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HomeMy WebLinkAboutResolution Zoning 07-Z-109 RESOLUTION NO. 07-Z- IO'l A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION SUBMITTED BY JERRY'S FAMOUS DELI, INC., (THE "APPLICANT"), (Z2007-01), FOR A SITE PLAN MODIFICATION OF PREVIOUSLY APPROVED PLANS PURSUANT TO SECTION 265-18 OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR's), REGARDING THE PROPERTY LOCATED AT 17150-17190 COLLINS AVENUE, SUBJECT TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on January 31, 2007, JERRY'S FAMOUS DELI, INC., (the "Applicant") submitted Application No. Z2007-01 to the City of Sunny Isles Beach, Florida ("the Application"), requesting the following: 1) Increase the permitted Commercial Retail from 20,500 square feet to 38,463 square feet. 2) Reduce the permitted office space from 77,400 square feet to 44,689 square feet. 3) Change the mix of units from 243 tower condominium units to 222 tower condominium units and 21 townhome units to be located on the third and fourth floors where office space was previously located. The total number of dwelling units remains at 243. 4) Modification of plans approved under Cond ition #2 of Resolution 06-Z-1 06 passed and adopted by the City Commission on December 14, 2006 reading as follows: From: Plans are on file and may be examined in the Planning and Zoning Department entitled "Epicure", prepared by Martin A.D. Yabor & Assoc., Inc. Architects Planners Interior Design, consisting of 28 sheets dated stamped revised 11-16-06 and plans entitled "Sketch of Survey", consisting on 3 sheets prepared by Schwebke-Shiskin & Associates, Tnc., dated stamped 11-04-06 and plans entitled "Pavement Marking Plan" "Preliminary Civil Engineering Design Plan", consisting of 4 sheets prepared by Robayna and Associates Inc. Engineers. Planners, Surveyors dated stamped revised 11-09-06, plans entitled "Planting Plan First Level Quadrant A" "Planting Plan First Level Quadrant B" "Planting Plan Fifth Level" "Planting Plan Amenities Level" "Planting Notes & Details" "Hardscape Plan First Level Quadrant A" "Hardscape Plan First Level Quadrant B", consisting of 7 sheets prepared by Witkin Design Group Landscape Architecture and Planning dated stamped revised 11-10-06. To: Plans submitted for public hearing by Applicant are on file in the Planning and Zoning Department entitled "Epicure", including cover sheet prepared by Martin A.D. Yabor & Epicure Reso Z2007 -0 I Page I of 8 Assoc., Inc. Architects Planners Interior Design, consisting of 38 sheets dated stamped revised 03-15-07 entitled "Site Plan - Miami-Dade County Fire Department Approval" "Site Plan" "Site Plan Modified" "Underground Floor Plan" "First Floor Plan" " Second Floor Plan" "Third Floor Plan" "Third Floor Plan Modified" "Fourth Floor Plan" "Fourth Floor Plan Modified" "Fifth Floor Plan" "Fifth Floor Plan Modified" "Sixth Floor Plan" "Sixth Floor Plan Modified" "Seventh Floor Plan" " Seventh Floor Plan Modified" "Eight Floor Plan" "Eight Floor Plan Modified" " Ninth Floor Plan" "Ninth Floor Plan Modified" "Tenth Floor Plan" "Tenth Floor Plan Modified" "Eleventh Floor Plan" "Eleventh Floor Plan Modified" "Twelfth Floor Plan" "Twelfth Floor Plan Modified" "Thirteen Floor Plan" "Thilieen Floor Plan Modified" "Fourteen Floor Plan ""Fourteen Floor Plan Modified" "Amenities Floor Plan" "North Elevation" "East & West Elevation" "South Elevation" "Longitudinal Section" "Building Section" "Parking Details", plans entitled "Sketch of Survey", consisting of 3 sheets prepared by Schwebke-Shiskin & Associates, Inc., dated 11-04-05, plans entitled "Pavement Marking Plan" "Preliminary Civil Engineering Design Plan", consisting of 2 sheets prepared by Robayna and Associates Inc. Engineers. Planners, Surveyors dated stamped 01-31-06, plans entitled "Planting Plan First Level Quadrant 'A'" "Planting Plan First Level Quadrant 'B'" "Planting Plan Fifth Level" "Planting Plan Amenities Level" "Planting Notes & Details" "Hardscape Plan First Level Quadrant 'A'" "Hardscape Plan First Level Quadrant 'B''', consisting of 7 sheets prepared by Witkin Design Group Landscape Architecture and Planning dated stamped 03-01-06, and plans entitled "First Floor Plan-Photometric" "Amenities Floor Plan-Photometric", consisting of 3 sheets prepared by DesignOne Consulting Engineers dated 03-06-06. Rascal Plaza Legal: That portion of the North 100 feet of the South 300 feet of Lot 2 of TATUM'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida, lying West of the Westerly right-of- way line of Florida State Road AlA, described as follows: Begin at the intersection of the North line of the North 100 feet of the South 300 feet of Lot 2 of TATUM'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida, with the Westerly line of Florida State Road AlA as shown by Plat recorded in Plat Book 47, at Page 101, of the Public Records of Miami-Dade County, Florida, said point being the Southeasterly corner of Lot 1 of the subdivision of SOUTH SHORES ESTATES as recorded in Plat Book 52, at Page 69, of the Public Records of Miami-Dade County, Florida; thence West along the North line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATUM'S SUBDIVISION for a distance of 402.15 feet to the S.W. corner of Lot 3 of Said SOUTH SHORE ESTATES subdivision; thence South along the prolongation South of the Line dividing Lots 3 and 4 of said SOUTH SHORE ESTATES subdivision for a distance of 100 feet to a point on the South Line of the North 100 feet of the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S SUBDIVISION; thence East along the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S SUBDIVISION, for a distance of 392.28 feet Epicure Reso Z2007-0 I Page 2 of 8 to a point on the Westerly right-of-way line of the aforesaid Florida State Road AlA; thence Northeasterly along the Westerly right-of-way a distance of 100.48 feet to the Point of Beginning of the parcel ofland herein described. Rascal House Legal: Lots 1, 2, 3, 4 and 5, of SOUTH SHORE ESTATES, according to the Plat thereof, as recorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County, Florida; And That portion of the North 100 feet of the South 300 feet of Lot 2, of TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64, of the Public Records of Miami-Dade County, Florida, lying West of the Westerly right-of-way line of Florida State Road AlA, more particularly described as follows: Beginning at the intersection of the North line of the North 100 feet of the South 300 feet of Lot 2, of TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64, of the Public Records of Miami-Dade County, Florida, with the Westerly right-of-way line of Florida State Road A 1 A, as shown by Plat recorded in Plat Book 47, Page 101, of the Public Records of Miami-Dade County, Florida, said point being the Southeasterly corner of Lot 1, of the subdivision of SOUTH SHORE EST A TES, as recorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County, Florida; thence West along the North Line of the North 100 feet of the South 300 feet of Lot 2, of the aforesaid TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of 402.15 feet to the Southwest corner of Lot 3 of said SOUTH SHORE ESTATES SUBDIVISION, which point is the Point of Beginning; thence continue West along North line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of 200 feet to a point, which point is the Southwest corner of Lot 5 of said SOUTH SHORE ESTATES SUBDIVISION; thence South along the prolongation South of the line diving Lots 5 and 6 of said SOUTH SHORE EST AES SUBDIVSISION for a distance of 100 feet to a point on the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S OCEAN PARK COMPANY'S SUBDIVISION; thence East along the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of200 feet to a point, which point is 392.28 feet West of the Westerly right-of-way of the aforesaid Florida State Road A 1 A; thence North along the prolongation South of the line diving Lots 3 and 4 of said SOUTH SHORE ESTATES SUBDIVISION, for a distance of 100 feet to the Point of Beginning of the parcel of land herein described, which point is the Southwest corner of Lot 3 of said SOUTH SHORE ESTATES SUBDIVISION. Size of Property: 3.11 acres Address: 17150-17190 Collins Avenue WHEREAS, on May 17, 2007, the City Commission conducted a public hearing on the Application; and Epicure Reso Z2007 -0 I Page 3 0 f 8 WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter were heard, and due and proper consideration was given to the matter and to the positive recommendation contained in the joint memorandum from the Planning and Zoning Administrator and the Planning Consultant; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, the City commission reviewed the Application, the written and oral recommendations of the Planning and Zoning Administrator and the Planning Consultant and all outside consultants who render reports with respect to the Application, including the recommended conditions, and found substantial competent evidence to support a showing by the Applicant that the requests for site plan modification is in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintain the basic intent and purpose of the zoning, subdivision or other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS SUCCESSORS OR ASSIGNS, AS FOLLOWS: II. INCORPORATION OF RECITALS. All recitals are incorporated into the body of this Resolution as if same were fully set forth herein. III. APPROVALS. A. The Applicant's request for approval of the site plan modification of previously approved plans for the project known as "Epicure" is hereby granted and said site plan modification is hereby approved, subject to all of the conditions provided in this Resolution, including but not limited to those conditions set forth in Section IV of this Resolution. The failure of performance of any of these conditions shall be deemed a denial of this Application. B. The Applicant's request for approval of a modification of plans approved under Condition #2 of Resolution 06-Z-1 06 (see attached) passed and adopted by the City Commission on December 14, 2006, is hereby granted. IV. CONDITIONS Conditions to be completed before below grade or building permits are issued. (1) Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the Planning and Zoning Administrator and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would Epicure Reso Z2007-0 I Page 4 of8 not be considered "minor" in accordance with Section 26S-18 of the City Code; the applicant shall be required to obtain another approval of the City Commission. (2) That the project shall be developed substantially in accordance with the plans submitted by Applicant for public hearing. Plans are on file and may be examined in the Planning and Zoning Department entitled "Epicure", including cover sheet prepared by Martin A.D. Yabor & Assoc., Inc. Architects Planners Tnterior Design, consisting of 38 sheets dated stamped revised 03-1S-07 entitled "Site Plan - Miami-Dade County Fire Department Approval" "Site Plan" "Site Plan Modified" "Underground Floor Plan" "First Floor Plan" " Second Floor Plan" "Third Floor Plan" "Third Floor Plan Modified" "Fourth Floor Plan" "Fourth Floor Plan Modified" "Fifth Floor Plan" "Fifth Floor Plan Modified" "Sixth Floor Plan" "Sixth Floor Plan Modified" "Seventh Floor Plan" " Seventh Floor Plan Modified" "Eight Floor Plan" "Eight Floor Plan Modified" " Ninth Floor Plan" "Ninth Floor Plan Modified" "Tenth Floor Plan" "Tenth Floor Plan Modified" "Eleventh Floor Plan" "Eleventh Floor Plan Modified" "Twelfth Floor Plan" "Twelfth Floor Plan Modified" "Thirteen Floor Plan" "Thirteen Floor Plan Modified" "Fourteen Floor Plan ""Fourteen Floor Plan Modified" "Amenities Floor Plan" "North Elevation" "East & West Elevation" "South Elevation" "Longitudinal Section" "Building Section" "Parking Details", plans entitled "Sketch of Survey", consisting of 3 sheets prepared by Schwebke-Shiskin & Associates, Inc., dated 11-04-05, plans entitled "Pavement Marking Plan" "Preliminary Civil Engineering Design Plan", consisting of 2 sheets prepared by Robayna and Associates Inc. Engineers. Planners, Surveyors dated stamped 01-31-06, plans entitled "Planting Plan First Level Quadrant 'A'" "Planting Plan First Level Quadrant 'B'" "Planting Plan Fifth Level" "Planting Plan Amenities Level" "Planting Notes & Details" "Hardscape Plan First Level Quadrant 'A'" "Hardscape Plan First Level Quadrant 'B"', consisting of 7 sheets prepared by Witkin Design Group Landscape Architecture and Planning dated stamped 03-01-06, and plans entitled "First Floor Plan-Photometric" "Amenities Floor Plan-Photometric", consisting of 3 sheets prepared by DesignOne Consulting Engineers dated 03-06-06. Plans may be modified at public hearing. (3) Except as otherwise modified herein, all the conditions approved under Resolution No. 06- Z-106 shall remain in effect. (4) The Applicant shall grant to the City of Sunny Isles Beach, Florida, a wireless infrastructure ("wifi") easement and/or license to install a telecommunications device, approximately two feet by three feet (2' x 3 '), at a rooftop location on the Applicant's condominium development, the precise location to be designated by the City Manager or designee and the Applicant. (5) The Applicant shall provide six (6) additional handicap parking spaces in addition to the fifteen (15) required handicap parking spaces, thereby increasing the total minimum number of handicap parking spaces to twenty one (21). The Applicant shall allocate three (3) of the six (6) additional handicap parking spaces to the condominium development. Epicure Rcso Z2007-01 Page 5 0 f 8 NO BUILDING PERMIT SHALL BE ISSUED (EXCEPT FOR DEMOLITION AND SALES CENTER) UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND RESOLUTION NO. 06-Z-106, AND SHALL HAVE P AID ALL IMP ACT FEES, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE CITY (IF APPLICABLE), OR OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREINABOVE HAVE BEEN TRANSFERRED PROFESSIONAL FEES SECTION 267 OF CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. V. SEVERABILITY AND EFFECTIVE DATE. If any section, subsection, clause of provision of this Resolution is held invalid, the remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 1. Effective Date: This Resolution shall become effective upon adoption. PASSED and ADOPTED this 1 ih day of May, 2007. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission . /" ~.. ., \ . .~" \,-. . -' ... By: '~d~ >", " J.. '." .' '. ;'~ I /' ".t ,.' , Epicure Reso Z2007 -01 Page 6 of 8 APPROVED AS TO FORM AND LE S C Y: VOTE: 5-0 Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias Epicure Reso Z2007-01 JLyes ~es 0es c....-yes ~es Moved by: c.OW'\W\\SSlI'lUf.n. ~R~ZJV Second by: V\~ YV\~D~ 1Jia.Lt.e.. no no no no no Page 7 of 8 STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, JANE A. HINES, City Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No.07-2.-IO~ adopted by the City Commission at its meeting held on the 17~ day of mAY ,2007. Issued: MCli ~~ I ~corl ~A~ Jane A. Hines, CMC, City Clerk Epicure Reso Z2007-0J Page 8 0 f 8 TO: VIA: FROM: DATE: RE: City olf Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Nonnan S. Edelcop, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner (305) 947-0606 City Hall (305) 949-3 113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag. City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Jorge L. Vera, Assistant City Manager Robert Sol era, Community Development Director Steven Belden, Planning Consultant Calvin, Giordano & Associates Elena Del Campillo, Planning and Zoning Technician May 17, 2007 Jerry's Famous Deli, Inc. RECOMMENDA nON: This resolution is presented for your consideration REASONS: The applicant previously received site plan approval on December 14, 2006, per Resolution 06- Z-106 to construct a 15-story condominium tower consisting of 243 dwelling units. The proposed modification would increase the permitted commercial retail from 20,500 square feet to 38,463 square feet, reduce the permitted office from 77,400 square feet to 44,689 square feet, and change the mix of units from 243 tower condominium units to 222 tower condominium units and 21 townhome units to be located on the third and fourth floors, where office space was previously located. The total number of dwelling units remains 243. To be completed by Department Head To be completed by City Oerk"s Oflice .. Funding available: Approval: Agenda Item No.: ~ A Finance Department City Manager 5-11-02 Commission Meeting Date: - Memo EpIcure o! I. Project Summary Application Number: Application Summary: Applicant/Owner: Agent: CITY OF SUNNY ISLES BEACH DEVELOPMENT REVIEW REPORT Z2007-01 Epicure Site Plan Modification The Applicant is requesting a site plan modification of the previously approved condominium development under Resolution No. 06-Z-106 on December 14, 2006, to construct a 15-story condominium tower consisting of 243 dwelling units. The proposed modification would increase the permitted commercial retail from 20,500 square feet to 38,463 square feet, reduce the permitted office space from 77,400 square feet to 44,689 square feet, and change the mix of units from 243 tower condominium units to 222 tower condominium units and 21 townhome units to be located on the third and fourth floors, where office space was previously located. The total number of dwelling units remains at 243. The Applicant has transferred 14,748 square feet of office space to increase the size of the townhomes. 1) Increase the permitted Commercial Retail from 20,500 square feet to 38,463 square feet. 2) Reduce the permitted office space from 77,400 square feet to 44,689 square feet. 3) Change the mix of units from 243 tower condominium units to 222 tower condominium units and 21 townhome units to be located on the third and fourth floors where office space was previously located. The total number of dwelling units remains at 243. 4) Modification of plans approved under Condition #2 of Resolution 06-Z- 106 passed and adopted by the City Commission on December 14, 2006. Jerry's Famous Deli, Inc. 12711 Ventura Boulevard, Suite 400 Studio City, CA 91604 Phone: 786-457-2255 Stephen J. Helfman Weiss, Serota, Pastoriza, Cole & Boniske, P.A. 2665 South Bayshore Drive, Suite 420 Miami, FL 33133 H. Site Information Land Area: 3.11 acres Location: 17150-17190 Collins Avenue Land Use: Town Center Overlay District (TCOD) Zoning: Town Center District (TCD) Adjacent Properties: Existing Land Use Zoning Land Use Plan North Commercial retail TCD TCOD East Multi family residential MU-R MUHDR South Commercial retail TeD TCOD West Multi-family residential TCD TCOD III. History The project known as the site plan for the "Epicure" Market will be located on the property located at 17150 - 17190 Collins Avenue. The Epicure site plan received City Commission approval on December 14, 2006 by Resolution 06-Z-1 06. IV. Request Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations the Applicant is requesting a site plan Modification of a previously approved site plan under Resolution 06-Z-1 06; to permit the proposed development to incorporate the following modifications: 1) Increase the permitted Commercial Retail from 20,500 square feet to 38,463 square feet. 2) Reduce the permitted Office from 77,400 square feet to 44,689 square feet. 3) Change the mix of units from 243 tower condominium units to 222 tower condominium units and 21 townhome units to be located on the third and fourth floors where office space was previously located. The total number of dwelling units remains 243. 4) Modification of plans approved under Condition #2 of Resolution 06-Z-106 passed and adopted by the City Commission on December 14, 2006 reading as follows: From: Plans are on file and may be examined in the Planning and Zoning Department entitled "Epicure", prepared by Martin A.D. Yabor & Assoc., Inc. Architects Planners Interior 2 Design, consisting of 28 sheets dated stamped revised 11-16-06 and plans entitled "Sketch of Survey", consisting on 3 sheets prepared by Schwebke-Shiskin & Associates, Inc., dated stamped 11-04-06 and plans entitled "Pavement Marking Plan" "Preliminary Civil Engineering Design Plan", consisting of 4 sheets prepared by Robayna and Associates Inc. Engineers. Planners, Surveyors dated stamped revised 11-09-06, plans entitled "Planting Plan First Level Quadrant A" "Planting Plan First Level Quadrant B" "Planting Plan Fifth Level" "Planting Plan Amenities Level" "Planting Notes & Details" "Hardscape Plan First Level Quadrant A" "Hardscape Plan First Level Quadrant B", consisting of 7 sheets prepared by Witkin Design Group Landscape Architecture and Planning dated stamped revised 11-10-06. To: Plans submitted for public hearing for "Jerry's Famous Deli, Inc." are on file in the Planning and Zoning Department entitled "Epicure", including cover sheet prepared by Martin A.D. Yabor & Assoc., Inc. Architects Planners Interior Design, consisting of 38 sheets dated stamped revised 03-15-07 entitled "Site Plan - Miami-Dade County Fire Department Approval" "Site Plan" "Site Plan Modified" "Underground Floor Plan" "First Floor Plan" " Second Floor Plan" "Third Floor Plan" "Third Floor Plan Modified" "Fourth Floor Plan" "Fourth Floor Plan Modified" "Fifth Floor Plan" "Fifth Floor Plan Modified" "Sixth Floor Plan" "Sixth Floor Plan Modified" "Seventh Floor Plan" " Seventh Floor Plan Modified" "Eight Floor Plan" "Eight Floor Plan Modified" " Ninth Floor Plan" "Ninth Floor Plan Modified" "Tenth Floor Plan" "Tenth Floor Plan Modified" "Eleventh Floor Plan" "Eleventh Floor Plan Modified" "Twelfth Floor Plan" "Twelfth Floor Plan Modified" "Thirteen Floor Plan" "Thirteen Floor Plan Modified" "Fourteen Floor Plan ""Fourteen Floor Plan Modified" "Amenities Floor Plan" "North Elevation" "East & West --- --- -- -~ -~"._----------- - -_._--~ - ------ ---- -- ------_.- --- -----~-- ------ ------ Elevation ,,-. "South--.Elevation"--"[ongitudinal Section"-"BuilQing Section"-"Parking Details", plans entitled "Sketch of Survey", consisting of 3 sheets prepared by Schwebke- Shiskin & Associates, Inc., dated 11-04-05, plans entitled "Pavement Marking Plan" "Preliminary Civil Engineering Design Plan", consisting of 2 sheets prepared by Robayna and Associates Inc. Engineers. Planners, Surveyors dated stamped 01-31-06, plans entitled "Planting Plan First Level Quadrant 'A'" "Planting Plan First Level Quadrant 'B'" "Planting Plan Fifth Level" "Planting Plan Amenities Level" "Planting Notes & Details" "Hardscape Plan First Level Quadrant 'A'" "Hardscape Plan First Level Quadrant 'B''', consisting of 7 sheets prepared by Witkin Design Group Landscape Architecture and Planning dated stamped 03-01-06, and plans entitled "First Floor Plan-Photometric" "First Floor Plan-Photometric" "Amenities Floor Plan-Photometric", consisting of 3 sheets prepared by DesignOne Consulting Engineers dated 03-06-06. Rascal Plaza Le2al: That portion of the North 100 feet of the South 300 feet of Lot 2 of TATUM'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida, lying West of the Westerly right-of- way line of Florida State Road A 1 A, described as follows: Begin at the intersection of the North line of the North 100 feet of the South 300 feet of Lot 2 of TATUM'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida, with the \Vesterly line of Florida State Road AlA as shown by Plat recorded in Plat Book 47, at Page 101, of the Public Records of Miami-Dade County, Florida, said point being the 3 Southeasterly corner of Lot 1 of the subdivision of SOUTH SHORES ESTATES as recorded in Plat Book 52, at Page 69, of the Public Records of Miami-Dade County, Florida; thence West along the North line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATUM'S SUBDIVISION for a distance of 402.15 feet to the S.W. corner of Lot 3 of Said SOUTH SHORE EST A TES subdivision; thence South along the prolongation South of the Line dividing Lots 3 and 4 of said SOUTH SHORE ESTATES subdivision for a distance of 100 feet to a point on the South Line of the North 100 feet of the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S SUBDIVISION; thence East along the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S SUBDIVISION, for a distance of 392.28 feet to a point on the Westerly right-of-way line of the aforesaid Florida State Road AlA; thence Northeasterly along the Westerly right-of-way a distance of 100.48 feet to the Point of Beginning of the parcel of land herein described. Rascal House Legal: Lots 1, 2, 3, 4 and 5, of SOUTH SHORE ESTATES, according to the Plat thereof, as recorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County, Florida; And That portion of the North 100 feet of the South 300 feet of Lot 2, of TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64, of the Public Records of Miami-Dade County, Florida, lying West of the Westerly right-of-way line of Florida State Road AlA, more particularly described as f()llovvs: BeginniIlg at tl1~_ !~Ie1"se_c;tio~uqf the Northline of the North) QO feetof the_South ---------~-~300-feet____of-[;ot-2~f-TATtJrvr'S-OCEAN-PARK-COMPANY'S-SlJBDIVISTON, according to the Plat thereof, as recorded in Plat Book 10, Page 64, of the Public Records of Miami-Dade County, Florida, with the Westerly right-of-way line of Florida State Road A 1 A, as shown by Plat recorded in Plat Book 47, Page 101, of the Public Records of Miami-Dade County. Florida, said point being the Southeasterly corner of Lot 1, of the subdivision of SOUTH SHORE EST A TES, as recorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County, Florida; thence West along the North Line of the North 100 feet of the South 300 feet of Lot 2, of the aforesaid TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of 402.15 feet to the Southwest corner of Lot 3 of said SOUTH SHORE ESTATES SUBDIVISION, which point is the Point of Beginning; thence continue West along North line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of 200 feet to a point, which point is the Southwest corner of Lot 5 of said SOUTH SHORE ESTATES SUBDIVISION; thence South along the prolongation South of the line diving Lots 5 and 6 of said SOUTH SHORE EST AES SUBDIVSISION for a distance of 100 feet to a point on the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S OCEAN PARK COMPANY'S SUBDIVISION; thence East along the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of 200 feet to a point, which point is 392.28 feet West of the Westerly right-of-way of the aforesaid Florida State Road AlA; thence North along the prolongation South of the line diving Lots 3 and 4 of said SOUTH SHORE EST A TES SUBDIVISION, for a distance of 100 feet to the Point of Beginning of the pareeI-of-lancl--herein--clescribed-;--which point is -the -South\vest- corner-of- Lot 3 of said SOUTH SHORE EST A TES SUBDIVISION. 4 v 0 ZOl!tyltlg 1. Setbacks (265-37.F(6)): Required Provided Front (Collins Core Edge) Pedestal 25 feet 25 feet. Complies. Tower from pedestal 105 feet 50 feet. *Complies. Penthouse from tower 100 feet o feet. *Does Not Comply. Rear 10 feet 30 feet. Complies. Side East 10 feet 10 feet. Complies. Side West 1 0 feet 10 feet. Complies. *Variance approved per Resolution 06-Z-106. 2, Maximum Height (265-37.F(9)): Complies. Required: 170 feet (15 stories). Provided: 170 feet (15 stories). 3. Floor Area Ratio (265-37.F(1)): Complies. Permitted: Base FAR (2.5): = 338,679 sf Provided: FAR w/Bonus (3.555): = 482,033.11 sf Mixed Use Bonus - .50 Site Assembly Bonus - .055 ~~en-;:Si te-:parking~Bonus .~. . n . 5()----- n_~===__==___===:::=.:.=_-=::===-~_ FAR w/Bonus and TDR's (3.86): = 523,725 sf (No change from previously approved site plan). 4. Maximum Dwelling Unit Density (265-37.F(2)): Complies. Permitted: 60 du/ac (186 units). Provided: 78 dulac, with TDR's (243 units). (No change from previously approved site plan). 5. Tower Width (265-37.F(11)): Complies. Required: 200 feet maximum. Provided: 163 feet. 6. Lot Coverage(265-37.F(5)): Complies. Required: 80% maximum. Provided: 77%. 7. Landscaped Open Space (265-37.F(10)): Complies. Required: A minimum of twenty (20) percent of the lot area shall be landscaped and improved with ground level pedestrian walkways, courtyards, street furniture, lighting and landscape planting. Provided: 21 %. 5 VI. Off-Street Parking and Loading Standards Parking a) Amount of off-street parking (265-46.B): Complies. Required per Provided Required per Provided approved site site plan plan modification Regular (Residential) 384 384 (Commercial) 82 149 (Office) 258 154 TOTAL 724 746 687 746 b) Tandem parking spaces (265-46.A(4)): N/A Required: 20% of the required off-street parking spaces, other than handicapped parking, may be permitted as tandem. c) Required handicapped spaces (265-46.A(6)): Complies. Required: 15. Provided: 15. n. --- .-d} ---Miuimum::p~~king-staU-size-f265-46.A(.1)Jl!~)j=--GoIImlie..s~::~-.-- ..------------- .. Required: 9' x 18'. Provided: 9' x 18'. Off-street loading a) Minimum size (265-46.D(1)(b)): Complies. Required: 10' x 25'. Provided: 10' x 25' minimum. b) Number of spaces (265-46.D(2)(c)): Complies. Required: 4. Provided: 4. c) Location (265-46.D(2)(c)[1]) and (265-46.D(2)(d)[1]): Complies. Required: Loading spaces shall not be located within the front setback area. VII. Outdoor Lighting Standards a) Lighting Plan (265-74(B)): Complies. Required: A plan which shows the photometrics of the site's lighting for vehicular use areas, outside building areas, signs and streets shall be prepared by a registered professional engineer. Provided: Photometric Plan provided. b) Maximum Level of Illumination (265-74(D)): Complies. 6 Required: Spillover shall not exceed 0.5 footcandles measured vertically along the property line at the perimeter of the property. Provided: Spillover does not exceed 0.5 footcandles at property line. c) Light Height Standards (265-74(E)): Complies. Required: 12' for non-cutoff type luminaries. 30' for cutoff type luminaries. Provided: 16'. VIII. Staff Analysis of Request The Epicure site plan is in furtherance of the goals and objectives contained within the City's Comprehensive Plan. Additionally, the Epicure meets the intent of the Town Center Zoning District to encourage mixed use development. Residential, retail and office uses are contained within the same building. The proposed modifications to the previously approved site plan will have no detrimental or negative effect on the surrounding property owners. IX. Conditions Conditions to be completed before below grade or building permits are issued. =_~--=-=(-!-L 'I'h~=-AppJicanL_sQall~~l!~!!lLt='!!ly~~d--_~!h~=~9cu~e!ltat!~!l-=and--payments~required-by-the-City-~to---~--= effectuate the transfer of development rights and further procedures being developed to effectuate this program, not withstanding the fact that such procedures may be formally adopted subsequent to this particular approval, prior to submitting for building permit. (2) Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the Planning and Zoning Administrator and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Section 265-18 of the City Code; the applicant shall be required to obtain another approval of the City Commission. (3) That the project shall be developed substantially in accordance with the plans submitted for public hearing. Plans are on file and may be examined in the Planning and Zoning Department entitled "Epicure", including cover sheet prepared by Martin A.D. Yabor & Assoc., Inc. Architects Planners Interior Design, consisting of 38 sheets dated stamped revised 03-15-07 entitled "Site Plan - Miami-Dade County Fire Department Approval" "Site Plan" "Site Plan Modified" "Underground Floor Plan" "First Floor Plan" " Second Floor Plan" "Third Floor Plan" "Third Floor Plan Modified" "Fourth Floor Plan" "Fourth Floor Plan Modified" "Fifth Floor Plan" "Fifth Floor Plan Modified" "Sixth Floor Plan" "Sixth Floor Plan Modified" "Seventh Floor Plan" " Seventh Floor Plan Modified" "Eight Floor Plan" "Eight Floor Plan Modified" " Ninth Floor Plan" "Ninth Floor Plan Modified" "Tenth Floor Plan" "Tenth Floor Plan Modified" "Eleventh Floor Plan" "Eleventh Floor Plan Modified" "Twelfth Floor Plan" "Twelfth Floor Plan Modified" "Thirteen Floor Plan" "Thirteen Floor Plan Modified" "Fourteen Floor Plan ""Fourteen Floor Plan Modified" "Amenities Floor Plan" "North Elevation" "East & West Elevation" "South Elevation" "Longitudinal Section" 7 "Building Section" "Parking Details", plans entitled "Sketch of Survey", consisting of 3 sheets prepared by Schwebke-Shiskin & Associates, Inc., dated 11-04-05, plans entitled "Pavement Marking Plan" "Preliminary Civil Engineering Design Plan", consisting of 2 sheets prepared by Robayna and Associates Inc. Engineers. Planners, Surveyors dated stamped 01-31-06, plans entitled "Planting Plan First Level Quadrant' A'" "Planting Plan First Level Quadrant 'B'" "Planting Plan Fifth Level" "Planting Plan Amenities Level" "Planting Notes & Details" "Hardscape Plan First Level Quadrant 'A'" "Hardscape Plan First Level Quadrant 'B"', consisting of7 sheets prepared by Witkin Design Group Landscape Architecture and Planning dated stamped 03-01-06, and plans entitled "First Floor Plan-Photometric" "First Floor Plan-Photometric" "Amenities Floor Plan- Photometric", consisting of 3 sheets prepared by DesignOne Consulting Engineers dated 03-06-06. Plans may be modified at public hearing. (4) All the conditions approved under Resolution No. 06-Z-106 shall remain in effect. 8 [>-{lES{J!ILL lrrr':Oj~\' ~~ IOJ/f}-Z,- ~ 0 ~; ,~ R.ESO!LiUTITO'\i Of THE err'\; CO~nllllSSITO)\i Of THE cnv OF SL'\:\Y ~SlES BlEACH, FLORJJDJA., ("CITTY") APrlRO\T\i(; THE l.Oi\ll~G AlFPLlleA TllON SLB~HTTIE[J) JBl. JilElRlRl.'S fAI\llOLS JDJIEU, UNC, {THE "Arpuc.\:\T"}, (l.2006-06), SHTlE PLAN APrIRO".Al, PLRSUANT TO SlEeTHO!\! 265-18 Of THE !LDR's, TO PEIRY.UT THE [)J!EVlELOIPMJENT Of fllfTlEEN-STORY CONDO.MllNHJM TOWIERS Vi/llTH A TOTAlL OF 243- RJESllDlEi\TllAlL L:\'llTS, AND fOR THE TRANSfER Of DEVELOPMENT lRllGHTS ("TDRs") n!\' THE AMOlTNT Of 11)],490 SQUARE flEET Of FlLOOR AREA AND 56 DWlEL.UNG lINllTS Of flOOR AREA, PVRSUANT TO SECTllOi\' 265-23 Of THE CITY'S lAND DEVElLOPMENT REGULATIONS (lDR's), ON THlE PROPERTY lOCATED AT ]7150-P190 COLLINS A VENLE, SUBJECT TO CONDITIONS; AND PROVIDHNG fOR AN EffECTIVE DATE. J. RECITALS. \VHEREAS, on December 14, 2006, JERR Y'S FAMOLS DELI, INC., (the "Applicant") submitted Application No. Z2006-06 to the City of Sunny Isles Beach, Florida ("the Application') requesting the follO\ving: I. Pursuant to Section 265-] 8 of the City of Sunny Isles Beach Land Development Regulations. the appl icant is requesting a site plan approval for a ] 5-story mixed-use development project. consisting of 243 d\\/ej]ing units. 77,400 square feet of offl~~_ _____u_o__ -and-~G~58e-square feet-ohetatl:---- -- --- -. - --- _m_____~ - 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a transfer of ] 0] ,640 square feet and 56 units of development rights. An adjustment shall be made for a decrease of 10] ,640 square feet and 56 units from the Tract "B" Porto BelJagio Bank. 3. The Applicant is requesting a variance from the requirements of Code Section 265- 37F(4)(b) of the Land Development Regulations "Summary Chart B Town Center Sub- District: Building MaSSIng by Street-Type.', to reduce the setback requirements from the tower to pedestal and the penthouse to the tower. Rascal Plaza Legal: That portion of the North ] 00 feet of the South 300 feet of Lot 2 of TATU!\l.S SUBDIVISION. according to the Plat thereof. as recorded in Plat Book) O. at Page 64, of the Pubjic Records of i\ltiami-Dade County. Florida, lying West of the \\esterly right-of-\"ay line of Florida State Road A] A. described as fojlows Begin at the intersection of the \;orth line of the North ] 00 feet of the South 300 feet of Lot::' of TA TL!"v]'S SLBDI\/SION. according to the Eric.J.c I~... c. , j~ -~ reel!, G:::- rC'L'on.J~U' Pial [3,)ok j ai Page 64, ul the Pubiic Rcccvd::; or \liami-Cadc CJunt>. FlOrida. \\ :IIl lhe \\ esterl) line of Florida State Road AlA as shown by Plat recorded in Flal Book 47, ai Page 10]. e,f the Public Records of \liarnl-Dade County, Florida. said point being the Southeasteriy corner of Lot] of the subdi\ision of SOUTH SHORES EST.\ TES as recorded in Plat Book .52. at Page 69, of the Public Records of \liami-Dade Count). Florida: thence West along the )\o11h line of the North 100 feet of the South JOO feet of Lot 2 of the aforesaid TA TL!\1'S SUBDIVISION for a distance of 402.].5 feet to the S. \V. comer of Lot 3 of Said SOL;TH SHORE ESTATES subdivision: thence South along the prolongation South of the Line dividing Lots 3 and 4 of said SOUTH SHORE ESTATES subdivision for a distance of I 00 feet to a point on the South Line of the North] 00 feet of the South line of the North IOO feet of the South 300 feet of Lot 2 of said T A TUvrS SUBDIVISION; thence East along the South line of the North] 00 feet of the South 300 feet of Lot 2 of said TA TUf\1"S SUBDIVISION. for a distance of 392.28 feet to a point on the \Vesterly right-of-way line of the aforesaid Florida State Road A 1 A: thence Northeasterly along the Vv'esterly right-of-way a distance of I00.48 feet to the Point of Beginning of the parcel of land herein descri bed. Rascal House Legal: Lots], 2, 3, 4 and 5, of SOUTH ~I--ig~~~?T_.0- T.f=:_S,_according to the Plat ------- -------rhereof---~Csrecoraed-jn--PlaT-Boo-k 52. Page 69, of the Public Records of I'vfiami-Dade County, Florida: And That portion of the North ] 00 feet of the South 300 feet of Lot 2. of L\ TU\1'S OCEAN PARK COMPANY.S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10. Page 64, of the Public Records of Miami-Dade County. Florida, lying West of the \,\'esterJ) right-of-way line of Florida State Road A I A, more particularly described as fa/Jaws: Beginning at the intersection of the North line of the North 100 feet of the South 300 feet of Lot 2. of TATUM'S OCEAN PARK CO!'v1PA\J'y.'S SUBDIVISION, according to the PIal thereof, as recorded in Plat Book] 0, Page 64, of the Public Records of J\'1iami-Dade County, Florida, v\'ith the Westerly right-of-way line of Florida State Road A] A, as shown by PJat recorded in Plat Book 47, Page 10 L of the Public Records of Miami-Dade County, Florida, said point being the Southeasterly comer of Lot I. of the subdivision of SOUTH SHORE ESTA TES, as recorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County, Florida: thence \\.est a10ng the \Jorth Line of the North 100 feet of the South 300 feet of Lot 2. of the aforesaid TA TU\1'S OCEAN PARK COMP.'\NY'.S SUBDIVISION. for a distance of 402,].5 feet to the Southwest corner of Lot 3 of said SOUTH SHORE ESTATES SLBDI\'!SIO~. \\ hieh point is the Point of Beginning: thence continue tpiCJre KC'50 Z:')iJ6.C'D )J~;.' ~ \\ es, 2;Cjlg \~Un!l line or lhe ><onh ! feet of the South 300 feel of Lot 2 cf lhe aforesaid T-\ Tl\1'S OCL~.\ PARK COfdPA:\YS SlBDiYfSIO\. for 3 distan,'e of 200 feel ki a POUll, which point is the Soulh" est carper of Lot 5 of s3Jd SOL'TH SHORE ESTATES SLBD1VISIO.\: thence South along the proiongation South of the line di \ ine Lots 5 and 6 of said SOL'TH SHORE ESL\ TES S UBDlV lSIO!\! for a distance of ] 00 feet to a point on the South line of the North] 00 feet of the South 300 feet of Lot 2 of said TA TUi\1"S OCEAN PA.RK C01\dPANY.S SL'BDIVISIOI\; thence East along the South line of the \"orth ] 00 feet of the South 300 feet of Lot 2 of said T A TUM.S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of 200 feet to a point. v,hich point is 392.28 feet \\.'est of the V/esterly right-of-way of the aforesaid Florida State Road A] A: thence North along the prolongation South of the line diving Lots 3 and 4 of said SOUTH SHORE EST A TES SUBDIVISION, for a distance of ] 00 feet to the Point of Beginning of the parcel of land herein described, which point is the South",vest corner of Lot 3 of said SOUTH SHORE ESTATES SUBDIVISION. Size of Property: 3.] ] acres Address: 17] 50-17190 Collins ,,; venue 'WHEREAS, on December 14, 2006, the City Commission conducted a public hearing on the Application: and _____ ~___~~___ ___~_____ WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter were heard, and due and proper consideration was given to the matter and to the positive recommendation contained in the joint memorandum from the Planning and Zoning Administrator and the Planning Consultant; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, the City Commission reviewed the Application, the written and oral recommendations of the Planning and ZonIng Administrator and the Planning Consultant and all outside consultants "vho render reports \\ith respect to the Application, including the recommended conditions. and found substantial competent e\idence to support a showing by the Applicant that the requests for the transfer of development rights and for site plan approval are in compliance with the Land Development Regulations and the Comprehensive 1\1aster Plan of the City and maintain the basic intent and purpose of the zoning. subdivision or other land use regulations, vvhich is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community Er,:: -'~."' .' _ ' '. ',. ::~l' ; T\ fJ \/i 4- t. lEE ilT IP~~..eJ)IL \V IE 1D) ]3}/ il~Jt~E ,CilT a5~n ~Q; ~ \0) if' I1Y1IE crr')! OIF . ESlLlES TI1iEAClrl!, Fl([J)JRIT][}l.il~, AlPlFUCAJBLiE TD AlPlPUCANlf, ITlf~ Sl'CClESSOlRS OR ASSTIG1\S, AS IF([J)ILIL([J)WS~ lit IT~CORJPOR4\.lfnO~ OF R!ECTf AILS. All recitals are incorporated into the body of this Resolution as if same \vere fully set forth herein. Ht APPROVALS. The approvals set forth in this Section III are subject to (A) All of the conditions set forth in this Resolution: and (B) the voluntary proffer to the City of a mitigation fee in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00) to be used for drainage and related improvements for lnnd Street (the "Voluntary Mitigation Fee"), which shall be paid to the City of Sunny Isles Beach prior to the issuance of the Building Permit for the proj ect. A. The Applicant's request for approval of the Property as a Receiver Site and for approval of the transfer of 101,640 square feet and 56 dwelling units of development rights from the Tract "B" Porto Bellagio TDR Sub bank of Jerry's Famous Deli, Inc. to the property, pursuant to Section 265-23 of the LDR's, is hereby granted, and, subject to all of the conditions outlined herein, the City Commission finds such transfer consistent with the goals, policies and objectives of the Comprehensive Plan and the expressed purpose of Section 265-23 of Code of the City of Sunny Isles Beach as amended. B. The Applicant's request for approval of the site plan submined for the project known as "Epicure" is hereby granted and said site plan is hereby approved, subject to the actual transfer of the development rights, and to all of the conditions provided in this Resolution, including but not limited to those conditions set forth in Section IV of this Resolution. The failure of performance of any of these conditions shall be deemed a denial of this Application. C. The Applicant's request for approval of a variance from the requirements of Code Section 265-37F(4)(b) of the Land Development Regulations "Swrunary Chart B Town Center Sub- District: Building Massing by Street-Type", to reduce the setback requirements from the tower to pedestal and the penthouse to the tower, is hereby approved. IV. CONDITIONS. COlllditions to be completed before below grade or buildnm! permits are issued. (]) The Applicant shall submit any and other documentation and payments required by the City to effectuate the transfer of development rights and further procedures being developed to effectuate this program, not withstanding the fact that such procedures may be formally adopted subsequent to this particular approvaL prior to submitting for building permit. E;::c~~c Resc Z~OCJ(-~;f P 3.ge ~ ,:; r J ! (2) That Llpcn the sUDmiIl3; of an appJicaticl' for budding permit the plans submitted shall meet with the approval of the Planning and Zoning .;'\dministrator and be consistent veith the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land De\elopment Regulations and recommendations and conditions. Should compliance v,ith the conditions and recommendations result in a change that \vould not be considered "minor.' in accordance \vith Section 265-18(I) the Applicant shall be required to obtain another approval of the City Commission. (3) That the project shall be developed substantially in accordance v,:ith the plans submitted for the December 14,2006 public hearing for the plans that are on file and may be examined in the Planning and Zoning Department entitled "Epicure", prepared by Martin A.D. Yabor & Assoc., Inc. Architects Planners Interior Design, consisting of 28 sheets dated stamped revised 11-16-06 and plans entitled "Sketch of Survey", consisting on 3 sheets prepared by Schwelke-Siskin & Associates, Inc., dated stamped 11-04-06 and plans entitled "Pavement Marking Plan" "Preliminary Civil Engineering Design Plan", consisting of 4 sheets prepared by Robayna and Associates Inc. Engineers. Planners, Surveyors dated stamped revised 11-09-06, plans entitled "Planting Plan First Level Quadrant A" "Planting Plan First Level Quadrant B" "Planting Plan Fifth Level" "Planting Plan Amenities Level" "Planting Notes & Details" "Hardscape Plan First Level Quadrant A" "Hardscape Plan First Level Quadrant B", consisting of 7 sheets prepared by Witkin Design Group Landscape Architecture and Planning dated stamped revised 11-10-06. Plans may be modified at public hearing. (4) That a plot plan be submitted to the Planning and Zoning Administrator, landscape Architect and Planning Consultant including their in-house experts, for their review. The plot plan shall include all easements proffered by the Applicant to the City, including but not limited to a ten foot (10') landscaping streetscape and pedestrian easement in accordance with the City Streetscape Master Plan (the "Streetscape Easement"). The plot plan shall show the type and size of plant materials, which shall be in compliance with the City's Streetscape Master Plan. (5) That the Applicant shall submit a Declaration of Restrictive Covenants (the "Declaration") in recordable form, in accordance with the Code of the City of Sunny Isles Beach, acceptable to the City, prior to the issuance of a building permit. The Declaration shall proffer the Streetscape Easement over, across, under and through the easement. The Declaration of Restrictive Covenants shall specify the use of the proffered easement and establish that the easement shall be placed in perpetuity. (6) That the Applicant shall submit evidence of purchase of the required 10] ,640 square feet and 56 units of TORs for the approval of the City Administration, which shall then, in accordance with Section 265-23 of the Code of the City of Sunny Isles Beach, advise the City Commission that this condition has been met and which shall at the same time submit a resolution for approval of a revised Bank Statement. adjusted to retlect the approved site Eplc:..:re Res,) Z]iJtJ6<"6 PaQe~o~.l) and '::he units e,f -r[)F...s arcributab!c to Epicure v\-hich Bard" St3ternenL shali 3.1S() reflect o.lJ appL:\ co s:tes and the units of TDRs attributablelo each site. (7) That the Applicant comply \;\ith all conditions and permit requirements of the Department of Environmental Resource and I\1anagement (DE~l\1), the Miami-Dade County Fire Department (MDFD), Water and Sewer Department (\\/ASD), Department of Environmental Protection (DEP), and Florida Department of Transportation (FOOT). (8) That alJ overhead utilities adjacent to the public right-of-v,:ay on the Project site shall be placed underground in order to insure the public safety during an evacuation procedure and to insure the ability of the City to restore public utility service subsequent to a storm event. (9) That the Applicant shaIl submit plans for the construction of an appropriate barrier between the construction site and adjoining properties in order to minimized the impact of the construction site. The Applicant will comply with Chapters 135 and 193 of the Code of the City of Sunny Isles Beach relating to the construction site operations. The Applicant will use its efforts to minimize vibration and noise during the construction of the project. (10) That the Applicant has submined all documents required under this Resolution and all impact fees, bonuses, and transfer of development right monies, if applicable and professional fees in accordance with Chapter 267 of the Code of the City of Sunny Isles Beach. Tnr-YhaC-in the event of multiple o'Wnership, a master homeowner's and/or condominium association shall be established in accordance with applicable regulations to insure that all common areas and facilities for the residents, as weJJ as all easements dedicated to the City hereunder shall be maintained in a continuous and satisfactory manner, without expense to the general taxpayers of the City of Sunny Isles Beach. A copy of this Resolution shall be recorded at the expense of the Applicant, the original of the recorded Resolution shall be delivered to the City, and a copy of this Resolution and other recorded documents shall be included in any condominium documents recorded for this project. (12) No building permits shall be issued (except for demolition and sales trailers) unless the Applicant has submitted all documents required under this approval and shall have paid all impact fees, bonuses and Transfer of Development Rights, and all professional fees (as per Chapter 267 of the Code of the City of Sunny Isles Beach) have been paid. (13) That the Applicant shall submit a queuing analysis of the circular loop on 172nd Street to e\aluate whether sufficient storage is provided on-site to accommodate the demand. (14) That the Applicant has agreed to address or resolve all of the City's traffic engineering comments reflected in a memorandum dated December 4. 2006, from the City's traffic consultant. EplC'Jre R~'.';c Z:tiCf"--lt Page ~, cr ( ; 2' r T L tile .-\_ppj)C2nt 5 1 prc.\ jut ill' iess than 51). (6) addll;Of!a) i~J!~d CJp park!ng spaces jf ~!l~~re Cann()l be pro\ lceJ. i i b) That ,he .-'\ppiicanl sheill submit a revised Jandscap"lg plan to significantly liindscapi!ig aiong its proper1) line on Collins A\.enue and j n'C Street rc\ised plan shall be appro\ed by the City !\lanager or designee. enhance the L\pp!icant's (] 7) That the Applicant shall provide to the City. prior to the issuance of the building permit, the Voluntarv Mitigation Fee in the amount of Tvvo Hundred Fiftv Thousand Dollars ($250,00000) to~ be used for drainage and related improvements for j 72nd Street. (] 8) That Applicant shall submit for approval to the City !\.1anager or designee the color pallet for the exterior of the bui lding and the entire color scheme of the building. (19) That the Applicant shajl revise the handicap parking space detail reflected in the Pavement J\larking Plan-Sheet-l to adhere to FDOT Index 17346. The Chevron handicap markings within the aisle shall be Vvhite and six (6) inches wide. A minimum of three (3) Chevrons shall be located within the aisle, angled upward to the right. and shall be evenly spaced within the aisle. The handicap parking space pavemer:t markings shall include six (6) inch wide longitudinal blue pavement marking and a six (61 inch wide white pavement marking separated by a two (2) inch gap. (20) That the Applicant agrees to provide nOr1h arrows on al I plan sheets. The Applicant fUr1her agrees to revise the solid double yellow centerline J2.~_\emel2!_ marking~_ the garage to~_ --------p----~e-nsureThatthe marKIngs are six (6) inches \vide. (21) That the Applicant agrees to revise the edge lines delineating standard parking spaces in the garage to ensure that the edge tines are solid white and six (6) inches wide. The Applicant fUr1her agrees to include in the construction documents pavement marking details of all proposed pavement marking arrows in accordance Vv ith FDOT Index] 7346. Conditions to be completed before any Certificate of Occupann is issued (]) That the Applicant demonstrates that it is in compliance with all terms and conditions under this approval. (2) Applicant shall pay all fees related to the reviev,' of the application described herein and shall have paid all other fees due to the City. (3) Pursuant to Section 267-4 of the Code of Sunny Isles Beach, the City Manager and lor his/her designee in review of any application. may refer any such application presented to it to such engineering, planning, legal, technicaL or environmental consultant or professional(s) employed by the City as the l'vlanager shall deem reasonably necessary to enable him/her to reviC\v such application as required by law. Charges made by such consultants or professionals shall be in accord with the charges customarily made for such senices in \liami Dade County, and pursuant to an existing contractual agreement by and tDiCL;".? =<'e< /.= 'I~~', :/--. p::l~,-' - CleL\\'eel~ the C~i~~\ and suei.J corLsu]tant. Charges IYlade t,:, "the (~lt\ shall tie in acccrd ',:, . the heur]:, rates charges sLlch cODsul:3.nts or hourI:, rates of emI=.lo>ed professi;:mals and shall be paid ,,,ithin 30 days on submission of City \oucher. (4) Pursuant to Section 267-5 of the Code of Sunny Isles Beach, at the time of submission of any application or thereafter, it is required that an escrov" account be established, from Vv'hich \vithdrawals shall be made to reimburse the City for the cost of professional review senices. if any. The Applicant shall then provide funds to the City for deposit into such account in an amount to be determined by the City Manager, based on his/her evaluation of the nature and complexity of the application. The Applicant shall be provided with copies of anv City voucher for such services as the v are submitted to the City. When the balance ..' , ~ .. in such escro'^ is reduced to one-third (1/3) of its initial amount, the Applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within thirty-days (30) after the Applicant is notified, in writing, of the requirements for such additional deposit, the City may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit or Certificate of Use and Occupancy shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to the Applicant any funds remaining on deposit. (5) That Applicant shall furnish payment and performance bond in an amount determined by the Building Official to ensure Applicant's performance of public improvements required pursuant to site plan approval and in accordance with recommendations of the Building --- -----Offi c ia:l-aft-errevi eV;I()[co nstrucri6n-plans suB minecr-15aseaona ev e I opmen t appro var--- granted herein. Any such bond shall be issued by a surety having a minimum rating of A-I in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the City, and shall provide that "this bond may not be cancelled or allowed to lapse until 30 days after receipt by the City, by certified mail, return receipt requested, of \vritten notice from the issuer of the bond of intent to cancel or not to renew". As improvements are made the City, within its discretion, may reduce or eliminate the bond amount. These rights reserved by the City \\lith respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the City may have under this Resolution, in law or in equity. (6) That all overhead utilities adjacent to the public right-of-way on the Project site shall be placed underground in order to insure the public safety during an evacuation procedure and to insure the ability of the City to restore public utility service subsequent to a storm event. (7) That under grounding of utilities shall be accomplished as mandated by Section 250-09 through 250-16 of the Code of the City of Sunny Isles Beach and the City Streetscape Master Plan. If not otherwise funded by the Collins A venue Streetscape contribution provided in Section 265-35. this shall include the purchase, replacement and installation of light poles that conform to Streetscape Master Plan requirements. The Applicant shall coordinate v"jth the City 1\ilanager on this issue. EpIcure RcS(i L=~~(lb. Page8oC11 ;:5 ~ Th3.t \ in; \:\-lihin the front setback shall C:Jn5~SL c. pa\"ers '~)r G ~r jec~r3j] \'e rC.:c:LeI'i2.1s ar::pro\ ed b~\ the B.uilding Official L-nder no cj;~cumstaI1c(:s sh3.11 asphal'l !~'JnCrEte Gf plairl concrete be utilized as Pining in the front setback. (9) That the applicant complies with Chapter 10.+ (Art in Public Places) of the Code of the Code of Sunnv Isles Beach. as amended, Ottlhelr COl!l!diitiI[H1!S~ (1) That the Applicant shall obtain a Certificate of Occupancy and a Certificate of Use from the City upon compliance with all terms and conditions. The Certificate of Occupancy and Certificate of Use shall be subject to cancellation upon violation of any of the conditions. (2) That the approved site plan shall remain valid for a period of 24-months from the date of approval. If no building permit is issued 'vvithin the 24-month time period, the site plan shall be considered null and void and of no force and effect. Developer may request extension in accordance with Code Section 265-3(b) (6), (3) That the Applicant shall comply \vith all City Ordinances applicable to development and permit approvals. NO BUILDING PERMIT SHALL BE ISSUED (EXCEPT FOR DEMOLITION AND SALES CENTER) UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS ~ -~RE-F-&RRED-T0-lJNDE-R-T-H-IS-RES-t)-I:;-tfll()N------=.tND-~SHAt=1=----H~~V-E-PAID-"tLL- IMPACT FEES, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE CITY (IF APPLICABLE), OR OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREINABOVE HAVE BEEN TRANSFERREDPROFESSIONAL FEES SECTION 267 OF CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULA TIONS. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS VVITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERl\1S AND COND1TIOl\So V, SE.VER-\lBILHTY AND EFFECTiVE DA TEo I. If any section, subsection, clause of provision of this Resolution is held inv'alid, the remajnder shall not be affected by such invalidity, All Resolutions or parts of resolutions in conflict herev,'ith shall be and hereby are repealed. EDlcur~ Rt'~c ,~:'"~'Ut_I""j PJge 9 .] [ i i / I This Res8!uliCf1 shall become effectne upon adoptio'1 PASSED and AlDO!P'tiIED tbis ] 4th day of December. 2006, ATTEST; 1/ By ~ A:~ Jane A. Hines, CMe (ity Clerk Moved by: ~ ~ Y'f\~o v lHJdrL~ ~vY\~~S\ot\JCj...42. e~2JtJ Second by: VOTE: '5 -0 Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias Vyes --!.LY e s --0'e s !/Yes -iLYes no no no no no EpICL1,~ R~~c' Z=~'C(:-:-;t PageI00(l: STA TIE 'u,f lFIUDlRJIDJA (,01Ln~'JTV Of ][}A]i)lF )~~ ~ , f 1. JANE A, HfNES, CMe Cit\, Clerk of the City of Sunnv Isles Beach. Florida. do hereby . '... .I.. " .; certify that the above and foregoing is a true and correct copy of Resolution No. 0' - Z -/0' adopted by the City Commission at its meeting held on the I ~~day of ~ , 2006. Issued: r 2/2. 2-/0 ~ f . ~A~ Jane A. Hines, CMC. City Clerk EpIcure R.,;~,c Z~(':~)~,-:)6 Page I i t~f j i MARTIN AD YAPDR &PeDCJ\C. M 0002791 ARCHITECT PLA NERS INTERIORS May 10,2007 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Att: Ms Elena del Campillo Ref: Epicure Project PEDESTRIAN VIEW OF THE PROJECT W W'rJ} o!ftftl@@]W" ~.@) no @@!ftftl ~~~lMlW~ 'lMH~IM1Oa l?~~ a~@~)) ~~~o~@~~ lPl],@1R?O@~~ ~~ ~ @~ !p(}{l@[M~ ((~@~D ~~~o<gl@t7 ~ ~~~~~ .~o'Wlo ~~TI " Description of materials and Colors to be used in the project EXTERIOR PAINT COLORS Favorite Ton 6157 - by,Sher:win WiUiam~~mu_ Or similar to be approved by the City Pure White 7005 - by Sherwin Williams Or similar to be approved by the City RAILINGS Brushed aluminum and glass railings By ATR or similar to be approved by the City GlAZING Azuria By PPG Industries Or similar to be approved by the Ci1y SIDEWALK PAVERS Ell Red / Tan / Charcoal By Hanson ___~~____________________OLsimilaLto_be_app[oYed_b'{_tbe_Ci1v-___ P448 Yellow / Brown / Red By Hanson Or similar to be approved by the City SUNSHADE DEVICES Brushed Aluminum Sunshade Device __~~_~____~_____ __~~__Byj~$CAJoc_.~_______ Or similar to be approved by the Ci1y METAL ROOfS Standing metal seam roof By Merchant Evans Or similar to be approved by the Ci1y "'" Y,lEISS SEROTA IIELFMAN PASTORIZA COLE & BONISKE, P,J1.. ATTORN EYS AT LAW ~~C30RY A. KAILL JOHN J. Ke:NC'-:ICK III K.A.R~N L1~EAMANO JOHANNA M. LUNDGRE.N ANOR!!:W w. 1<1 AI MATTHe:v.' H. NANDC.~ PAI<1I "'AUGHAM A~t..X.AND[R L. PAlENZ.UE:LA-MAURI niNIOR P'NE IRO JOHN .J. QUICK ANTHONY L. RECIO SCOTT A. ROBIN GAllO. 5EROTA. JONATHAN C_ SHA"'RES ESTIlEllr"TA S. SllllLA EOUARDO .... SOTO MIC"'~l l. S"TINES JOSE S. TALAVERA Srt:V[N E:. TA~lOR LAUR.A. 1(. WLNCElL. .JAt-4ES C. WH He CLlNiON A. WRIGHT 1110 MITCHELL A. 81['A~"" NINA L.. 1I0N151<E IoIITCHUl J. IBURNS7EIN .JA'" I [ AlAI4 COLE STEPHEN J. Ht:LFMAN OIUlItRTO PASTOA'ZA MICHAEL S. POP OK JOSEPH H. 5EROTA_ SUSA" L. mr:vARTHEN PIlCHARD .JAY WE'S~ DAVID "'. WOLPIN MIAMf-DADt: orFICt: 2525 PONCE DE lEON BOULEVARD SUITE 700 CORAL GABLES, F"LORI:lA 33134 -TELEP H ON !:--3015- 86 4-0800 FACSIMILE 305-854-.2323 WWW.WSH-LAW.COM IIROWAI'lO ornct: 200 E:.A5T SRaWARO BOULEVARD. .sUITE /900 FORT LAUDERDALE. FLORIDA 33301 TELE:PHON[ 954-763.4242 . F...CSIMILE: 954-764-7770 LYNN .... DAHNHEISSER IG"ACIO G. DEL VAL.li DOUG\.AS R. =N2ALES "'ELISSA P. ANDEASON' LILLIAN ARANGO DE LA HOZt .JAMES E. BAKER .J["'" P.H. CAZEAU RAOUEL E:lE.JAeAR RIETA CHAD "RIED........ AU" L. GABRIEL' .Or COUNSEL March 7, 2007 VIA FAX AND E..1\1AIL Planning and Zoning Department A IT: Mr. Jorge Vera, Assistant City Manager Mrs. Elena Del Campillo, Planning and Zoning Technician --------- ---Cityof-Sunny-Isles-Beach-~-------------------_u-- --- - 18070 Collins A venue Sunny Isles Beach, FL 33160 Re: Request foc Minor Modification of Site Plan for 17150-1719OCollins Avenue ("Property") Dear Mr. Vera and Mrs. Del Campillo: You have requested we verify certain information in writing and have thus amended the request for minor modification on behalf of Jerry's Famous Deli, Inc. ("Applicant") to so reflect. We have herein included that information. We also understand that you may wish to lulve this matter be placed on Commission agenda despite the request being a minor modification under the definitions under your code. If this is the case, Applicant respectfully requests that this matter for approval of a minor 'modification to the above-referenced application (the" Application") recently approved by Resolution 06-Z-106 be submitted for the next earliest Commission meeting. The original development approved on 12/14/06 zoning bearing Z2006-06 ]s as follows: Z2006--06 Approved: Condominium tower Commercial Retail Office use Total Number of units Total FAR and Sq. Ft. I5-story building 20,500 sq.ft. 77,400 sq.ft. 243 3.86/ 523,725 sq. ft Planning & Zoning Department March 7, 2007 Page 2 Our request which you have labeled 22007-01 (MMD) should reflect: Condominium tower Commercial Retail Office use Number of units (now includes 222+ 21 townhomes) Total FAR and Sq. Ft. I5-story building 38,463 sq.ft. 44,689 sq.ft. 243 3.86/ 523,725 sq. ft. This request is made pursuant to, and in accordance with, Section 265-18 I (2) of the Code of the City of Sunny Isles Beach and the explanation follows. As you know, the original Application and accompanying plans for this Property were submitted approximately one year ago. Based on a change in market conditions, the Applicant is proposing a minor modification to those plans as follows and as the plan and zoning data sheet submitted herewith reflect: a proposal to reduce the square footage previously assigned to office space (77,400 to 44,689 sq ft.), slightly increase the square footage assigned to retail (20,500 to 38,463 sq. ft.), and change the mix of the condominium units so there are now 21 townhome units to be located on the third and fourth floors where office space was previously reflected and 222 residential units to be located in the tower. Any difference in square feet ---- ------- previouSly assIgned to the commerciaJ- portion hasihlfted to residential townhomes. Please note the following: Apart from the internal shift of square footage between office and retail, the total number of residential units remains unchanged. The FAR and total number of square feet remains unchanged. With this modification, and as a result of the internal shift of square footage from office to retail, the overall total number of excess parking spaces provided aCtualIyincreases and only the allocation of those spaces varies with the square footage adjustments in use. (Specifically, -retcil parking increases from 82 spaces to 154 while the parking designated for office can be reduced from 258 to 149.) Applicant represents it meets all the requirements of Section 265-18 I. (2) to qualify as a minor modification requiring only administrative review, as follows: .. An amendment shall be considered a minor modification if in compliance with each of the following limitations: (a) The modification does not change lot coverage, setbacks, height limitations, as well as density or intensity calculations set forth in a previously approved site plan; The lot coverage, setbacks, height limitatitJns, as well as density or intensity calculations set forth in the site plan approved by Resolution 06-Z-106 does not change. WEISS SEROTA HELFMAN PASTORlZA COLE & BONISKE, PA. Planning & Zoning Department March 7, 2007 Page 3 (b) The change is not an alteration that would otherwise require a variance or would not meet the requirements of the Code of the City of Sunny Isles Beach; , The requested clumge would oot require a variance and meet the requirements oj the Code. (c) There is no change in the location, size and general site compatibility of building, lighting and signs; No such change occurs. (d) There is DO increase in the number of average daily trips; There is no increase in average daily trips- if anything there is a decrease. (e) The change does not alter the location of any points of ingress, egress, access and vehicular and pedestrian patterns to the site; There is no such alteration. (f) The changes does not substantially decrease the value of or substantially change the n _n.__ ___charaGtecQLlocatiQIl..oLany_ i!!1I'rovement or ameni!)';_______ _ ___________--'_______ The change Iuls 110 effect on the Jlalue, chtJraeter, or wcation of any improvement or ame1Bi/y . (g) Change to landscape material, location, planting techniques, species, or size as deemed necessary by the City Manager or hislher designee due to availability or site conditions; There is no ciumge to the landscaping. (h) The change does not result in a material modification or the cancellation of any condition placed upon the site plan as originally approved. AU conditions imposed 1Jy Resolu.tion 06-Z-106 remain the same and are unaffected by these changes. There is no change to density, intensity, height, or footprint of the building. The improvements will continue to resemble the building as depicted in all renderings presented to the Commission. The only modifications are interior and affect the economic viability of the project, not the zoning, as approved. WEISS SEROTA HELFMAN PASTORIZA COI_E & BONISKE, FA. Planning & Zoning Department March 7, 2007 Page 4 Based on the foregoing, we urge your favorable administ:ra.tive review of these minor modifications. Should you have any questions you can reach me at (305) 854-0800. Sincerely, WEISS SEROTA HELFMAN P ASTORIZA COLE&BONISKE P.A. By: Stephen J. Helfman cc: Hans Ottinot, Esq. SJH/ns 1347.001 WEISS SEROTA HELFMA2'O PASTORlZA COLE & BONISKE. EA. PUBLIC HEARING APPLICATION Hearing # Z ~l-o \ Date Received 0 \ /3:. \ (2.001 ]. Name of Applicant: Jerry's Famous Deli, Inc. a. if applicant is owner, give name exactly as recorded on deed. b. If applicant is lessee, attach copy of valid lease of one (I) year or more and Owners Sworn-to- Consent. c. If applicant is corporation, partnership, limited partnership, or trustee, a separate Disclosure of Interest form must be completed. Mailing Address: 12711 Ventura Boulevard, Suite 400 City: Studio City Tel. # (during working hours) State: CA Zip: 91604 (786) 457-2255 2. Name of Property Owner Jerrv's Famous Deli, Inc. Mailing Address Same as above City Tel. # (during working hours) 3. Contact Person Stephen J. Helfman Mailing Address 2525 Ponce de Leon Blvd., Suite 700 Zip State Other - -----. -Gily~Goral-Gables--~------.------State.----Fb-----------------Z,ip--33B4 Tel. # (during working hours) (305) 854-0800 Other 4. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION a. jf subdivided, provide lot, block, complete name of subdivision, plat book and page number. b. if metes and bounds description, provide complete description (including section, township and range). c. if separate request apply to different areas, provide the legal description of each area covered by a separate request. d. attach a separate, typed sheet if necessary. Verify the legal is correct. SEE EXHIBIT A EXllIBlT A Folio No. 302211-0040120 Rascal Plaza Le2al: That portion of the North 100 feet ofthe South 300 feet of Lot 2 of TATUM'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida, lying West of the Westerly right-of- way line of Florida State Road AlA, described as follows: Begin at the intersection of the North line of the North 100 feet of the South 300 feet of Lot 2 of TATUM'S SlJBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida, with the Westerly line of Florida State Road AlA as shown by Plat recorded in Plat Book 47, at Page 101, of the Public Records of Miami-Dade County, Florida, said point being the Southeasterly comer of Lot 1 of the subdivision of SOUTH SHORE EST A TES as recorded in Plat Book 52, at Page 69, of the Public Records of Miami-Dade County, Florida; thence West along the North line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATUM'S SUBDIVISION for a distance of 402.15 feet to the S.W. corner of Lot 3 of said SOUTH SHORE EST A TES subdivision; thence South along the prolongation South of the line dividing Lots 3 and 4 of said SOUTH SHORE ~-ES T:ATES-su bdivision-for a-distance-of-l00 feet-to-a-point-on-lhe-South -line-of-t-he-Nerth----------- 100 feet of the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S SUBDIVISION; thence East along the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S SUBDIVISION, for a distance of 392.28 feet to a point on the Westerly right-of-way line of the aforesaid Florida State Road AlA; thence Northeasterly along the Westerly right-of-way a distance of I 00.48 feet to the Point of Beginning of the parcel ofland herein described. Folio Nos.: 30-2211-001-0010 30-2211-001-0050 30-2211-004-0112 Rascal House Legal: Lots 1,2,3,4 and 5, of SOUTH SHORE ESTATES, according to the Plat thereof, as recorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County, Florida; And That portion of the North 100 feet of the South 300 feet of Lot 2, ofTATlJ"M'S OCEAN PARK COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64, of the Public Records of Miami-Dade County, Florida, l)~ng West of the Westerly right-of-way line of Florida State Road AlA, more particularly described as follows: Beginrung at the intersection of the North line of the North 100 feet of the South 300 feet of Lot 2, ofTATlJM'S OCEA.N PARK COMPANY'S SUBDIVISION, 4 according to the Plat thereof, as recorded in Plat Book] 0, Page 64, of the Publ1c Records of Miami-Dade County, Florida, with the Westerly right-of-v,.ay line of Florida State Road A 1 A, as shown by Plat recorded in Plat Book 47, Page 101, of the Public Records of Miami-Dade County, Florida, said point being the Southeasterly corner of Lot I, of the subdivision of SOUTH SHORE EST A TES, as recorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County, Florida; thence West along the North line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of 402.15 feet to the Southwest comer of Lot 3 of said SOUTH SHORE EST A TES SUBDIVISION, which point is the Point of Beginning; thence continue West along the North line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of 200 feet to a point, which point is the Southwest comer of Lot 5 of said SOUTH SHORE ESTATES SUBDIVISION; thence South along the prolongation South of the line dividing Lots 5 and 6 of said SOUTH SHORE EST A TES SUBDIVISION for a distance of 100 feet to a point on the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S OCEAN PARK COMP A1\ry'S SlJBDIVISION; thence East along the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S OCEAN P ARK COMPANY'S SUBDIVISION, for a distance of200 feet to a point, which point is 392.28 feet West of the Westerly right-of- way of the aforesaid Florida State Road A I A; thence North along the prolongation South of the line dividing Lots 3 and 4 of said SOUTH SHORE ESTATES SUBDIVISION, for --------~----a-di-staf1Ge-of_-100--feet-to-thenFo in tof-Be ginning-oLthe-parceLo Lland_herein_described,___ --- which point is the Southwest comer of Lot 3 of said SOUTH SHORE EST A TES SLTBDIVISION. 4 ~ Address Property Location: 17150-]7190 Collins Avenue 6. Size of Property: ft. x f1. acres Date subject property acquired [g] or leased 0 term of lease years / months. 8. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If lengthy, please type on a sheet labeled "Contiguous Property". Contil!uous property under Contract for Purchase (See Folio #30-22110040120) Currently owned by Rascal Plaza, Inc. 7. day of 9. Is there an option to purchase 0 or lease 0 the subject property or properly contiguous thereto? [g] Yes or 0 No (See No.8 above) If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of Interest form also). Jerrv's Famous Deli, Inc. ] O. Present zoning classification (s): ] I. REQUEST (5) COVERED UNDER THIS APPLICA nON: Please check the appropriate box and give a brief description of the nature of the request in the space provided. o Comprehensive Plan Amendment. o District Boundary Change (s) IE Site Plan Approval. o Conditional Use --------------O-Variance----- -- ----------------------------------- ---------------- - -- ------- - o Plat Approva] o Transfer Development Rights o Vested Rights o Appeals D ModificationfDeletion of Declaration or Covenant o Other. ]2. Has a public hearing been held on this property within the last year and a half? [g] yes 0 no If yes, applicants name same as above Date of hearing December 14, 2006 Nature of hearing Site plan approval. transfer of development rights, variance Decision of hearing approval Resolution # 06-Z-106 13_ Is this hearing being requested as a result of violation notice? 0 yes 00 no If yes, give name to which violation notice was served Nature of violation 14. Are there any existing structures on the property? [g] yes 0 no If yes, briefly describe Rascal House Restaurant and adioininl! retail strip center 15. Is there any existing use on the property? [g] yes 0 no If yes, what is the use and when was it established? Use Restaurant and Stores Established ] 950's 2 OWNER OR TENANT AfFWA VET I, Isaac Starkman, being first duly sworn, depose and say that I am the 0 owner 0 tenant of the property described and which is the subject matter of the proposed hearing, matter attached to and made a part of the application are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before the application can be submitted and the hearing advertised. ~S: .c:..e.--_____ Deli, lrie. / / ... _ 1" /~'::'ttli ' / . -,' ,,<.:, ,'},.'j!:'?,,: /// ~.^ )"./><1.' / <t "../ ,/ ,,</ Swor~to and subscribed to before me this ~ day O~iay, 2006 . "C;/,// ,/.':/:1 .<', /'l '.~. '>/l/)..' /' i '., t' " i ;f ?,'.I I /) Ii ./ j~){ /)/}~/l/J Notilry Public t."'" c.!,':/. ~~/)'.-:.).. /; / Commission Expires ( ....s "':. ~ I, ,....:>....'" Jur~ ~~ CORPORA TE AFFIDA vn I, Gregory Babsky , being first duly sworn, depose and say that I am the lID Pre . ent 0 Vice President and 0 Secretary 0 Ass!. Secretary of the aforesaid corporation and as such, have en authorized by the corporation to file this application for public hearing; that all answers to the questions i aid application and all sketches, data and other supplementary matter attached to and made a part of this a . cation are honest and true to the best of my knowledge and belief; that said corporation is the 0 owner 0 ant of the property described herein and which is the subject matter of the proposed hearing. We understan is application must be complete and accurate before the app. . . . dvert. o. AI....I~... MARGARET ZEI.ENAA II i.\ NoIIlly PuIIIc . SII8I 01 FIulita . I. JMv Co.llfllllllon EIpIMs AF 14, I CommilIIlon .. DO 51 ""' BondecI By National .;.(/.) ,.....::-_._-, . - - .- '~~~_.'~.'-~~--:;-..~~ , .-/ /.,,~ -"/ . ,Ii" ,/ ... Je' ~ /f , ! /1 V Commission Expires ~~ GREGORY BABSKY as President of Rascal Plaza, Inc. j. 1 .f 1." /7 /jl>/I,',,) ,J.- Not~;PUbJic ~;. ,i . / :/! ~/ /,-' J/,~...,1 ------ - - -----GOR~ORA1=E-AFFmA_\[I-T------ -- I, Isaac Starkman, being first duly sworn, depose and say that I am the lID President 0 Vice President and 0 Secretary 0 Asst. Secretary of the aforesaid corporation and as such, have been authorized by the corporation to file this application for public hearing; that all answers to the questions in said application and all sketches, data and other supplementary matter attached to and made a part of this application are honest and true to the best of my knowledge and belief; that said corporation is the 0 owner 0 tenant of the property described herein and which is the subject matter of the proposed hearing. We understand this application must be complete and accurate before the ap 1ication can be submitted and the hearing advertised. ."".... MARGAKt: I Lt.",..:;' '\'~YP(J.'" $m' ~ "@'\NotaryPublic..StateofFlwda f. . ~ Commission Expires Apr 14, 201 (! ~ ~! Commission ti DO 513700 "!1.,'ff.r.~..'" Bonded By National Notary t> ssn Sworn.to and subscribed to before me this ~ day of .'j" / '\ ! .\ J /; .~ "'--........ ,--""J-r-' I..., .. ,-! i,'''\.,. ..1);,...../1-.... " "ISAA~{ST ARKMAN as CEO of Jerry's Famous Deli, Inc. '" , '-y / ,,:>": /} //.' \' Notary Public Commission Expires OWNERSHIP AFFIDAVIT FOR CORPORA nON STATE OF FLORIDA COUNTY MIAMI-DADE Public Hearing No, ~ 6.-00 '7-0 t Before me, the undersigned authority, personally appeared ISAAC STARKMAN, hereinafter the Affiant(s), who being first duly sworn by me, on oath, deposes and says: 1. Affiant is the President, Vice President or CEO of Jerry's Famous Deli, Inc" a California Corporation, with the following address: I 2711 Ventura Boulevard, Suite 400, Studio City, California 91604, Attn: Isaac Starkman 2. The Corporation owns the property, which is the subject of the proposed hearing, 3, The subject property is legally described as: See Exhibit "A" 4. Affiant is legally authorized to file this application for public hearing. . --- ----5-;---Affiant-understands- this' affidavit-is-subj ect- to-the-penalties-of la w-for-perj ury-and -the-possibility- 0 f voiding of any zoning granted at public hearing. Witnesses: ~~---, L--------------.-.- '. i /' ...- -".,,>,,_..., . __.; ", ,.I: / I , /' ~' I i-..... / I'tv' f.., i.rSAAC ST AaKMAN l / . I as CEO of Jerry's Famous Deli, Inc. Signature . -- f"'l r>r . I 1\ <,',,- ~ CJ'/J.., .. ( . '\. .'- .// ',~ ,. 7r/: " // 1- / Print Name Print Name i.-jJ/\ ' / A'I , ! /,. /' . ;' I i ,if>" I "'~~~~'::;;"'" MARGARET ZELENKA t~m ~~ IIIoI8ry PubIc . StMe of FtIfIdo \' . p.ty COIl'lIIliasion EllpinIrl ,.,. 14, 2010 ~~~ ""~~ Commission' DO 513700 #'1 c:w F\. ,'" ,.....",- Bonded By National Aaan. ,. . /jI}/./ - Signatyre ( Print Name day of .~~ ~;. /, ,200_ as Identification, Sworn to and subscribed before me on the Affiant ~;nany known to me or has produced /. /, , ., #, J ..... ,y. /.//// ., ( ,.' ~ '. . Ji6tary ( Stamp/Seal) Commission Expires: Public Hearing No: ~ ~l - 0 t RESPONSIBILITIES OF THE APPLICANT PLEASE READ CAREFULLY BEFORE SIGNiNG I hereby ackno,",'ledge that I am aware that the Department of Environmental Resources Management (DERM) and the Miami-Dade County Fire Department (MDFD) will review and comment on all development applications. These comments sometimes include requirements for an additional public hearing before DERM Environmental Quality Control Board, (EQCB) the preparation and execution of agreements to run with the land, which are recorded, prior to obtaining a building permit. I understand that is my responsibilities as the applicant or applicants representative to promptly follow through with the compliance of DERM and MDFD requirements or to advise this office in writing if the application will not go forward and may be considered withdrawn. Contact with the above-mentioned agencies is advised during the hearing process. Pennit requirements: I also understand that the Florida Building Code, DERM and MDFD may contain requirements that affect my ability to obtain a required building permit for my project, even if the zoning application is approved at public hearing. I am aware that a Building Pemlit is required for all construction and that I am responsible for obtaining the required permit, all required inspections, the Certificate of Use and Occupancy or Certificate of Completion for any and all structures and additions whether proposed or existing without permits. Additionally I am aware a Certificate of Use and Occupancy must be obtained for the use of the property, if approved at a Zoning Hearing and that failure to obtain the required permits and/or Certificates of Completion, Use and Occupancy will result in the initiation of enforcement action against the occupant and owner. I further understand that submittal of Zoning Hearing application will not necessary forestall enforcement action against the - - ----.------- -~---------_._. - ---~-- -----.----------------.----------- --------------------- -~ -------- -~~---- ---------- --- property. Fees: I understand that the hearing fees paid at the time of filing may not be the total cost of the hearing and that I will be advised of any other fees that can be associated with the public hearing application. -, , I ," ,)'j","'~, .' \,....-. "" / / i I r / '''_''.1 , i b 1'/ t\1/';'t\..~'"' ->< ( , , Signatu ;' I r-:. /-<r .<'* . /~>y ~/l. /"/ -J.' /',/ Print Name Notary: S'"'prn to and su~~cribed before me this ~ day of :.-/ J " :'1 '7'/ '" i"l.;/./. N otafy Publis~State of Florida ....'~"..,. MARGARET ZELENKA ",\..." "4#,/" l'iltEi\ Notary Public . State of Flvrida ~. : . EMY CommIssion Expires Apr 14. 2010 ;~'" ..s~,: Commission II DD 513700 ',:t'" or f\.O.... "."..""., Bonded By National Notary Assn My conunission expires 14 DISCLOSURE OF INTEREST If the property which is the subject of the application is owned or leased by a CORPORA TDON, list the principal stockholders and principal officers or stockholders consist of another corporation (s), trustee (s), partnership (s) or other similar entries, further disclosures shall be required which disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest in the aforementioned entity). --:i Co- 1'- ,-" ' '. i).: 1., l \ ;"~.'L Corporation Name, Address and Office Percentage of Stock ~ f~ f;1I'l-r f..'\, n...c...~ k...)_~ ~ 11'7[1 V~ ~ W Y1.- '-t-~ ~.L.. r_<1 ~ f.JL L~ ~ ~h- 571r;., Vo 1.. 37, c...;<. ~ Fe:,t.~ If the property, which is the subject of the application, is owned or leased by a TRlJ~T~ list the beneficiaries of the trust and the percentage of interest held by each. {Note: where the beneficiary (s) consist of corporation (s). another trust (s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural persons) having the ultimate ownership interest in the aforementioned entity}. P <<'i'- "i{.... PI 'r:l 1 7;, \ (. - Ti d:lt }larrJe- Name and Address Percentage of Interest ] 5 u <( Gl W "C m OJ l/) e w ... ...J ~ !!! >- ~ z Z ::l ::l 'E l/) Gl u.. > <( 0 l/) >- c:: ?- m i3 z ill c:: 0 N ill Q; OJ c:: E ~ ell OJ Q.. g Z li) C ,9- C t 0 t; QJ U .!!! > li) -0 QJ QJ U <{ l/) 0 ... ... 0 0 U") U") .N--N- 0- ...... . ;: 0 0 ... 0 0 x o!l co co ,.. ,.. U") al Q; .0 E ~ :J ill z .0 0.. E c:: ~ 0 :J '1: (; z QJ ill -0 CJ) N (5 <{ 5 Uj u l 8 >- ~ ~ o c. o ~ ~ CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARING NOTICE IS HEREBY GIVEN that a pUblic hearing will be held by the City Commission of the City 01 Sunny Isles Beach, Florida, in the Commission Chambers. Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on Thursday, May 17, 2007 at 7:30 p.m., 10 consider the following Zoning applicafion: A. Jerry's Famous Oeli, Inc. Location: 17150-17190 Collins Avenue Public Hearing #: Z2007 -01 Summary: The Applicant is requesting a site plan modification of the previously approved condominium development under Resolution No. 06-Z-1 06 on December 14,2006, to construct a 15-story condominium tower consisting of 243 dwelling unITS. The proposed modification would increase the permitled commercial retail from 20,500 square feet to 3B,463 square leet, reduce the permitled office space from 77,400 square feet to 44,689 square feet, and change the mix 01 units from 243 tower condominium units to 222 tower condominium units and 21 town home units to be located on the third and tourth floors, where office space was previously located. The total number of dwelling units remains at 243. 1) Increase the permitled Commercial Retail from 20,500 square feet to 3B,463 square feet. 2) Reduce the permitled office space from 77 ,400 square feet to 44,689 square teet. 3) Change the mix of units from 243 tower condominium units to 222 tower condominium units and 2', town home units to be located on the third and fourth floors where office space was previously located. The total number of dwelling units remains at 243. 4) Modification 01 plans approved under Condition #2 of Resolution 06-Z-1 06 passed and adopted by t~,e City Commission on December 14, 2006 reading as follows: /:J --- S w ~ 's ea ..-; i\ <o.t J::. 16 '0 ~ . >- ~ >- o . .: ~ ,,; " ~ ~ . > :; .~ .., . 1i ~ '0 o >- E " o >- ~ c. '0 .: . g> c. " ~ 11: .., . :5 o o .., 'ii ~ :I: .~ :ii .1! ... .: " "'~ Oli Oil' N~ CD~ Q~ - . LO~ O~ .~ .. . Q) .~ _.2 ns~ C~ c;'li O~ ._ f:! _c. ns .~ (J~ .- . ::C~ ::sw D..~ From: Plans are on file and may be examined in the Planning and Zoning Department entitled "Epicure", prepared by Martin A.D. Yabor & Assoc., Inc. Architects Planners Interior Design, consisting of 28 sheets dated stamped revised 11-16-06 and plans entitled "Sketch of Survey", conSisting of 3 sheets prepared by Schwebke-Shiskin & Associates, Inc., dated stamped 11-04-06 and plans entitled "Pavement Marking Plan" "Preliminary Civil Engineering Design Plan", consisting of 4 sheets prepared by Robayna and Associates Inc. Engineers. Planners, Surveyors dated slamped revised 11-09-06, plans entitled "Planting Plan First Level Ouadranl A" "Planting Plan First Level Ouadrant B" "Planting Plan Fifth Level" "Planting Plan Amenities Level" "Planting Notes & Details" "Hardscape Plan First Level Quadrant A" "Hardscape Plan First Level Quadrant B", consisting ot 7 sheets prepared by Witkin Design Group Landscape Architecture and Planning dated stamped revised 11-10-06. To: Plans submitted for public hearing for "Jerry's Famous Deli, Inc." are on file in the Planning and Zoning Department entitled "Epicure", including cover sheet prepared by Martin A.D. Yabor & Assoc., Inc. Architects Planners Interior Design, consisting of 3B sheets dated stamped revised 03-15-07 entitled "Site Plan - Miami-Dade County Fire Department Approval" "Site Plan" "Site Plan Modified" "Underground Floor Plan" "First Floor Plan" "Second Floor Plan" 'Third Floor Plan" "Third Floor Plan Modified" "Fourth Floor Plan" "Fourth Floor Plan Modified" "Fifth Floor Plan" "Fifth Floor Plan Modified" "Sixth Floor Plan" "Sixth Floor Plan Modified" "Seventh Floor Plan" " Seventh Floor Plan Modified" "Eight Floor Plan" "Eight Floor Plan Modified" " Ninth Floor Plan" "Ninth Floor Plan Moditied" "Tenth Floor Plan" "Tenth Floor Plan Modified" "Eleventh Floor Plan" "Eleventh Floor Plan Modified" "Twelfth Floor Plan" "Twelfth Floor Pian Modified" "Thirteen Floor Plan" "Thirteen Floor Plan Modified" "Fourteen Floor Plan ''''Fourteen Floor Plan Modified" "Amenities Floor Plan" "North Elevation" "East & West Elevation" "South Elevation" "Longitudinal Section" "Building Section" "Parking Details", plans entitled "Sketch of Survey", consisting ot 3 sheets prepared by Schwebke-Shiskin & Associates, Inc., dated 11-04-05, plans entitled "Pavement Marking Plan" "Preliminary Civil Engineering Design Plan", consisting of 2 sheets prepared by Robayna and Associates Inc. Engineers. Planners, Surveyors dated stamped 01-31-06, plans entitled "Planting Plan First Level Quadrant 'A'" "Planting Plan First Level Quadrant 'B'" "Planting Plan Fifth Level" "Planting Plan Amenities Level" "Planting Notes & Details" "Hardscape Plan First Level Quadrant 'A'" "Hardscape Plan First Level Quadrant 'B"', consisting of 7 sheets prepared by Witkin-Design-GrouP'Landscape Architecture-and'Planning dated stamped 03-01-06, and plans enlitled-"First Floor Plan-Photometnc" "First Floor-Plan-Photometric"~ "Amenities Floor Plan-Photometric", consisting of 3 sheets prepared by DesignOne Consulting Engineers dated 03-06.06. Rascal Plaza LeQal: That portion 01 the North 100 feet of the South 300 teet of Lot 2 oITATUM'S SUBDIVISION, according to the Plat thereot, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida, lying West of the Westerly right-of-way line of Florida State Road AlA, described as follows: Begin at the intersection 01 the North line 01 the North 100 teet ot the South 300 feet of Lot 2 of TATUM'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida, with the Westerly line ot Florida State Road AlA as shown by Plat recorded in Plat Book 47, at Page 101, 01 the Public Records of Miami-Dade County, Florida, said point being the Southeasterly corner of Lot 1 of the subdivisior, of SOUTH SHORES ESTATES as recorded in Plat Book 52, at Page 69, of the Public Records of Miami-Dade County, Florida; thence West along the North line of the North 100 feet of [he South 300 feet of Lot 2 of the aloresaid TATUM'S SUBDIVISION tor a distance of 402.15 teet to the S.W. corner of Lot 301 Said SOUTH SHORE ESTATES subdivision; thence South along the prolongation South of the Line dividing Lots 3 and 4 of said SOUTH SHORE ESTATES subdivision for a distance of 100 teet to a point on the South Line of the North 100 feet of the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S SUBDIVISION; thence East along the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S SUBDIVISION, for a distance of 392.28 feet to a point on the Westerly right-of-way line of the aforesaid Florida State Road AlA; thence Northeasterly along fhe Westerly right-of-way a distance of 100.4B feet to the Point 01 Beginning of the parcel of land herein described. Rascal House LeQal: Lots 1, 2, 3, 4 and 5, of SOUTH SHORE ESTATES, according to the Plat thereot, as recorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County, Florida; And That portion of the North 100 feet of the South 300 feet of Lot 2, oITATUM'S OCEAN PARK COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64, of the Public Records of Miami-Dade County, Florida, lying West of the Westerly right-of-way line 01 Florida State Road AlA, more particularly described as follows: Beginning at fhe interseciioil of ihe North line 01 the North 100 feet of the SOL1rl 300 feet of Lot 2, of TATUM'S OCEAN PARK COMPANY'S SU8DIVIS!ON, according to the Plat thereof; as rer.orded in Plat Book 10, Page 64, of the Public Records of Miami-Dade County, Florida, with the Westerly right-of-way line of Florida State Road AlA, as shown by Plat recorded in Pial Book 47, Page 101, of the Public Records ot Miami-Dade County, Florida, said point being the Southeasterly cornel 01 Lot 1, of lhe subdivision of SOUTH SHORE ESTATES, as recorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County, Florida; thence West along the North Line of the North 100 feet of the South 300 teet of Lot 2, of the atoresaid TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, tor a distance of 402.15 feet to the Southwest corner 01 Lot 3 of said SOUTH SHORE ESTATES SUBOIVISION, which point is the Point of Beginning; thence continue West along North line of the North 100 feet of the South 300 feet of Lot 2 01 the aforesaid TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of 200 teet to a point, which point is the Southwest corner 01 Lot 5 ot said SOUTH SHORE ESTATES SUBDIVISION; thence South along the prolongation South ot the line diving Lots 5 and 6 of said SOUTH SHORE ESTAES SUBDlVSISIDN for a distance of 100 feet to a point on the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S OCEAN PARK COMPANY'S SUBDIVISION; thence East along the South line of the North 100 feet of the South 300 feet of Lot 2 ot said TATUM'S OCEAN PARK COMPANY'S SUBOIVISION, for a distance of 200 teet to a point, which point is 392.28 feet West of the Westerly right-of-way of the aforesaid Florida State Road AlA; thence North along the prolongation South of the line diving Lots 3 and 4 of said SOUTH SHORE ESTATES SUBDIVISION, tor a distance of 100 feet to the Point of Beginning of thE parcel of land herein described, whiCh point is the Southwest corner of Lot 3 of said SOUTH SHORE ESTATES SUBDIVISION. Size of Properly: 3.11 acres Zone: Town Center (TCO). All persons are invited to appear at this meeting or be represented by an agent, or to express their views in w,iting addressed to the City Clerk, City of Sunnl' Isle!: Beach, 18070 Collins Avenue, Sunny Isles Beach, Floridtl, 33160. Maps and other data pertaining to these applications are available for public inspection during normal business hours in City Hall. Any zoning hearing ma~' be continued at this meeting and under such circumstances, additional legal notice would not be provided. Any persons wishing to speak at t public hearing should register with the City Clerk prior to that item being heard. Inquiries regarding the item may be directed to the City's Planning and Zoning Department at (305) 792-1710. ?Iease refer to the hearing number when making an inquiry. If a person decides to appeal any decision made by the City Commission with respect to any matter considerec at such meeting or hearing, ther wlll need a record olthe proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission at otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed b~' law. In accordancE with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because 01 that disabilily should contact the City Manager a1305- 792-1701, no later than 48 hours prior to the proceeding; il hearing impaired, please telephor,e the TOO line at 305-792-1590 for assistance " :0 .~ u5 .. :t ,: '" a ~ 9 ffi :I: i: '" i: w '" I- o .0 "'- '" ." z ~ -ci ~ :I: 'f' ;;; :E ;;: City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk May 22, 2007 Stephen J. Helfman Weiss, Serota, Pastoriza, Et. AI. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Re: A Resolution of The City Commission Of The City Of Sunny Isles Beach, Florida, ("City") Approving The Zoning Application Submitted By Jerry's Famous Deli, Inc., (The "Applicant"), (Z2007-01), For A Site Plan Modification Of Previously Approved Plans Pursuant To Section 265-18 Of The City's Land Development Regulations (LDR's), Regarding The Property Located At 17150- 17190 Collins Avenue, Subject To Conditions; And Providing For An Effective Date Dear Mr. Helfman: Enclosed please find a certified copy of Resolution No. 07-Z-109, adopted by the City Commission on May 17,2007, approving the application submitted by Jerry's Famous Deli (Zoning Hearing Z2007-01), for the property located at 17150 - 17190 Collins Avenue, subject to certain conditions. Should you have any questions, please do not hesitate to contact me. Sincerely, "..~ '-.i_I \.\:J ~ril "', ~" , 'i' .1 " ' · r \. '/ UjL_~~ LC,i(.LY-.f< I.:'j\..__. Priscilla Walker, CMC ..~ Deputy City Clerk Enclosures cc: A John Szerlag, City Manager /lHans Gttinot, City Attorney Jorge L. Vera, Assistant City ManagerlServices Doug Haag, Assistant City Manager/Finance Robert Solera, Community Development Director Elena Del Campillo, Planning and Zoning Technician Office of the City Clerk (305) 792-/703 Phone (305) 949-3 J /3 Fax Collins Ave, 17150 - 17190 Epicure (Jerry's Famous Dcli) ZOlllllg Reso Ltr