, Attached Hereto as Exhibit"A";Authorization the Mayor to Execute
Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate
the Terms of this Resolution: Providing for an Effective Date.
Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to
approve the resolution. Resolution No.2003-576 was adopted by a voice vote of 5-0
in favor.
9K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City to Participate in the "Second Tuesday at Biscayne Bay Campus"
Program, and Authorizing a Charitable Contribution to the Biscayne Bay Society of
Florida International University (FIU), in the Amount of$5,000.00; Authorizing the
City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution:
Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported and
stated that City buses would transport the residents to FIU for the programs.
Public Speakers: Rosalind Brezlin
Rosalind Brezlin was concerned that this would be costly for residents to attend but City
Manager Russo said that the intent was that there would be no cost for these programs.
Commissioner Goodman moved and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No.2003-577 was adopted by a voice vote of 5-0
in favor.
9L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager to Apply for and Accept a Florida Recreation
Development Assistance Program (FRDAP) Grant on Behalf of the City, for the
Acquisition of Park Property in the Golden Shores Area, in an Amount of up to 50%
of the Appraised Cost of the Property, Attached Hereto as Exhibit "A"; Authorizing the
20
Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida
City Manager to Take Any and All Action Necessary with Respect to the Obtaining and
Distribution of Grant Monies, as Appropriate; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No.2003-578 was adopted by a voice vote of 5-0
in favor.
9M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving an Consultant Agreement by and between the City of Sunny Isles Beach and
Beiswenger,Hoch and Associates,Inc.(BH&A),for Value Engineering Services,in
the Amount Not to Exceed$36,640.00, Attached Hereto as Exhibit "A", for the Center
Island Storm Drainage Project; Authorizing the Mayor to Execute Said Agreement;
Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the
Agreement: Providing for an Effective Date.
Action: [City Clerk's Note: Distributed in the Hand-Out] Acting City Clerk Hines
read the title and City Manager Russo reported.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to
approve the resolution. Resolution No.2003-579 was adopted by a voice vote of 5-0
in favor.
9N. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving the Release of a Declaration of Use for the Tangiers Motel, Attached
Hereto as Exhibit"A"; Providing the Mayor to Execute the Release and Authorizing the
City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: [City Clerk's Note: Distributed in the Hand-Out.] Acting City Clerk Hines
read the title and Planning and Zoning Administrator reported.
Public Speakers: Brian Adler, Esq.
•
21
Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Isles Beach,Florida
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No.2003-580 was adopted by a voice vote of 5-0
in favor.
90. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Preliminarily Approving the Lease Agreement between the City of Sunny Isles
Beach and RomaCorp. Authorizing the City Attorney and the City Manager to
Negotiate the Terms of the Attached Lease by and between the City of Sunny Isles Beach
and RomaCorp, to be Approved in its Final Form at the Next Public Hearing of the City
Commission: Providing for an Effective Date.
Action: [City Clerk's Note: Distributed in the Hand-Out.J Acting City Clerk Hines
read the title and City Attorney Dannheisser reported.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to
approve the resolution. Resolution No.2003-581 was adopted by a voice vote of 5-0
in favor.
10. MOTIONS
None
11. DISCUSSION ITEMS
11A. Police Officers presented for viewing four pounds of marijuana that they had just
confiscated from a drug dealer in the City, worth about $5,000.00.
12. CITIZENS' FORUM: REQUESTS,PETITIONS &OTHER COMMUNICATIONS
None
13. ADJOURNMENT
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to adjourn
the meeting. The motion was adopted by a voice vote of 5-0 in favor and the meeting
was adjourned at 10:57 p.m.
Respectfully submitted by: Approve by the City mmicsion on Sept. 18, 2003
A,7
Jarie•ACHines Acting Ciry Clerk David Samson, Mayor
rt
-
•
22
Composite Attachment "A"
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
In Re : City of Sunny Isles Beach
Land Development Regulations
(Adopted on Dec. 10, 2002)
PETITION
Petitioners Antonio Medina, Sanford Bosem, Ben Fried, John
Durance , Irwin Deitch, Jack Tellerman, Eric Pfeffer, David
Bitton, Edeed Ben-Josef, David Bulva, Joseph Betel , Philip Voss
(collectively, the "Sunny Isles petitioners") , the Town of
Golden Beach, and Scott Schlesinger (collectively, the
"peticioners" ) '-, by and through undersigned counsel and pursuant
to Fla. Stat . 163 . 3213 (3) , request the City
of Sunny Isles
Peach to declare its Land Development Regulations, as adopted on
December 10 , 2002 , and as subsequently amended, to be
inconsistent with its local Comprehensive Plan. In support of
this petition, the petitioners would state as follows :
1 . Fla. Stat . §163 . 3213 provides "substantially affected
persons" with "the right to maintain administrative actions
which assure that' land development regulations implement and are •
consistent with the local comprehensive plan. "
The Sunny Isles petitioners all own property and reside at the
Ocean I Condominium, located at 19111 Collins Avenue.
Petitioner Schlesinger owns property and resides at 201 Ccean
Boulevard, Golden Beach.
• SHUBIN & BASS, P,A,
2 . The individual petitioners are residents and taxpayers
of the City of Sunny Isles Beach and the Town of Golden Beach.
3 . Petitioner Town of Golden Beach ("Golden Beach") is a
duly constituted municipal corporation of the State of Florida
located in Miami-Dade County. Golden Beach shares a municipal
boundary with Sunny Isles Beach.
4 . The petitioners are "substantially affected person (s) "
as contemplated by Fla. Stat . §163 . 3213 (2) (a) , T'ey all live in
close proximity to real property in Sunny Isles Beach,
particularly ocean-front Property in the Mixed Use-Resort zoning
district, which can and will be developed pursuant to the City' s
"land development regulations . " The Town of Golden Beach, in
turn, has a direct interest in land development regulations of
Sunny Isles 3each complying with the Intergovernmental
Coordination elements of the Comprehensive Plan. As such, the
improper adoption and application of the land development
regulations will result in the petitioners suffering an "injury
in fact" of a type or nature that this statutory challenge is
designed to protect .
S . Alleging further, the petitioners will suffer, to a
greater extent than the community at large, damage in the form
of negative impacts on the value of their property, negative
traffic hazards directly affecting them and their property,
noise and visual impacts, reduction of
physical safety, and
• SHUBIN & BASS, P.A.
other impacts, from all of which negative impacts the
Comprehensive Plan is designed to protect them as substantially
affected and aggrieved persons .
6 . With respect to the Town of Golden Beach, the Town and
its residents are directly affected by the land use actions of
the City of Sunny Isles Beach, its neighbor to the south,
particularly when these actions promote excessive high-rise
development in close proximity to the Town. Its- beaches and low
rise character will be impacted, excessive traffic will flow
through State Road AlA, the Town' s main transportation artery,
and the corresponding negative impact on the Town' s
infrastructure and public services are self el_ eviden: .
7 . The City of Sunny Isles ';each ( "Sunny Isles� Beach" ) is a
duly constituted municipal corporation of the State of Florida
located in Miami-Dade County. Sunny Isles Beach is subject to
the requirements of Chapter 163 , part II, Florida Statutes, the
"Local Government Comprehensive Planning and Land Development.
Act" (the "Act" ) .
2 . On or about October 5, 2000, and pursuant to Ordinance
No . 2000-105 , the City of Sunny Isles Beach adopted its
Comprehensive Plan to articulate a vision of the future land
development within the City' s boundaries .
9 . On cr about. December 10 , 2002 , Sunny Isles Beach adopted
comprehensive Land Development Regulations which were designed
SHUBIN & BASS, PA.
to implement the vision established by the Comprehensive Plan.
Subsequent to their initial enactment, these Land Development
Regulations have been amended on at least two (2) occasions .
The Land Development Regulations, althouah they may also have
been applied by Sunny Isles Beach so as to meet the definition
cf "development order" under §163 . 3164 (7) , are a 'land
development regulation" as set forth at §163 .3213 (2) (b) ,
10 . The Land Development Regulations, as initially enacted
and as amended, are inconsistent with the City' s Comprehensive
Plan for the reasons set forth below:
• By completely failinc to notify and solicit comments
from the Town of Golden Beach with respect to the Land
Development Regulations, which are comprehensive in
scope and which dramatically affect the quality of life
in Golden Beach, and which further affect real property
within 500 feet of the boundaries of the Town of Golden
Beach and the City of Sunny Isles Beach, the
Intergovernmental Coordination Element of the City's
Comp Plan has been violated, specifically Objective 4 ;
• By failing to properly consider the incompatibility of
its Land Development Regulations with the as-built
character of Golden Beach, and by ignoring the impact of
the project on the citizens of Golden Beach, the
approved LDRs contravene the Interaovernmental
Coordination Element cf the Comprehensive Plan in all
material aspects;
• Through its attempt to vest rights in numerous high-
density projects, both unbuilt and built, which were
illegally approved through the City' s administrative
site plan review procedures, the LDRs violate the above-
referenced Intergovernmental Coordination Element;
• The LDR' s "FAR bonus" L
s s stem' +
Y reliance on a monetary
contribution in consideration for increased floor area
ratio (as opposed to onsite design solutions) fails to
"encourage adequate and efficient
provision
of . . . expanded on-site landscaped open space, increased
view corridors and additional public cross access
SHUBIN &4 BASS, P.A.
,a e
•
corridors to public beaches" as set forth in Objective
1G;
• The Land Development Regulations improperly attempt to
vest rights in proposed developments which are
completely incompatible with the as-built character of
Golden Beach, and thus inconsistent "with the character
of the surrounding community" and inconsistent with
Objective 4;
• By allowing developers to purchase additional floor area
ratio, as opposed to requiring on-site mitigation or
linking the bonuses to on-site features, the Land
Development Regulations violate Objectives 10A, 10E, and
14 ;
• By approving Land Development Regulations which seek to
vest development rights for a series of high-density
projects which . were illegally approved, the combined
effect of which will generate traffic that will cause
the appropriate levels of service to be degraded, the
Land Development Regulations contravene both the Capital
Improvements Element and the Transportation Element of
the Comprehensive Plan. With specific reference to this
traffic' s impact on hurricane evacuation, the Land
Development Regulations are inconsistent with Objective
12 of the Transportation Element and Objective 6 and
Policies 6A through 6G of the Coastal Element .
11 . In addition to the foregoing, the "land development
reaulation (s) " , particularly through their bonus provisions,
effectively "subsidize development in high-hazard coastal areas"
and thus contravene both the spirit and intent of Fla. Stat .
§163 . 3177 (6) (g) (7) .
12 . The petitioners specifically reserve their rights as
to other actions available to them, pending and proposed, and to
amend this petition if and when it petitions the state land
planning agency for the relief sought herein.
SHUBIN & BASS, P.A.
5
WHEREFORE, the petitioners demand that the City rescind its
Land Development Regulations, as well as any other action taken
with it, or subsequent_ to it, in accordance with it, including
but not limited to any building permits , variances, site plan
approvals, or any other relief provided by the Land Development
regulations, as being inconsistent with the City' s Comprehensive
Plan . Alternatively, the petitioners would request that the
City "respond" to the petition as contemplated by Fla . Stat .
§163 . 3213 (3) .
Respectfully Submitted,
SHUBIN & BASS, P.A.
46 S . W. First Street
Third Floor
Miami , Florida 33130
Sy:
JOHN K. SHUBIN, ESQ.
FLA. BAR NO. 771899
Dated : June 19, 2003 .
SHUBIN & BASS, P.A.
IN THE CIRCUIT COURT FOR THE
R •y ELEVENTH JUDICIAL CIRCUIT IN AND FOR
/,-.? `.>�
e " 5Ci
R,.;> \ MIAMI DADS COUNTY, FLORIDA AN \\
\ \5\Ps/V�` GENERAL JURISDICTION DIVISION
\c0;,\ /y ry /}
\ C;�ty� .' CASE NO . 1 3 V 0 6 9 v (A15
FLORIDA BAR NO. 771899
THE TOWN OF GOLDEN BEACH, a
municipal corporation, SHELDON
SCHLESINGER, a Florida resident ,
and SCOTT SCHLESINGER, a
Florida resident ,
THE J,\,Oi;!A FILED
Plaintiffs, ON JAN 0 9 2011
i;,1 THE OFHOL OF
v.
THE CITY OF SUNNY ISLES BEACH, a
municipal corporation,
Defendant .
/
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Plaintiffs, the Town. of Golden Beach, Sheldon Schlesinger,
and Scott Schlesinger, by and through undersigned counsel , sue
defendant City of Sunny Isles Beach and allege as follows :
NATURE OF THE ACTION
1 . This is an action for declaratory and injunctive
relief pursuant to the provisions of §163 . 3215, Florida
Statutes, arising out of the City of Sunny Isles Beach' s
approval on December 10, 2002 , of an Ordinance approving
comprehensive Land Development Regulations ( "LDRs" ) for the
SHUBIN & BASS, P.A.
City. The Town of Golden Beach maintains that the LDRs are
inconsistent with the City' s Comprehensive Plan and thus void as
a matter of law. The Town simultaneously challenges certain
provisions of the LDRs which the Town maintains are
unconstitutional and illegal .
PARTIES, JURISDICTION, AND VENUE
2 . Plaintiff Town of Golden Beach ( "Golden Beach" or the
"Town" ) is a municipal corporation of the State of Florida
located in Miami-Dade County.
3 . Plaintiff Sheldon Schlesinger is sui juris and is a
resident of the Town of Golden Beach .
4 . Plaintiff Scott Schlesinger is sui juris and is a
resident of the Town of Golden Beach.
5 . Defendant City of Sunny Isles Beach ( "Sunny Isles" )
is a municipal corporation of the State of Florida located in
Miami-Dade County. The City is subject to the requirements of
Chapter 163 , part II , Florida Statutes, the "Local Government
Comprehensive Planning and Land Development Act (the "Act" ) , and
has adopted a Comprehensive Plan pursuant to the Act .
6 . This Court possesses both jurisdiction and venue over
this matter pursuant to Fla . Stat . §163 . 3215 (3 ) and (5) .
ALLEGATIONS REGARDING STANDING
7 . The ocean-front Town of Golden Beach sits on 1 . 8 miles
along the northernmost portion of State Road A1A at the Miami-
2
SHUBIN & BASS, PA,
Dade/Broward County boundary line . The Town is bounded by the
Atlantic Ocean to the east, the Intracoastal Waterway to the
west, and the coastal municipalities of Hallandale Beach to the
north and Sunny Isles Beach to the south.
8 . Since its incorporation in 1929 , the Town of Golden
Beach has become one of the most desirable places to live in
South Florida . The small quiet community has maintained its
low-rise residential character and contains approximately 370
single-family homes that are mostly located on the Intracoastal
and its waterways or directly on the Atlantic Ocean . The Town
Charter protects the Town from commercial activity of any kind
and forbids the construction of high-rise condominiums that
saturate many beach-front communities in South Florida .
9 . The Town of Golden Beach and its residents are
directly affected by the land use actions of the City of Sunny
Isles Beach, its neighbor to the south, particularly when these
actions promote excessive high-rise development in close
proximity to the Town. Its beaches and low-rise character will
be impacted, excessive traffic will flow through State Road A1A,
the Town' s main transportation artery, and the corresponding
negative impact on the Town' s infrastructure and public services
are self evident . •
10 . The Schlesingers, who own property in the Town and who
reside at 201 Ocean Boulevard, which is in close proximity to
3
SHUBIN & BASS, P,A.
Sunny Isles Beach, will also suffer, to a greater and different
extent than the community at large, damage in the form of
negative impacts on the value of their property, negative
traffic hazards directly affecting them and their property,
noise and visual impacts, reduction of physical safety, and
other impacts, all of which the City' s Comprehensive Plan
(particularly its Intergovernmental Coordination Element) is
designed to protect them from as affected and aggrieved persons .
BACKGROUND FACTS
11 . On June 16 , 1997 , defendant City of Sunny Isles Beach
was incorporated as a municipality. Pursuant to Section 8 . 3 of
the City' s Charter, the City formally adopted the entire Miami-
Dade County Code and all of its "codes, ordinances, and
resolutions" in effect on its date of incorporation.
12 . Subsequent to incorporation, on October 5, 2000 , the
City adopted a Comprehensive Plan to articulate a .vision of the
future land development within the City' s boundaries . A true
and correct copy of the Comprehensive Plan is attached to this
Complaint as Exhibit "A" and incorporated herein.
13 . In an effort to implement the vision of future land
development within the City' s boundaries established by the
City' s Comprehensive Plan, the City drafted and subsequently
prepared for consideration and adoption a comprehensive set of
4
SHUBIN & BASS, RA.
.4]
Land Development Regulations governing all aspects of
development within the City.
14 . On December 10, 2002 , defendant Sunny Isles Beach
adopted a comprehensive set of Land Development Regulations and
simultaneously repealed certain sections of its own municipal
code and the Miami-Dade County Code which had previously
governed land development within the City. A true and correct
copy of the LDRs is attached to this Complaint as Exhibit "B"
and incorporated herein .
15 . The above-referenced Land Development Regulations
constitute a "Development Order" as that term is defined in Fla .
Stat . § 163 . 3164 (7) . Moreover, the LDRs constitute a "land use
amendment" (as contemplated by the City' s Comprehensive Plan)
and purport to legalize certain "site plan approvals" which were
previously approved by the City.
16 . The City, in adopting its Land Development
Regulations, never notified the Town or its residents of its
intention to consider the adoption of the LDRs, and solicited
comments from the Town regarding these proposed regulations .
17 . All conditions precedent to the filing of this action
have been satisfied or their performance has been waived by the
conduct of the defendant . Moreover, the plaintiffs specifically
reserve their rights to other actions available to them, pending
and proposed .
5
SHUBIN & BASS, P.A.
FL
COUNT I
(CLAIM FOR VIOLATION OF THE CITY' S
COMPREHENSIVE PLAN AND GROWTH MANAGEMENT ACT)
18 . Plaintiffs Golden Beach, Sheldon Schlesinger, and
Scott Schlesinger reallege and reincorporate paragraphs 1
through 17 as though fully set forth herein.
19 . On October 5, 2000, through Ordinance No. 2000-105,
Sunny Isles Beach adopted its State-mandated Comprehensive Plan
( "Comp Plan" ) . That Ordinance and Fla . Stat . §163 . 3194 (1) (a)
expressly require that , after the adoption of the Comp Plan, all
actions by the City on development orders must be in conformity
with and consistent with the Comprehensive Plan and each of its
elements .
20 . The Land Development Regulations, as enacted by the
City of December 10, 2002 , violate the following provisions of
the City' s Comprehensive Plan:
• By completely failing to notify and solicit comments
from the Town of Golden Beach with respect to the Land
Development Regulations, which are comprehensive in
scope and which dramatically affect the quality of
life in Golden Beach, and which further affect real
property within 500 feet of the boundaries of the Town
of Golden Beach and the City of Sunny Isles Beach, the
Intergovernmental Coordination Element of the City' s
Comp Plan has been violated, specifically Objective 4 ;
• By failing to properly consider the incompatibility of
its Land Development Regulations with the as-built
character of Golden Beach, and by ignoring the impact
of the project on the citizens of Golden Beach,
particularly the Schlesingers (who live in close
proximity to the project) , the approved LDRs
contravene the Intergovernmental Coordination Element
of the Comprehensives Plan in all material aspects;
6
SHUBIN & BASS, P.A.
• Through its attempt to vest rights in numerous high-
density projects, both unbuilt and built, which were
illegally approved through the City' s administrative
site plan review procedures, the LDRs violate the
above-referenced Intergovernmental Coordination
Element .
• The LDR' s "FAR bonus" system' s reliance on a monetary
contribution in consideration for increased floor area
ratio (as opposed to onsite design solutions) fails to
"encourage adequate and efficient provision
of . . . expanded on-site landscaped open space, increased
view corridors and additional public cross access
corridors to public beaches" as set forth in Objective
1G;
• The Land Development Regulations improperly attempt to
vest rights in proposed developments which are
completely incompatible with the as-built character of
Golden Beach, and thus inconsistent "with the
character of the surrounding community" and
inconsistent with Objective 4 ;
• By allowing developers to purchase additional floor
area ratio, as opposed to requiring on-site mitigation
or linking the bonuses to on-site features, the Land
Development Regulations violate Objectives 10A, lOB,
and 14 ;
• By approving Land Development Regulations which seek
to vest development rights for a series of high-
density projects which were illegally approved, the
combined effect of which will generate traffic that
will cause the appropriate levels of service to be
degraded, the Land Development Regulations contravene
both the Capital Improvements Element and the
Transportation Element of the Comprehensive Plan.
With specific reference to this traffic' s impact on
hurricane evacuation, the Land Development Regulations
are inconsistent with Objective 12 of the
Transportation Element and Objective 6 and Policies 6A
through 6G of the Coastal Element .
21 . By virtue of the close proximity of Golden Beach and
the Schlesingers to Sunny Isles Beach, all of the plaintiffs
will suffer, to a greater and different extent than the
7
SHUBIN & BASS, PA.
k. ;., .
community at large, from the negative impacts which are both
generated and perpetuated by the Land Development Regulations .
22 . The approval of the Land Development Regulations have
caused and will cause irreparable harm to the plaintiffs .
WHEREFORE, the plaintiffs request an order and judgment
providing the following relief :
a) A declaration that the Land Development
Regulations, as approved by the City, are
inconsistent with the Comprehensive Plan, as
adopted by the City pursuant to the Act;
b) An injunction prohibiting the Land Development
Regulations from having any legal force and effect;
c) An award to the plaintiffs of the costs of this
action, including attorney' s fees; and
d) Such other relief which this Court deems to be
equitable and just .
COUNT II
(DECLARATION THAT BONUS PROVISIONS ARE FACIALLY VOID)
23 . Plaintiffs Golden Beach, Sheldon Schlesinger, and
Scott Schlesinger reallege and reincorporate paragraph 1 through
17 as though fully set forth above .
24 . Section 703 . 8 . 4 of the Land Development Regulations of
Sunny Isles Beach, which address the standards for development
of building sites, contain provisions which allow property
owners to exceed the maximum floor area ratio permitted in a
zoning district . These "floor area ratio bonuses" are granted
8
SHUBIN & BASS, P.A.
to developers who either provide for certain public amenities on
their site, such as beach access or open space, or who, at their
option, make a cash contribution to certain "trust funds"
established by the City to purportedly provide for these
amenities .
25 . The portion , of the bonus provisions which allow for a
developer to make a cash payment in consideration for additional
floor area ratio are void as a matter of law to the extent that
the value of the benefits conferred to the developer is so
disproportionate to the payments received by the City that the
process constitutes an illegal sale of the City' s police power
and/or zoning rights .
26 . The bonus provisions, at the very minimum, contravene
Article VII , Section 10, of the Florida Constitution, which
prohibits a public entity' s pledge of credit for a private
purpose . By failing to properly preserve beach access, they
also contravene the "public trust" reposed in the City to
protect beachfront property and to maximize public access to it .
WHEREFORE, the plaintiffs request an order and judgment
providing the following relief :
a) A declaration that the "FAR bonus" provisions of the Land
Development Regulations, as more particularly set forth
above, are void as a matter of law;
b) An injunction prohibiting development activity which relies
upon these illegal bonuses and which effectively requires
the disgorgement of these ill gotten development rights;
9
SHUBIN & BASS, IRA.
c) An award to the plaintiffs of the costs of this action,
including attorney' s fees, and
d) Such other relief which this Court deems to be equitable
and just .
COUNT III
(DECLARATION THAT VESTED RIGHTS PROVISIONS ARE FACIALLY VOID)
27 . Plaintiffs the Town of Golden Beach, Sheldon
Schlesinger, and Scott Schlesinger reallege and reincorporate
paragraphs 1 through 17 as though fully set forth herein.
28 . Section 103 . 2 of the Land Development Regulations
attempts to exempt from its application "any development for
which an administrative site plan approval was issued prior to
the effective date of these LDRs . "
29 . Prior to the enactment of the Land Development
Regulations, all administrative site plan approvals in Sunny
Isles Beach were approved in the absence of public notice and a
public hearing . These site plan approvals were quasi-judicial
proceedings, and are thus void as a matter of law for their
failure to provide affected parties the opportunity to present
evidence and testimony at a public hearing .
30 . Inasmuch as the previously approved site plans are
void as a matter of law, the City' s attempt to confer "vested
rights" on these approvals, particularly those where development
has not yet commenced, is itself void and represents an illegal
usurpation of the powers of the judicial branch .
10
SHUBIN & BASS, P.A.
31 . Moreover, and upon information and belief, many of the
administrative site plan approvals which the City seeks to
"grandfather" through its new Land Development Regulation,
contained special exceptions, unusual uses and non-use variances
which had been previously authorized pursuant to Sections 33-31
1 (A) (3) , 4 (b) , and (7) of the Miami-Dade County Code and which
have subsequently been declared to be unconstitutional as a
matter of law.
32 . To the extent that the Land Development Regulations
seek to provide developers with vested rights for approvals
which may in turn be constitutionally defective, the vested
rights provisions of the LDRs are illegal and void.
WHEREFORE, the plaintiffs request an order and judgment
providing the following relief :
a) A declaration that Section 103 . 2 of Sunny Isles
Beach' s Land Development Regulations is void as a
matter of law;
b) An injunction prohibiting enforcement of Section
103 . 2 of the Land Development Regulations of Sunny
Isles Beach;
c) An award to the plaintiffs of the costs of this
action, including attorney' s fees ; and
d) Such other relief which this Court deems to be
equitable and just .
11
SHUBIN & BASS, P.A.
COUNT IV
(DECLARATION THAT COMP PLAN IS VOID FOR VAGUENESS)
33 . The plaintiffs reallege and reincorporate paragraphs 1
through 17 as though fully set forth herein .
34 . In order to determine whether the Land Development
Regulations are consistent with the City' s Comprehensive Plan,
it is necessary to understand and apply relevant textual
provisions and terms of the Comprehensive Plan to the facts of
this case .
35 . The plaintiffs believe that the plain meaning of the
relevant portions of the Comprehensive Plan clearly demonstrate
that the Land Development Regulations are inconsistent with the
Comprehensive Plan. The City' s only conceivable explanation for
the inconsistency has been to ascribe different and widely
varying interpretations to those same provisions and terms .
36 . In the event that the Court finds that the City' s
interpretations of the relevant sections of the Comprehensive
Plan can be used to interpret the meaning of these terms, it is
the plaintiffs' position that the terms are so vague, uncertain
and ambiguous that they do not apprise either the applicant,
affected parties , the government or the public of their intent,
purpose and requirements .
32 The plaintiffs believe that sections of the
Comprehensive Plan referenced in this count , to the extent they
12
SHUBIN & BASS, PA.
are interpreted by the City' s representatives and applied to the
Land Development Regulations, are in violation of the due
process requirements of the state and federal constitutions and
invalid as a matter of law.
WHEREFORE, the plaintiffs seek a declaratory judgment as
follows :
a) That the Court strike those provisions of the
Comprehensive Plan, relied upon by the City to justify
any inconsistency with the Land Development Regulations,
as unconstitutionally vague and therefore void;
b) That the Court require the City to redraft any defective
sections of the Comprehensive Plan in order that they be
constitutional ;
c) That all approvals made pursuant to the Land Development
Regulations be reversed and rendered void;
d) All such other relief as this Court deems just and
proper.
Dated this 9`h day of January, 2003 .
Respectfully Submitted,
SHUBIN & BASS, P.A.
46 S .W. First Street
Third Floor
Flori .. w
Ill ��
r
JOH SHUBIN, ESQ.
F . BAR NO. 771899
13
SHUBIN & BASS, P.A.