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HomeMy WebLinkAboutResolution Zoning 08-Z-114 RESOLUTION NO. 08-Z----L& A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING APPLICA TION SUBMITTED BY RK AND ASSOCIATES #2 INC. (Z2008-07) FOR THE CONSTRUCTION OF A COMMERCIAL/RET AIL ONE STORY BUILDING IN THE RK SHOPPING PLAZA LOCATED AT 16830 COLLINS AVENUE SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on November 18, 2008, the City Commission of the City of Sunny Isles Beach conducted a public hearing on the site plan application (Z2008-07) submitted by RK and Associates, #2 Inc. (the "Applicant") for the following, The Applicant is seeking site plan approval for the construction of a new commercial/retail building. The Applicant intends to demolish the existing building and construct a new one-story building with a total of 6,000 square feet. LEGAL: A PARCEL OF LAND IN GOVERNMENT LOT 5 IN FRACTIONAL SECTION II, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "A" OF R.K. COMMERCIAL CENTER SOUTH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 148 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, THE FOLLOWING FOUR (4) COURSES BEING ALONG THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-I-A PER STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION 87170-2517; (I) THENCE SOUTH 01032' 56" WEST FOR 295.96 FEET; (2) THENCE SOUTH 020 51' 03" WEST FOR 5.51 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND, THE PREVIOUS TWO COURSES BEING ALONG THE EASTERLY EXTERIOR BOUNDARY LINE OF SAID TRACT "A"; (3) THENCE DEPARTING SAID EASTERLY EXTERIOR BOUNDARY LINE CONTINUE SOUTH 02051' 03" WEST FOR 151.]] FEET; (4) THENCE SOUTH 85054' 46" WEST FOR 2.76 FEET TO A POINT ON SAID EASTERLY EXTERIOR BOUNDARY LINE OF TRACT "A", THE FOLLOWING THREE (3) COURSES BEING ALONG SAID EASTERLY EXTERIOR BOUNDARY LINE OF TRACT "A"; (I) THENCE CONTINUE SOUTH 85054'46" WEST FOR 148.34 FEET; (2) THENCE NORTH 02051 '03" EAST ALONG A LINE PARALLEL WITH SAID WEST RIGHT-OF-WAY LINE OF STATE ROAD A-I-A FOR 151.11 FEET; (3) THENCE NORTH 85054'46" EAST FOR ]51.11 FEET TO THE POINT OF BEGINNING. LOCATION: 16830 Collins Avenue, Sunny Isles Beach, Florida 33160 And, 16830 Collins A venue WHEREAS, on November 18, 2008, the City Commission conducted a public hearing regarding the site plan application; and WHEREAS, the public hearing was advertised and held as required by law and all interested parties concerned in the matter were heard, and upon due and proper consideration given to the matter and to the positive recommendation of the joint memorandum from the Zoning Director; and WHEREAS, notice has been provided to all interested parties and neighboring jurisdiction regarding the application; and WHEREAS, the City Commission has reviewed the application, and finds substantial competent evidence to support a showing by the Applicant that the request for site plan approval is in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintains 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, 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 The site plan application submitted by RK and Associates, #2 Inc. for the construction of a new commercial/retail building within the Town Center District located at 16830 Collins A venue, more precisely the former site of the Washington Mutual Bank is hereby approved subject to all of the conditions provided in Section IV of this Resolution. IV. CONDITIONS A. Conditions to be completed before below 2:rade or buildin2: permits. includin2: foundation permits. are issued or construction of any nature is commenced (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 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. 16830 Collins Avenue 2 (2) 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 for Proposed building as prepared by Mario Rumiano consisting of two sheets (A-O), dated July 8, 2008, and stamp received on October 15, 2008. (3) 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 for pedestrian and city streetscape along the front of the property. (4) That the Applicant comply with all conditions and permit requirements of the Department of Environmental Resource and Management (DERM), the Miami-Dade County Fire Department (MDFD), Water ands Sewer Department, Department of Environmental Protection (DEP), and Florida Department of Transportation (FDOT). (5) That the Applicant shall submit plans for the construction of an appropriate barrier between the construction site and adjoining properties in order to minimize blowing of sand and debris. The Applicant shall comply with Chapter 135 and Chapter 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. That no construction staging takes place outside of the private property or on the right-of-way. (6) That the Applicant shall not request or seek road closures during the construction of the building. (7) That all loading and unloading service vehicles/trucks shall take place within the interior of the shopping plaza. The Applicant shall redesign its site plan to show that the service entrance is located on the interior of the shopping plaza. (8) That all signage associated with the location meet the requirements of the signing code. (9) That the Applicant shall submit to the City Manager or designee the color pallet for the retail building. B. Conditions to be completed before any Certificate of Occupancy is issued (1) That the Applicant demonstrates that it is in compliance with all terms and conditions of this Resolution. (2) That the Applicant shall pay all remaining fees related to the review of the Application described herein and shall have paid all other fees previously due to the City including but not limited to Building Department review fees. 16830 Collins Avenue 3 C. Other Conditions (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 twenty four (24) months from the date of approval. If no building permit is issued within the 24-month time period, the Site Plan shall be considered null and void and of no force and effect. (3) That the Applicant shall comply with all City Ordinances. (4) That this Resolution and all conditions contained herein shall be binding upon Applicant, its successors and/or assigns. 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 SHALL HA VE P AID ALL IMPACT FEES, BONUSES AND PROFESSIONAL FEES (AS PER SECTION 267.4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICALBE LAND DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS (IF APPLICABLE), OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREINABOVE HAVE BEEN TRANSFERRED. 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 APPRO V AL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. V. SEVERABILITY AND EFFECTIVE DATE. (1) 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. 16830 Collins A venue 4 (2) This Resolution shall become effective upon adoption. PASSED and ADOPTED this 18th day of November 2008. ,~TT~T:. . /Q . ...~A:.~ Jane A. Hines, OMC, City Clerk .',", APPROVED AS TO FORM AND LE UF IENCY: 76' Ottinot, Cit Attorney VOTE: '5 - 0 Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl 16830 Collins A venue CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission Moved by: V I ~ 'I'I\~;lJjl'\1.. 'W!.... Second by: C1~ f.YR~2itrJ ~es L/yes L.--'" yes vyes vyes no _no no no no 5 STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) I, JANE A. HINES, 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. 08-Z-114- adopted by the City Commission at its meeting held on the 18th day of November 2008. Issued this ~ day of November, 2008. ~A~.. Jan . mes, CMC, CIty Clerk ' 16830 Collins Avenue 6 TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 792-1565 Planning and Zoning Department (305) 792-1710 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 Solera, Community Development Director November 18, 2008 RK and Associates Proposed One Story Building RECOMMENDATION: This resolution is presented for you consideration. REASONS: Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval for the construction of a new commercial retail building within the Town Center District. The new building will replace the existing old Washington Mutual Bank located at 16830 Collins Avenue. The Applicant is not requesting any variance under the code, and is providing sufficient parking on the site. No other entrances onto the property are being requested as part of this application. The existing entrance and exit will be maintained, and the applicant is providing new landscape as well as an easement in the front of the property, which will be used for the purpose of the future installation of streetscape items in conformance with the vision of the City of Sunny Isles Beach. Funding available: Finance Department Agenda Item No.: Commission Meeting Date: ---.1J - { ~- 0 8 500 Sunny Isles Memo .. CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARINGS NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on Tuesday, November 18,2008 at 6:30 p.m., to consider the following Zoning applications: A. R.K. and Associates Location: 16830 Collins Avenue Public Hearing #: Z2008-07 Summary: The Applicant is seeking site plan approval for the construction of a new commercial/retail building. The Applicant intends to demolish the existing building and construct a new one-story building with a total of 6,000 square feet. 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regu]ations, the Applicant is requesting site plan approval for the construction of a new commercial retail building within the Town Center District. Plans are on file and may be examined in the Planning and Zoning Department for "Proposed One Story Building." consisting of2 sheets. Plans may be modified at public hearing. Legal: A PARCEL OF LAND IN GOVERNMENT LOT 5 IN FRACTIONAL SECTION] 1, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "A" OF R.K. COMMERCIAL CENTER SOUTH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 148 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, THE FOLLOWING FOUR (4) COURSES BEING ALONG THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-I-A PER STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION 87170-2517; (1) THENCE SOUTH 01032' 56" WEST FOR 295.96 FEET; (2) THENCE SOUTH 020 51' 03" WEST FOR 5.51 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND, THE PREVIOUS TWO COURSES BEING ALONG THE EASTERLY EXTERIOR BOUNDARY LINE OF SAID TRACT "A"; (3) THENCE DEPARTING SAID EASTERLY EXTERIOR BOUNDARY LINE CONTINUE SOUTH 020 51' 03" WEST FOR 151.11 FEET; (4) THENCE SOUTH 85054' 46" WEST FOR 2.76 FEET TO A POINT ON SAID EASTERLY EXTERIOR BOUNDARY LINE OF TRACT "A", THE FOLLOWING THREE (3) COURSES BEING ALONG SAID EASTERLY EXTERIOR BOUNDARY LINE OF TRACT "A"; (1) THENCE CONTINUE SOUTH 85054'46" WEST FOR 148.34 FEET; (2) THENCE NORTH 02051 '03" EAST ALONG A LINE PARALLEL WITH SAID WEST RIGHT-OF-WAY LINE OF STATE ROAD A-I-A FOR 151.11 FEET; (3) THENCE NORTH 85054'46" EAST FOR 151.11 FEET TO THE POINT OF BEGINNING. ADDRESS: 16830 Collins Avenue Size of Property: 0.5 ACRES Zone: Neighborhood Business (B-1) B. Jerry's Famous Deli Location: 17190 Collins Avenue Public Hearing #: Z2008-08 Summary: The Applicant is requesting conditional use approval to sell beer, wine and spirits within a grocery market. The Applicant is also requesting that it be permitted to sell spirits for off-premise consumption under the grocery store exception relating to the distance requirements for alcoholic beverage establishments. 1. Pursuant to Section 265-13 of the City of Sunny Is]es Beach Land Development Regulations, the Applicant is requesting conditional use approval and permission to sell beer, wine, and spirits under the grocery store exception under Section 98 -5 (D) of the City Code. Plans are on file and may be examined in the Planning and Zoning Department for "Epicure Market Interior Renovation" consisting of 1 sheet, and Liquor Survey consisting of 1 sheet. Plans may be modified at public hearing. Legal: Parcel 2 LOTS 1, 2, 3, 4, AND 5, SOUTH SHORE ESTATES, ACCORDING TO THE PLAT THEREOF, 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, IN 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, IN 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 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 ESTATES, AS RECORDED IN PLAT BOOK 52, PAGE 69, IN 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 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 CORNER OF LOT 5 OF SAID SOUTH SHORE EST A TES SUBDIVISION; THENCE SOUTH ALONG THE PROLONGATION SOUTH OF THE LINE DIVIDING LOTS 5 AND 6 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 300 FEET OF LOT 2 OF SAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, EAST ALONG THE SOUTH 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 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 DIVIDING 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. Legal: Parcel 3: 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, IN 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, IN 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 PLAT BOOK 47, PAGE 101, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID POINT BEING THE SOTHEASTERL Y CORNER OF LOT 1, OF THE SUBDIVISION OF SOUTH SHORE ESTATES, AS RECORDED IN PLAT BOOK 52, PAGE 69, IN 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, 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 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. ADDRESS: 17190 Collins Avenue Size of Property: 3 ACRES Zone: Neighborhood Business (B-1) All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. The courts have ruled that it is improper to contact a City Commission member individually, either orally or in writing about any zoning applications. Maps and other data pertaining to these applications are available for public inspection during normal business hours in City HaiL Any zoning hearing may be continued at this meeting and under such circumstances, additional legal notice would not be provided. Any persons wishing to speak at a 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. Please 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 considered at such meeting or hearing, they will need a record of the 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 of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by 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 of that disability should contact the City Manager at 305-792-1701, no later than 48 hours prior to the proceeding; if hearing impaired, please telephone the TOO line at 305-792-1590 for assistance. - City of Sunny Isles Beach Development Review Report I. Project Summary Application #: Z2008-07 Proposed One Story Building Application Summary: The Applicant is submitting a site plan application for the construction of a new commercial/retail building in the RK Shopping Plaza located at 16830 Collins Avenue. The new building will occupy the site of the old Washington Mutual Building. The Applicant will demolish the existing building and construct a new one story building with a total of 6,000 square feet. Applicant/Owner: R.K. and Associates #2 Inc. 17100 Collins Avenue, Suite 225 Sunny Isles Beach, FL 33160 Phone: (305) 949-4110 II. Site Information Site Area: 0.5 acres Location 16830 Collins Avenues Land Use: Town Center (TC) Zoning: Town Center District (TC) Ad. P 11acent ropertles: Existin2 Land Use Zoning Land Use Plan North Commercial retail TC MUB East Multi family residential MU-R MUHDR South Commercial retail TC MUB West Multi-family residential TC MHDR III. History The previous use for the existing facility was a bank. No previous application has been received for this particular site in the history of the City of Sunny Isles Beach. 16830 COLLINS AVENUE Z2008-07 RCS - IV. Zoning 1. Setbacks: Required Provided Collins Core Edge Front 25' -0" ft. 25' -1" Complies Rear 1 0' -0" 69' -5" Complies Side 1 0' -0" 21' -1" Complies 2. Maximum Height: Maximum building height 50'-0" (four stories) for the first 130 feet setback from property line, for properties Collins Avenue Complies. 3. Floor Area Ratio: Complies 4. Lot Coverage: The total lot coverage permitted for all buildings, including parking on the site, shall be 80% Complies provided a totalof26.9% 5. Landscaped Open Space: The minimum required landscape area shall be 10% of the lot area. Complies 22.7% provided V. Off-Street Parking and Loading Standards Required Provided Regular 20 29 Loading N/A N/A Handicap 2 2 VI. Art in Public Places (N/A) VII. Applicant's Request The Applicant submitted a site plan application for the construction of a new commercial/retail building. The Applicant will demolish the existing building and construct a new one story building with a total of 6,000 square feet. The new building will be located within the RK Shopping Plaza on 168 Street and Collins Avenue. Plans are on file and may be examined in the Planning and Zoning Department for Proposed One Story Building as prepared by Mario Rumiano, Architect consisting of two sheet (A-O), dated July 8, 2008 and stamp received on October 15,2008. 16830 COLLINS AVENUE Z2008-07 RCS 2 Legal: A PARCEL OF LAND IN GOVERNMENT LOT 5 IN FRACTIONAL SECTION 1 I, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "A" OF R.K. COMMERCIAL CENTER SOUTH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 148 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, THE FOLLOWING FOUR (4) COURSES BEING ALONG THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-I-A PER STATE ROAD DEPARTMENT RIGHT-OF- WAY MAP SECTION 87170-2517; (1) THENCE SOUTH 01032' 56" WEST FOR 295.96 FEET; (2) THENCE SOUTH 020 51' 03" WEST FOR 5.51 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND, THE PREVIOUS TWO COURSES BEING ALONG THE EASTERLY EXTERIOR BOUNDARY LINE OF SAID TRACT "A"; (3) THENCE DEPARTING SAID EASTERLY EXTERIOR BOUNDARY LINE CONTINUE SOUTH 020 51' 03" WEST FOR 151.11 FEET; (4) THENCE SOUTH 85054' 46" WEST FOR 2.76 FEET TO A POINT ON SAID EASTERLY EXTERIOR BOUNDARY LINE OF TRACT "A", THE FOLLOWING THREE (3) COURSES BEING ALONG SAID EASTERLY EXTERIOR BOUNDARY LINE OF TRACT "A"; (1) THENCE CONTINUE SOUTH 85054'46" WEST FOR 148.34 FEET; (2) THENCE NORTH 02051'03" EAST ALONG A LINE PARALLEL WITH SAID WEST RIGHT-OF-WAY LINE OF STATE ROAD A-I-A FOR 151.11 FEET; (3) THENCE NORTH 85054'46" EAST FOR 151.11 FEET TO THE POINT OF BEGINNING. VIII. Variances: N/A IX. Staff Analysis The Town Center designation is a planned development district that encompasses both underlying commercial and residential land use categories. The Town Center primary objective is to foster a regionally competitive business and activity center for cultural activities, visitor's services financial services, and professional office. The Applicant is proposing to construct a one story building that will replace the present structure. The proposed building will have a larger footprint than the original. The proposed development as designed is consistent with and furthers the intent of the Town Center District designation of the City's Comprehensive Plan. The proposed use is compatible with the existing surrounding land uses. The Applicant's proposed building does not provide any traffic problems that require mitigation. In fact the location currently hosts an existing building with the same configuration but less square footage. The proposed site provides all the necessary parking and the parking area is located in the rear of the property, which eliminates any view of the parking lot from Collins Avenue. The addition of landscape elements in the front and side of the building and the proposed 10'-0" easement, is in accordance with the future plans of the City to create an open pedestrian friendly area in the front of all properties adjacent to Collins A venue. There are no additional curb cuts requested along Collins Avenue and the flow of traffic from Collins Avenue on to the parcel provides for sufficient space for cars entering on the Northeast corner of the property and for cars exiting in the Southeast comer of the property on to Collins Avenue. The front access to the building has not been changed from the original existing building, no variances are being requested by the Applicant, and the front facade provides a professional office look to the building facing Collins Avenue. The low rise nature of the building will provide visibility from Collins Avenue of the other retail stores in the rear of the property. 16830 COLLINS AVENUE 22008-07 RCS 3 ~ x. Conditions (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 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. (2) 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 for Proposed One Story Building as prepared by Mario Rumiano, Architect consisting of two sheets (A-O), dated July 8,2008, stamp received on October 15, 2008 (3) 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 for pedestrian and City Streetscape along the front of the property. (4) That the Applicant comply with all conditions and permit requirements of the Department of Environmental Resource and Management (DERM), the Miami-Dade County Fire Department (MDFD), Water and Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation (FDOT). (5) That the Applicant shall submit plans for the construction of an appropriate barrier between the construction site and adjoining properties in order to minimize blowing of sand and debris. The Applicant will comply with Chapter 135 and Chapter 193 of the Code of the City of Sunny Isles Beach relating to the construction and site operations. The Applicant will use its efforts to minimize vibration and noise during the construction of the project. That no construction staging takes place outside of the private property or on the right-of-way. (6) That the Applicant shall not request or seek road closures during the construction of the new building. (7) That all signage associated with the location complies with the requirements of the signing code. No signs are approved as part of this application. (8) That the Applicant obtains 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 conditions. (9) That the Applicant shall submit a Declaration of Restrictive Covenants (the "Declaration") in recordable form, and acceptable to the City, prior to issuance of a building permit. The Declaration shall proffer an easement with a minimum width of fifteen (15) feet on east side of the property for the development and installation of streetscape material, to include but not limited to landscape, benches, garbage cans, and others. The Declaration shall provide that maintenance and installation of the easement proffered to the City shall be the responsibility of the Applicant, in perpetuity. All of the easements shall be fully accessible to the public 16830 COLLINS AVENUE Z2008-07 RCS 4 ... (10) That all overhead utilities adjacent to the public right-of-way on the Project site shall be placed underground in order to ensure public safety during an evacuation procedure and to ensure the ability of the City to restore public utility service subsequent to a storm event. Conditions to be completed before any Certificate of Occupancy is issued (1) Pursuant to Section 267-4 of the Code of Sunny Isles Beach, the City Manager and/or 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 Manager shall deem reasonably necessary to enable him/her to review such application as required by law. Charges made by such consultants or professionals shall be in accord with the charges customarily made for such services in Miami-Dade County, and pursuant to an existing contractual agreement by and between the City and such consultant. Charges made by the City shall be in accord with the hourly rates charges by such consultants or hourly rates of employed professionals and shall be paid within 30 days on submission of City voucher. (2) That all overhead utilities adjacent to the public right-of-way on the Project site shall be placed underground in order to ensure public safety during an evacuation procedure and to ensure the ability of the City to restore public utility service subsequent to a storm event. (3) That material to include landscape and others within the front setback shall consist of pavers or other decorative materials approved by the City Manager or his/her designee. Under no circumstances shall asphalt concrete or plain concrete be utilized as paving in the front setback. (4) That the Applicant shall comply with all City Ordinances applicable to development and permit approvals. (5) That the Applicant shall submit for approval by the City Manager or designee a security lighting plan that will ensure adequate lighting within the parking areas of the Applicant's business. The lighting plan shall be submitted within five (5) days of approval of this application. 16830 COLLINS AVENUE Z2008-07 RCS 5 " . Hearing # Date Received Folio Num [5)~~~~W~fR) lI11 OCT 1 5 2008 (W - ~(}oJ' - 0'7 NING DEPT. PUBLIC HEARING APPLICA TI 1. Name of Applicant a. if applicant is the 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 a corporation, partnership. limited partnership, or trustee, a separate Disclosure of Interest form must be completed. Q~ ASS~Clcctes :#2.- I Nee City CeCUM} Iiv-e.. ;,~5 State fL--- q\{q-YIJD R, l{ AsrOC( ~-{CS Av-e... Zip ~7 ('o Mailing Address Other 2. Name of Property Owner fl.- ").. ~) Zip ---:>'> (~~ 3. Mailing Address s.m ~ l h \.t..-) \ Tel. # (during working hours) q ~1-'-{ ((t> /Jrtl-mu> \, {O-D c ClU.r IoiJ City State Other 4. Contact Person s:'h-evvi~ Mailing Address City Tel. # (during working hours) 9Ci~ State Zip Other 5. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION a. if subdivided, provide lot, block, complete name of subdivision, plat book and page number. b. if metes and bounds description, provide complete legal 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 description is correct. LEGAL DESCRIPTION: A po~ of land In Govemment lot 5 In froctlonol Section 11. Township 52 South Range 42 Eost. MICtl"lI-Oode Counl)'. Florida. being more particularly described os foflows: . Commence at the Northeo.t comer of Tract "A" of R. K. COMMERcw. CENTER SOUTH. according to the plot thereof, os recorded In Plot Book 148 at Page 72 01 the Public Records of Miami-Dodo County. florida. the fOllowing four (4) coul'8es being along the West right-ot-wo)' line of Stote ROOd A-1-A per Stote Rood Deportment Right-of-Woy Uop Saetion 87170-2517' (1) lhence. South D1:J2:~6- Welt tor 295.96 feet: (2) lI'Iene. South 02'5t'Or Wfl3t for 5.51 ieot to tho POint of BegInning of the hereinafter de.crib.d ~f'Cfl1 of land, the provk>us two couraos being olonO the EQ!I~r1y exterior boundary line of sold Tract -A-; (3) thence departing lold Easterly exterior boundary line continue South 02'St'OJ- West for 151.11 teet: (4) thenee South 85'54'46- Welt for 2.76 foot to a point on laid Eosterly exterior boundary line of Tract -A-, the following throe (3) COl.lrns being along soid Easterly ederior boundary line of Tract -A-' (1) thence continue South 85'54'46- West for 1"8.34 foot; (2) thence North 02'51'03- Eo'st olong Q lin. paroU~1 ~jth soid West right-ot-woy lin. ot Stote Rood A-1-A for 151.11 feet; (3) thence North B5.5....6 East for 151.11 feet to the Point of Beginning. City of Sunny Isles Beach '2. \ Planning and Zoning Department .. 6. Address or location of subject property:-1b <?':)() Qx.L( Af~ ~v-e I ft. acres II z, 4-c~ 7. 8. Size of property: ft. x Date subject properly acquired ~or leased 0 7/ 2'6" /O~ I I day of term of lease years/months. 9. 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". I~ 13. 10. Is there an option to purchase 0 or lease 0 the subj ect property or properly contiguous thereto? o Yesor 0 ~ If yes, who are the pote~rchasers or lessees? (Complete section of Disclosure of Interest form also). ~ IG 11. Present zoning classification (s): 12. REQUEST (S) COVERED UNDER THIS APPLICATION: 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) ~ite Plan Approval. OConditional Use o Variance OPlat Approval o Transfer Development Rights o Vested Rights o Appeals o Other. Has a public hearing been held on this property within the last year and a half?)(yes 0 no ~K Assoc<cJ:s- ~z.. 'We. ~bN~~ AWrov-e4 If yes, applicants name Date of hearing Nature of hearing Decision of hearing Resolution # A,....,.(,."".'~oj._A.. \......".......\ "'ft..:,"-"'\ ~",f\."'.$-:' ........'1.,...~~,_;_,....c;.. ""'~'1"'r"1';'" f'."'."',:,~",,-_,,'r"'_ ">;,,,.,..t':!*:r~ V';t..:. f.'r.o"(,.-:'<.....,...",..P...:.~,.;.:'i'tt~.;e:Io,..~, """ ._~... '~~ ,-,';;iP.~.. ~ ,.'t".l,>~"';(!f.~..b"<!(~i\':..,...~...~.r -' ;".~~ ...~!,..~ti 410"-. ~..~.r~p;:.......'-..iool:...i'n.>'~..~...:: '~.~.~ City of Sunny Isles Beach 3 Planning and Zoning Department '. . 14. Is this hearing being requested as a result of violation notice? yeVOO"'\ If yes, give name to which violation notice was served ~ Nature of violation 15. Are there any existing structures on the property? If yes, briefly describe r~lshtvt @) no Bq"K ~ta 'j) 16. Is there any existing use on the property? ;y;;J no If yes, what is the use and when was it estab~d? Use ~t;" l &4L Established City of Sunny Isles Beach 4 Planning and Zoning Department ~ OWNER OR TENANT AFFIDAVIT I. , being first duly sworn, depose and say that I am the owner 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. Sworn to and subscribed to before me this_day of Signature Notary Public Commission Expires ......................................................................................................................................:.;.:.:.....;.:...:.......:...:.:........:.:................ () A.-_ _ CORPORATION AFFIDAVIT We, ",K ~(~ ~ z.. / IVC. , being first duly sworn, depose and say that we are the President Vice President and Secretary 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 our knowledge and belief; that said corporation is the owner 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 befo the application can be submitted and the hearing advertised. (Corp. Seal) Attest: Sworn to and ,ubscribed t~;rf~e (~ J7 this-+day of~ ~e;~ .A 4 'Jf. .." ~)- EO -1J$>1f ,-:..; ':1;, 1:(" o ary prih net, ':&J) 0',(, U~J: .F.C'~ ~ '~h Commiss 0 xpires ?'Z-6}b.'~~ "t"oZ'~ .............,.. ..,.....,.."..~:/:'h ~f-<>~- ...00.000.00....... 0..00000...0000... 0...00........00.. 0.. 0..00....0...... 0.0..0.. 0" 0 0....0.0..0....0......0....000.0............ 0 0....00......0.. 0 0 o. o~~ .....0'" 't' PARTNERSHIP AFFIDAVIT .sp-1;,'~ We, the undersigned, being first duly sworn depose and say that we are partners of the hereinafter na;~d partnership and as such, have been authorized to file this application for a 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 our knowledge and belief; that said partnership is the owner tenant of the property described herein, which is the subject matter of the proposed hearing. We understand this application must be complete and accurate before the application can be submitted and hearing advertised. % % By By (Name of Partnership) % % By By Sworn to and subscribed to before me this day of Notary Public Commission Expires ............................................................................................................................................................................. City of Sunny Isles Beach 5 Planning and Zoning Department ~ ............... ..... ......i. Ii :........:.: .......:.. ~ ...........<l.......... ..:..........:..:;.........&.............:..: .........: ...........:. ........:..:. ............,; .......... ..:............. ............... ..........0.... ............... 'I.. .................. LIMITED PARTNERSHIP AFFIDAVIT We, the undersigned, being first duly sworn depose and say that we are partners of the hereinafter named limited partnership and as such, have been authorized to file this application for a 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 our knowledge and belief; that said limited partnership is the owner tenant of the property described herein, which is the subject matter of the proposed hearing. We understand this application must be complete and accurate before the application can be submitted and hearing advertised. (Name of Limited Partnership) By By Sworn to and subscribed to before me this day of % % By By % % Notary Public Commission Expires ............................................................................................................................................................................... TRUST AFFIDAVIT 1. , being first duly sworn, depose and say that I am the trustee for the property described and which is the subject matter of the proposed hearing; that all answers to the questions in this application and all sketch data and other supplementary 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. Sworn to and subscribed to before me this day of Signature Notary Public Commission Expires ......................................................................................................................................................................... ATTORNEY AFFIDAVIT 1. , being first duly sworn, depose and say that I am a State of Florida Attorney At Law and I am the Attorney for the Owner of the property described and which is the subject matter of the proposed hearing; that all answers to the questions in this application and all sketch data and other supplementary 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. Sworn to and subscribed to before me this day of Signature Notary Public Commission Expires ................................................................................................................................................................... City of Sunny Isles Beach 6 Planning and Zoning Department ~ '. . OWNERSHIP AFFIDAVIT FOR INDIVIDUAL STATE OF Public Hearing No. COUNTY OF Before me, the undersigned authority, personally appeared hereinafter the Affiant, who being duly sworn by me, on oath, deposes and says: I. Affiant is the fee owner of the property, which is the subject of the proposed hearing. 2. The subject property is legally described as: 3. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of voiding of any zoning granted at public hearing. Witnesses: Signature Affiant's Signature Print Name Print Name Signature Print Name Sworn to and subscribed before me on the day of ,200 Affiant is personally known to me or has produced as identification. Notary (Stamp/Seal) Commission Expires: City of Sunny Isles Beach 7 Planning and Zoning Department ~, STATE OF --R6Cl,tOl'( COUNTY OF '))-PrD[.__ OWNERSHIP AFFIDAVIT FOR CORPORATION Public Hearing No. Before me, the undersigned authority, personally appeared hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says: ~K t'lss-oceJwfrz. lAIC QAltrJ t1N k nz 1. Affiant is the president, vice-president or CEO of the Corporation, with the following address: "lOb UJU_l#J ~ / 'b?S"( SVi\Vlt 6~{ n 2. The Corporation owns the property, which is the subject of the proposed hearing. 3. The subject property is legally described as: )hr.?O~/N'f ~ 4. Affiant is legally authorized to file this application for public hearing: 5. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of voiding of any zoning granted at public hearing. ~~-/ Xffiant' Signaturek..?- ~q VI C{ <1 Print Name ,2001-, as Commiss' ';? ~" r~ . ~ ~~ ~ c;. ~. 41 ,--:J,. Q. ,~, . ,qll; '7-0 W'" q. ~ "'... ~ ;~'O '-1~t?a~ .~a .~ ~ ~ ~~ ~ ~<&" ~.-;. it,..... City of Sunny Isles Beach STATE OF COUNTY OF OWNERSHIP AFFIDAVIT FOR PARTNERSHIP Public Hearing No. Before me, the undersigned authority, personally appeared , hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says: 1. Affiant is the general partner of the partnership, at the following address: 2. Affia..'1t as general partner is authorized to file this application for a public hearing. 3. The partnership owns the property, which is the subject of the proposed hearing. 4. The subject property is legally described as: 5. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of voiding of any zoning granted at public hearing. Witnesses: Signature (General Partner) Affiant's Signature Print Name Print Name Signature Print Name Sworn to and subscribed before me on the _day of Affiant is personally known to me or has produced as Identification. ,200 Notary (Stamp/Seal) Commission Expires: City of Sunny Isles Beach 9 Planning and Zoning Department OWNERSHIP AFFIDAVIT LIMITED FOR PARTNERSHIP STATE OF COUNTY OF Public Hearing No. Before me, the undersigned authority, personally appeared , hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says: 1. Affiant is the general partner of the limited partnership, at the following address: 2. Affiant as general partner is authorized to file this application for a public hearing. 3. The limited partnership owns the property, which is the subject of the proposed hearing. 4. The subject property is legally described as: 5. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of voiding of any zoning granted at public hearing. Witnesses: Signature (General Partner) Affiant's Signature Print Name Print Name Signature Print Name Sworn to and subscribed before me on the _day of Affiant is personally known to me or has produced as Identification. ,200 Notary (Stamp/Seal) Commission Expires: City of Sunny Isles Beach 10 Planning and Zoning Department OWNERSHIP AFFIDAVIT FOR TRUST STATE OF COUNTY OF Public Hearing No. Before me, the undersigned authority, personally appeared , hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says: 1. Affiant is the trustee of the trust, at the following address: 2. Affiant as trustee is authorized to file this application for a public hearing. 3. The trust owns the property, which is the subject of the proposed hearing. 4. The subject property is legally described as: 5. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of voiding of any zoning granted at public hearing. Witnesses: Signature (Trustee) Affiant's Signature Print Name Print Name Signature Print Name Sworn to and subscribed before me on the _day of Affiant is personally known to me or has produced Identification. ,200 as Notary (Stamp/Seal) Commission Expires: Public Hearing No: City of Sunny Isles Beach 11 Planning and Zoning Department . '. . RESPONSIBILITIES OF THE APPLICANT PLEASE READ CAREFULLY BEFORE SIGNING I hereby acknowledge 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. Permit 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 Permit is required for all construction and that I am responsible for obtaiping 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 iated With. t t~he ublic hearing application. ..v1'~ Signature ~(jnqv /kfz- "'I r Print Name Notary: fore m~f '- City of Sunny Isles Beach 12 Planning and Zoning Department DISCLOSURE OF INTEREST If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and principal officers or stockholders consist of another corporation (s), trustee (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). j(K Ftss(fiqp 1tv ~) Corporation Name Name, Address and Office ~Q(VU\ .k'r~, \1JOb (oU(~~ 1>{2.q.rM-- , Percentage of Stock lef)~ If the property, which is the subject of the application, is owned or leased by a TRUSTEE, 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 disclosure shall be required which disclosures the identity of the individual (s), (natural persons) having the ultimate ownership interest in the aforementioned entity}. Trust Name Name and Address Percentage of Interest If the property, which is the subject of the application, is owned or lease by a PARNERTSIDP or LIMITED PARTNERSlllP, list the principals of the partnership, including general and limited partners. {Note; where the other similar entities, further City of Sunny Isles Beach 13 Planning and Zoning Department ."y.,,~ ,"~'''~,~ disclosures shall be required which disclosures the identity of the individual (s) (natural person) having the ultimate ownership interest in the aforementioned entity}. PARTNERSHIP OR LIMITED PARTNERSHIP NAME NAME AND ADDRESS PERCENTAGE OF OWNERSHIP If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not and whether a Corporation, Trustee or Partnership list the names of the contract purchasers below, including the principal officers, stockholders, beneficiaries or partners. {Note; where the principal officers, stockholders, beneficiaries or partners consist of another corporation, trust, partnership or other similar entities, further disclosure shall be required which discloses the identity of the individual (s) (natural persons) having the ultimate ownership interest in the aforementioned entity}. NAME NAME, ADDRESS AND OFFICE (if applicable) Percentage of Interest Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. City of Sunny Isles Beach 14 Planning and Zoning Department For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in the application to the best of my knowledge and belief. Signature: ~~ '0QI\'l~ ,k~ (Applicant) This day of '20~ (Seal) P1,! . 4.. at Large ~O/ilu. ~.oS!; <'~ .ca ~ ~ -to ~"Q-A "'~~'O ~~~~ My Commission Expires: ~<%~.~~ 1t;..~~~ ~~ 7- ~ ~ f~ r& * Disclosure shall not be required o~~rgntity; the equity interest is which are regularly traded on an established securities market i~ the United States or other country; or any entity, the ownership interest of which are held in a limited partnership consisting of more than 5,000 separate interest and where no one person or entity holds more than a total of 5% of the ownership interest in the limited partnership. City of Sunny Isles Beach 15 Planning and Zoning Department ADVERTISEMENT AND MAILING REQUIREMENTS Please be informed that there are two more steps that need to be taken by you prior to the public hearing to be heard. *First you need to submit the legal description of the property to a firm that compiles the name and address from the County tax record of all property owners within 300 feet radius of the subject property being heard by the City Commission. Exceptions: The City will notify and solicit comments from adjacent jurisdictions and the School Board of any request for land use amendments, variances, conditional uses or site plan approvals which impact property within 500 feet of a public school or within 500 feet of the boundaries of an adjacent jurisdiction is to be serve as per the Intergovernmental Coordination Element (ICE) Objective 4 of the Comprehensive Master Plan. You can choose a firm from the list provided below or use another firm. The following are the names of several companies that you may want to use to obtain the required mailing labels and accompanying maps, legal description and certified letter. The City of Sunny Isles Beach does not claim responsibility for the accuracy or timely acquisition of the information provide by these companies. Carlos J. Madariaga Property Owners Data Research Ph (305) 207-1412 Ray Hunt Florida Real Estate Decisions, Inc. Ph (305) 757-6884 Consuelo M. Quintana Real Estate Data Researcher 1111 S. W. 11th A venue Ph: (305) 858-2287 Fx: (305) 859-2439 Hal Lieberman Logear Mailing Ph (305) 895-2492 * After you receive the names of the property owners, the public hearing advertisement needs to be mailed. The City will provide a copy of the advertisement and envelopes for mailing. The applicant makes the necessary number of copies of the advertisement as required per number of mailing labels. The copies and envelopes are then mailed out. We have found that it is more cost efficient for the applicant to use a mailing house because they use bulk mail. The cost associated with getting the names of the owners and the use of the mailing house service are paid directly to the respective companies. All these steps need to be done at least 10 days prior to the public hearing date. If you have, any questions contact our office at (305) 792-1710. The following is the name of the mailing company that you may want to use, however the applicant can mail their own public hearing notice or use another mailing company. - 16 ..- s=..-.nrw - City of Sunny Isles Beach Planning and Zoning Department - '. . AFFIDA VIT FOR MAILING NOTICES HEARING NUMBER NAME OF APPLICATION I THE UNDERSIGNED INDIVIDUAL, DO HEREBY AFFIRM THAT ON THE DATE REFERENCED BELOW, THE NOTICES FOR THE AFOREMENTIONED PUBLIC HEARING NUMBER WERE RECEIVED FROM THE APPLICANT OR REPRESENT A TIVE OF ABOVE MENTIONED HEARING. SAID NOTICES WERE POSTEMARKED AND MAILED THROUGH THE U.S.POSTAL SERVICE SIGNATURE DATE City of Sunny Isles Beach 17 Planning and Zoning Department RECOVERY COST SCHEDULE FOR PLANNING AND ZONING SERVICES Recovery of costs of administrative review and processing for each category of application. Land Use Plan Amendment........................................................ ......$ 15,000.00 Rezoning.. .... ....... .... ... ............ ........ ... ....... ........... ...... ............. ...$10,000.00 Site Plan Review (conditional uses, variances)..... . .. .. .... . .. .. .. .. . .. .. . .. .... .. ..$10,000.00 Plat...................................................................................... ....$10,000.00 Transfer of Development Rights application.........................................$ 5.000.00 Minor amendments to site plan (no commission review)..............................$ 4,000.00 Request for encroachments, variances, etc. - single family....................... ...$ 2,500.00 Waiver of Plat / ROW vacation. $ 3,000.00 Appeals of Administrative Decisions. .... .. . .. . .. . .. . .. . .. . .. ... . .. ... . ... .. . .. . '" ...$ 3 ,000.00 Temporary Uses (except garage sales) bond required............................. ...$ 2,500.00 Review of Variance Request for Signs.. .. '" .. .. .. .... .. .... ... ... .. .. .. .... .. ..... ...$ 5,000.00 The City shall be reimbursed for Planning and Zoning services not categorized under this schedule in accordance with Ordinance 2001-132. PLANNING AND ZONING DEPARTMENT PERMIT FEE SCHEDULE The Planning and Zoning Department shall charge and collect fees for planning and zoning services for review of plans submitted to the Building Department in accordance with the following schedule: Signs, fences, swimming pools, additions.. .. .. . ... .. .. .. .. .. .. . .. .. . .. .. ... . .. .. ........ ..$120.00 Residential Master........................................................................ ....$250.00 Master permit for approved development thru Public Hearing....................... .$500.00 Trailer /Sales Office Permit.............................................................. ...5300.00 Alcohol application review/ Concurrency & Zoning verification letters.. .............$100.00 Waiver and Construction Hours....................................................... .....$ 75.00 Pre-Submittal Reviews................................................................. ......$100.00 City of Sunny Isles Beach -.-- Planning and Zoning Department 0 <I: w Gl III '0 III l'Q C W en ..J !Q ~ >- z E z :l ::::l 'E III Gl LL ~ 0 III ~ It: ED (3 z ili r:: 0 N ili Q; Ol C E ~ ro 0 ro 0.. a z III <: <: t 0 'C Q) t5 u .92 > III U '0 Q) Q) <( en 0 .... .... 0 0 N N N N 0 0 It) == .., .., .n ~ ~ "" N N X co co N ED :ri .c E ~ :l ili z .c a. E r:: ~ 0 :J t 0 z Q) ili '0 III N '0 <( E i:ij () G ~ - 5 ~ t.R . ..... ~ il ~ ..c W ~ c 8 .. C N = ~ ~ a. e o o ii ~ = .. ; .. C N .5 ~ ~- ~ J = ~ 1i ~ . '0 = 1i = :; (; c .. E ~ o > ~ u ;; .5 . '" N a. ~ N = 1i '0 = ;; c o '0 i! = :z; E N :i = ~ I- .5 oed o~ Oii N~ Q;! o.1! -"; ~ g ~~ "> = a;~ _.2 nsg c: N C:~ o~ -- ~ _a. ns.!! CJg --Q; :E~ :::sw o..i CITY OF SUNNY ISLES BEACH NOTICE OF CITY COMMISSION WORKSHOP NOTICE IS HEREBY GIVEN that a Workshop will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the Sunny Isles Beach Government Center, 4th Floor Conference Room, 18070 Collins Avenue, Sunny Isles Beach, on Friday, November 14, 2008, at 10:00 a.m. for questions that the Commission may have concerning the November 18, 2008 Regular City Commission meeting. All persons are invited to attend and observe this public workshop meeting. Inquiries may be directed to the City Clerk's Office at 305-792-1703. Jane A. Hines, CMC, City Clerk In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305-947-0606, no later than 48 hours prior to the proceedings; if hearing impaired, please telephone the TIV line at 305-792-1590 for assistance. fa CITY OF SUNNY ISLES BEACH ~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the City of Sunny Isles Beach, Rorida, will hold a public hearing in the Sunny Isles Beach Government Cenler, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, ROfida, on Tuesday, November t B, 2OOB, at 6:30 p.m., to consider final adopMn of the following proposed Ordinances: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, flORIDA, AMENDING SECTIONS 14.8 AND 14.10 OF THE CITY CODE RELATING TO THE IMPOSITION AND COLLECTION OF CML PENALTIES IN CODE ENFORCEMHIT CASES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABIUTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, flORIDA, AMENDING SECTION 62-8 OF THE CITY CODE TO PROVIDE ADDITIONAL GROUNDS FOR THE SELECTION OF THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABIUTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Inquiries regarding these items may be directed to the City Clerk at 305.792.1703. A copy of these documents are available for public inspection during normal business hours in City Hall. Jane A. Hines, CMC, City Clerk All persoos are invited to appear at this meeting or be represerned I1i ill agent. Of to express their yiews in writing acXlressed to tt1e City Commission clo the City Clerk, City of SUnny Isles Beach, 18070 COllns Avenue, SUmy I~es Beach, Florida, 33160. Any persoo wishing to address the City Commission at a Jllblic hearing is asked to register wfth the City elm I1t complet~g a publ~ speaI<ers' eard prior to 1I1e nem be~g heard. The hear~g on these matters may be contiooed at ttlls meeting and under such circumstances, additlonaJ legal notice would not be provided. W a persm decides to appeaJ any decision made by 1I1e City Commission with respect to any matter considerod at such meeting, they will need a record of the proceedings Md, for such plJ'pOSEI, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimooy and evidence upon wtlIch Iha appeal Is 10 be based. This noOee does nol CQI1S1ittJte coosent by the City 1(1" introdoction (X' admissioo of othefWise inadmissible or Irrelevant evidence, nor does n autlxrize challenges or appeals not 01l1erwise allowed by ~w. In accordance with 1I1e Americans with OOaiJilrties foI;1, all persons who are disaljed and who need spec~1 accommodations 10 paI1Ieipate In lhis meeting because of 1l1at dOaiJllity should contact 1I1e City Manager al 305-947-0606, no ~Ierthan 48 holn prlor to 1l1e proceedings: W hea1ng Impalrod, please telephone 1I1e m line at 305-792.1590 for assistance. 9 CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARINGS '" o 2 '" ffi '" ~ > o z >' "" '" z iil NOTtcE IS HERIBY GlVf:N thai a public hearing wi. be Ileld by the City' Commission of the City 01 Sunny Isles Beac:n, Florida, in the CanmiSSion Chambef1, SUIVlY Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on Tuesday, November 18, 2008 It 1:30 pm.. b consider the toIlowing Z !lQapplications: A. R..K.lndAssoclates loclUon: 16830 CoI1ins Avenue PubllcHelrlngl: 12008-01 SUmmlry: The Applicant is seeking site plan approval lor the constrocbon 01 a nllW tommerCla.Vref.a1l building. The Applicant trltends m demOlish the existing building and construct I new one-S1ofy bu~dlng with a total 016,000 sqll8nlleel 1, Pursuant to Section 265-18 01 the City 01 Suooy Isles Beactl Land Development Regulations, the Applicant Is requesting site plan apprcwal fly the construction of a new CQfMlercial retail building within the Town Cenler District Plans are on fite and may be examined In the P1annlng and ZOIling Oeparbnenllot "Proposed One Story Building." consisting 012 sheets. Plans may be modified at public hearing. legal: Q ~ :z: i: .. i: ... :z: 0- A PAReR OF LAND IN GOVERNMENT LOT 5 IN FRACTIONAl SECTION 11, TOWNSHIP 52 SOl.IlH, RANGE 42 EAST, M.M4J.[W)f COlINTY FLORIDA. BEING MORE PARTICUL.ARLY DESCRIBED AS FOllOWS: COMMENC[ AT THE NORTHEAST CORNER OF TRACT "A" OF R.K. COMMERCIAl c[NITR SOOTH, ACCORDING TO THf PLAT Tl1EREOf, AS RECOfl[)EO IN PLAT BOOK 148 AT PAGE 12 OFM PU8UC RECORDS Of MJAMl.DAO( COUNTY, R.ORlOA, THE FCl.l.OWINGFOUR 14) COURSES BEING AlONG THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-l-A PER STATE ROAD DEPARTMENT RIGHT-Of-WAY MAP SECT10N 81110-2511; (1) TlENCf SOUTH 01.32' 56" WEST FOR 295.96 FEET; (2) THENc[ SOOTH or 51' 03" WEST fOR 5.51 FEET TO THE POINT OF BEGINNING OF THE HffiEINAFTER DESCRlBm PARCEl OF lANO, M PREVIOUS TWO COURSES BEING AlONG mE EASTERlY EXTERIOR BOUNDARY LINE Of SAlDTfIACT "A"; (3J THENC[ DEPARTING SAID EASTERLY EXTERIOR BOUNDARY UNE CONTlHt.{ SOUTH 02. 51' 03" MST FOR 151.11 FEET; (4) THENCE SOUTH 85"54' 46" WEST FOR 2.16 FEETTOA POINT ON SAIO EASTERLY EXTERIOR BOUNDAAYI.JN( OfTMCT "A", THE FOUO'MNG THREE (3J COURSES BEING AlONG SAID EASTERLY EXTERIOR 8OUNONIY UNE Of TRACT "A"; (1) MNCE CONTINUE SOUTH 85054'46" WEST FOR 148.34 FEET; (2) THENCE NORTH 02051'03" EAST AlONG A UNE PMAlI.B. WITH SAID MST RIGKT-Of-WAY UHE Of STATE ROAOA-l-AfOR 151.11 FEET; (3) THENCE NORTH 85.54'46. EAST FOR 151.11 FEET TO THE POINT a:-SEGlNMNG. ADDRESS: 16B30 Collins Avenue Slzeof Property: O.5ACRES Zone: Neighbofhood Business tB.1) . Jerry" Famous Del location: 11190 Collins Avenue PubUcHearlngl: Z2OO8-08 SUmmlry: The App!iCM1 is requeslillO conditional use approval t) sell beer. wine and spirits within a grocery market. Thll Applicant is also requesting thalli be pennilled to seg spirits fly oft-premisll consumption under 1he grocery $lore exc.eption relating to the distance requiremenls fly alooholiC beverage eslabHshments. 1. Pursuant m Sec1illfl 265.13 01 the City 01 Sunny Isles Beadlland Development Regulations, the Applicant is requesting COndltiOoal use approvallVld pIlnnissiontose.bellf.wine,andspirilsunderthegrocerystorellxceptiotlunderSection98-5~)olthllCilyCodll_ Plans ate on file and may be examined in the Planning and Zoning Oeparbnent fly "EpiCure Uar!l.et Interior Reoovalion" consiSting all Sheelllrld liquor Stney coosistingDl1sheet.PIansmaybemodifiedatpublicheariog. legal: Parcel2 LOTS 1, 2,3, 4,AND 5, SOUTH SHORE ESTATES, ACCORDING TO M PLATMREOF, RECORDED IN PLAT BOOK 52, PAGE 69, OfTtl: PUBlIC RECORDS a:- MIAMI-DADE COUNTY, R.ORlOA; AND THAT PORTION OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, Of TATUM'S OCEAN PARK COMflANY'S SUBOMSlON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64,1N THE PU8lIC RECORDS Of MiAMI-DADE COUNT'( flORIOA.lYlHG MST OFTHfWESTERlY R1GHT-OF-WAYUNE Of FlOAlDASTATE ROADA1A. MORE PARTlCUlARlY DESCRIBED AS FOUOWS: BEGINNING AT THE INTERSECTION Of THe NORTH UNE OF THE NORTH 100 FEET Of THE SOUTH 300 FffT Of LOT 2, OF TATUM'S OCEAN PARK COW'ANY'S SUBDMSlOH,ACCORDING TO TliE PlAT TliEREOf, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN M PUBlIC RECORDS Of MIAMI-DADE COUNT'( flORIDA. WITH THE WESTERlY RIGHT-OF-WAY LINE OF FLOFUDA STATE ROAD AlA, AS SHOWN BY PLAT RECORDED IN PlAT BOOK 41, PAGE 101, Of THE PUBLIC RECORDS Of MIAMI-DADE COONTY, R.ORlDA, SAID POINT BEING THE SOUTtOSTEfl.Y CORNER OF LOT " OF THE SUBOMSION OF SOUTH SHORE ESTATES,AS RECORDED IN PlAT BOOK 52, PAGE 69, IN THE PUBlIC RECORDS Of MIAMI-DADE COUNTY, FlORIDA; THENCE WEST ALONG THE NORTH UNE OF THE NORTH 100 FEET Of THE SOUTH 300 FEET Of LOT 2 Of TME AfORESAID TATUM'S OCEAN PARK COMPANY'S SUBDMSION, FORA DlSTNlCE OF 402.15 FEET TO THE SOOTHWEST CORNER Of LOT 3 Of SAID SOUTH SHORE ESTATES SUBDMSION, WHICH POINT IS THE POINT OF BEGINNING; THENCE CONTINUE WEST ALONG TlE NORTH lINE OF TliE NORTH 100 FEET OF THE SOlITM 300 FEET OF LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANY'S SU8OMSIQN, FORA DISTANCE OF 200 FEET TO A POINT, WHICH POINT IS THE SOOTHWEST CORNER OF LOT 5 OF SAIO SOUTH SHORE ESTATES SUBOIVISION; THENCE SOUTH AlONG THE PROlONGAnDN SOUTH OF THE lINE OIVIOING LOTS 5 AND 6 OF SAIO SOUTH SHORE ESTATES SUBM'lSION FOR A OtSTNlCE OF 100 FEET TO A POINT OH THE SOUTH lINE OFTtE NORTH 100 FEET Of THE SOUTH 300 FEET Of LOT 2 OF SAlDTATUM'S OCEAN PARK COMPANY'S SUBOMSION, EAST ALOHG THE SOlJTH lINE OF THE NORTH 100 FEET Of THE SOlJTH 300 FEET Of LOT 2 OF THE AFORESAlO TATUM'S OeEm PARK COMPANY'S SU80MSION, FOR A DISTANCE OF 200 FEET TO A POINT, WHICH POINT IS 392.28 FEET WEST OF M WESTERlY RIGHT.OF.WAY OF THE AFORESAID FLORIDA STATE ROAOA1A; THENCE NORTH AlONG THE PROlONGATION SOUTH OF THE UN[ DMDtNG LOTS 3 AHa 4 OF SAID SOl1TH SHORE ESTATES SU80MSlON, FOR A DISTANCE Of 100 FEET TO THE POINT OF BEGINNING OFM PARCR OF LAHD HEREIN DESCFU&D, WHICH POINT IS THE SOUTHWEST CORNER OF LOT 3 OF SAIl SOUTH SHORE ESTATES SUBOtV1SION. legal: 'arceI3: THAT POAT1ON OF THE NORTH 100 fEET OF THE SOOTH 300 FEET OF LOT 2, Of TATUM'S OCEAN PARK COMPANY'S SUBOMSlON,ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PI.I8lIC RECORDS OF MIAMI-DADE COUNT'( FlORIOA. LYIlIG WEST OFTHE WESTERLY R100.Qf.WAY lINE OF FLORIDA STATE ROAD AlA. MORE PART1CULAALY DESCRIBED AS FOUOWS: BEGINNING AT THE lNTERSECTlON OF THE NORTH UNE OF TliE NORTH 100 FEET Of THE SOUTH 300 FEET OF LOT 2, OF TAlUM'S OCEAN PARK COW'ANY'S SU80MSlON,ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBlIC RECORDS Of MiAMI-OADE COUNTY, FLORIDA, WITH THE WESTERLY RIGHT-OF-WAY lINE OF nORlOA STATE ROAD AlA. AS SHOWN BY PLAT RECQAOED IN PLAT BOOK 41, PAGE 101, Of THE PUBlIC RECORDS Of MIAMI-DADE COUNTY, nDRlDA, SAID POINT BEING THE SOnEASTEfl.Y CORNER OF LOT 1, OF THE SU8OlVlSION OF SOUTH SHORE ESTATIS, AS RECOROOlIN PLAT BOOK 52, PAGE 69, IN THE PUBlIC RECORDS OF MIAMI-DADE COUNTY. FlORIDA; THENCE WEST ALONG THE NORTH UHE OF THE NORTH 100 FffT Of THE SOUTH 300 FEET Of LOT 2 Of THE AfORESAID TATUM'S OCEAN PARK COMPANY'S SUBDMSION, FORA DISTANCE OF 402.15 FffTTO THE SOUlHWEST CORNER Of LOT 3 Of SND SOUTH SHORE ESTATES SUBDMSJON. THENCE SOUTH AlONG THE PAOlONGATlON SOUTH OF THE UN( DMOING LOTS 3 AND 4 Of SAID SOUTH SHORE ESTATES SUBOMSlOH FORA DISTANCE OF 100 FEET TOA POINT ON THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 Of SAID TATUM'S SUBDMSlON, THENCE EAST AlONG THE SOUTH LINE Of THE NORTH 100 FEET Of THE SOUTH 300 FEET OF LOT 2 OF SAID TATUM'S SU8OtVlStON fOR A DISTANCE OF 392.28 fEET TO A POINT ON TliE WESTERLY RIGHT.Of-WAY lINE OF THE AfOAfSAlD MRlDA STATE ROAD A1A; 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. ADDRESS: 11190 Collins Avenue Size 01 Property: 3 ACRES lone: HeighbDrhoodBtJsinesstB-1) AI persont If. IIlvlted to Ippear II this meeting or be represented by II'l aoent, or 10 upreSllhe1r vleWIln writing Iddreued to the City Celt, CIty of Sunn, lslea Beech, 18070 CoIlIr1aAvenue,Somr 1slelIleadl, Fbtl., 33160. Thecourl......... ruled Challis mpropertoconlact. ClyCorm1lsslon mermerlndlvtluaDy,eIlherordyor In writing Illoul eny lOnlng epplk:allona. Maps end oilier dala pertlNIg 111 lhese appIk:allonsare IV3lIabIe fot pubk tnspecb WIng notrlIIl business tlllln n ClyHal.Mi lOnlng he8rlng may be contlnued II this meetlng and ooder such clraJnmtlfla:l,lddItlonallep nol.lce 'MIUId not be provided."'" penons wisI*1g 10 speakala pubIlc hearing lhootd reglsler with lhe Clly Cler!l. prior 10 lhalllem being hurd. Inqulrlel revardlng the item ma, be dlrecled to the CIl}". Pllnnlng and Zoolng Oepartment II (3OS) 792.171o.PIeue relerto lheheamg nurrtlerwhenmakr.g anmqu~.lIa ptnOlIdecidestoaweelanydedllort medii bylhe CIlyCorMllssIort.respecttoaty ma1ercmsklemdll u:h rreetng ot hearing, theywll need a reoonl r1lhe proceedings and, lor lOCh purpoae, lf8,need toenue lhaIavelb8l1m llllXlr'llofthe proceedingl. made, iMIk:h tecad k1I:1IdeI lhe leslmon, and evidence upon vAlIctIlhe IppeaI. to be basl!d. ThIs notice doel no! c:cmIlIutecms&nlby the DIy lor tnlroducllort II' admission ofolherwlse Ndrr'UsIlIeormlMnt.l!YIdence, nordoelllllllhorlzechalengesll'lIppeala nol. olherwla.e ~ byllM.lnm::ortlancewth lheArnert:answtth Oisablltlea Act. d persons who are disabled and who need specialacrommodallonl to pratllctpate In lhil meeting becaule of thll dlslbUIty IIlouId contaclthe DIy Manlger It 3OS-792.17Dl,nolalerll\a'148holnprlotto lheproceellng; II toeamg Inllalrecl, please leIeplv:r'oe lheTOO llneatJOS.192.1S901<<1S:Slst1fla:. o .c .c '" ... Z E 8 ti Ii I~ I City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk November 24, 2008 Mr. Arnold Shevlin R.K. Associates 17100 Collins Avenue Sunny Isles Beach, Florida 33160 Re: Approval of Zoning Application (Z2008-07) Submitted by RK and Associates #2, Inc. for the Construction of a Commercial/Retail One Story Building in RK Shopping Plaza Located at 16830 Collins Avenue Dear Mr. Shevlin: At its meeting of November 18, 2008, the City Commission approved Resolution No. 08-Z-114, which approved the above Zoning Application. Attached is a certified copy of the approving legislation for your files. Thank you. Very truly yours, ~~ Jane A. Hines, CMC City Clerk Attachment cc: Hans Ottinot, City Attorney Jorge Vera, Assistant City Manager/Services Robert Solera, Director of Community Development Clayton L. Parker, Building Official Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Shevlin - Rk Zoning Application Approval Ltr