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Home My WebLink AboutOrdinance 2007-277 ORDINANCE NO, 2007-~7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-5 OF THE LAND DEVELOPMENT REGULATIONS RELATING TO THE USE OF SUBMERGED LANDS FOR DENSITY AND INTENSITY PURPOSES; AND PROVIDING FOR INCLUSION OF THE TERM SUBMERGED LANDS IN THE DEFINITIONS SET FORTH IN SECTION 265-5 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFI~CTIVE DATE. WHEREAS, the City Commission has the authority to amend its Land Development Regulations; and WHEREAS, by Ordinance No. 2004-215, adopted September 22, 2004, the City Commission amended the Land Development Regulations to permit submerged lands to be used for density and intensity purposcs where the submerged land is located within the legal boundary of the propcrty; and WHEREAS, the City Commission wishes to reaffirm its intent to permit submerged lands within the legal boundary of the propcrty to be used for density and intensity purposes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I, InconJoration of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hcrcof. Section 2. Purpose and Intent. The purposc of this Ordinance is to clarify the exact circumstances in which submcrged lands may be used for density and intensity purposes for a development project. This Ordinance reaffirms the intent of the City Commission to permit submerged lands within a platted lot to be used for density and intensity purposes. Section 3. Amendment. Section 265-5 of thc Land Development Regulations is amcndcd to rcad as follows: Words Added underlined, words strt€ketl ddetcd (cd) Page 1 01'3 ~ 265-5. Definitions, DEVELOPMENT PARCEL--- A parcel of land am! watef used for residential or nonresidential structures, accessory structures, utilities, rights-of-way, easements, agriculture, open space and other public or private uses. GROSS ACRE OR GROSS AREA--- The total area within of a parcel including submerged lands within a Illatted lot. and '.vater. LOT AREA --- The area enclosed by the exterior boundaries of the lot. No portion of the public or private vehicular rights-of-way adjacent to a lot shall be calculated as plat of the lot's area. Submerged lands shall not be counted as Ilart of the lot's area except where the submerged lands are within the platted lot. Utility or other easements shall not be deducted from the lot area. NET ACRE OR NET PARCEL AREA--- The total area of a development parcel.,less Net Acre or Net Parcel Area shall not include rights-of-way and land dedicatcd or reserved for public parks or submerged land except where the submerged land is within the plattcd lot of the development project (excluding pri'iate tot lots and private recreation area). SUBMERGED LANDS---land underneath a water body which mav be used for densitv and intensitv purposes for a development proiect if the land is within the platted lot of the development. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Applicabilitv. This Ordinance shall apply to all zoning applications and approvals. Section 6. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the code of the City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 7. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 8. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. Words added underlined, words str~c-ken deleted (ed) Page 2 of3 PASSED and ADOPTED on first reading the Ig-W< day of:rf\IlJUl\~Y 2007, PASSED and ADOPTED on second reading the 15+1- day of _FF..e.R.UIIR'i' 2007. ?} d'I""P.M:,~;J ATTEST: .'~'AL JaneA Hines, CMC, City Clerk Moved by: (1)~ (OOOhm/W Secondcd by: 'Y\c..~ a:lp..y{)R -cH A-\..~ Votc: S-D Mayor EdelcllP Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias 0Ycs) ~es) '-u'Yes) ~es) BYes) _(No) _(No) (No) _(No) (No) Words added ullderlined, words 5l-fiekBIl <lclctcd (cd) Page J ofJ u ii'i ~ " III ~ U) c w 05 -' '" !!l ~ >- z ~ z ,;! ~ c U) ~ > u.. <( 0 III ~ '" III U Z ~ c 0 ~ ~ CO C E ~ ~ ,Q m " ~ 0. z 'E c C 0 '0 ~ 'B u .. > " " ~ ~ 0 <( III 0 ~ ~ C C c 1'3 '" '" '" C ;:: ... ... '" '" '" " '" '" >< ... ... '" " ~ "' E " 0 ~ ~ Z "' C 0. E 0 ~ 0 'E :, z ~ ~ " " N (; <( E in u e /:j - B w ~ 'S ~ ,- ~ w ..c reJ " 0 - ~ , $/0.500 VALUE > . . ALL ~ ~ 8 3 i ~ . ROOMS ~ ~ ~ 9 , ~ . 0 . ~ . . ~ ~ . i ~ 0 , ~ 1 ,. , , . . I ~ > '0 < ~ ! . 0 ~ E , 0 > 1 ~ ~ . ~ ~ ~ 0 0 . '5 . l . ~ o f'-~ OK O~ N~ -' ~:: O~ Ni O~ ~ Q)~ -" ra1 C~ t:~ 0:2 ,-I - . ra' CJg :.:i ..c~ :::J" . c..~ .'II~- Don't suffer with hammertoes when there is a simple cure. The procedure is quicK and is done in my oj]ice, It takes only a few minutes of your time to receive a lifetime of comfort. :\IB"AV^".11,~-"r1V T,,,,IlO<"'t'lR l),~ 1'.."", Spfcializing 11l Foot & Ankle Disorders ONLY AT wasser's exclusive furniture Est. 1881 4th Generation Merchants Hallandale Beach Blvd at Dixie Hwy. Open Mon, - Th 10 - 6 Fri. 10 -4 Sat. & Sun. 11 - 3 .\f()jl/tu"Ttln~rf,\rupllil Si""bt~"poflol. Gary L, Curson, D,P.M., P.A. PODIATRIST Grolllld [Bel wilh Ample Parking ill Rear 'CALENOAIl,FROM36 closed.toeshoes30S-633.9861 OouglasGaldensHo5plce:Seeking tompass;onate volunteers to provide companionshiptopatient~andlh~i, families living in Miami.D~de County CaIIJud,lhEngIMd~ral 305,762.3883 Easter Seals VOrlJ~tUr$: Op~~i~gs fo. p~opl~ lohelpmak~ a difrer~nc~ inlhelivesofp~oplewilhdisabililies Volunteersca~spendtill1ewilhAlz- heimer'sclientsi~lheAduIIOayCare program,assislinadmi~;st.alive!of- ficewo.kandparIIClpaleinma.ket- ingandlundraisingeHortsandspe. cialevents.305.547.41S8 FoslerCa,eRevlew;Nonprofllorga- nization monitOfS children In losler care,Needspeopleages25andOlder lose.veascilizen,eviewpanehsls andconductiudicialhearingslo assisllhecourts,Panelsmeetoneday a monlhalthejuvenile Cou'lhouleat 3300 NW 27lh Ave, in Miami. No spe. cialskillso.backgroundrequired: l'aining provided. 305.513.6665, exl. lBOorext. 230o.foslerca.efe v<ew.org Guardian Ad Litem: 5eeking individU- alsto speak on behalr of abused and negiecledchild.enincou,lallhe juvenile courlhouse in Mian11,at BOO NW21lhAve,lntroducto'ysession 6-9 p.m, Feb. 7.305.638.6861, ed,245orgotovoices4.org Jewl1ihVolunteerCenler:5eeking assistance with va,ious duties Ihroughoulthecommunity.CaIlOI< OSll1.CohenaI305.576.4000, [:.,~-~ ~) NEIGHBORS CALENDAR e~l. 414ore.maillooosin-co hen,O'gmjf.org LlglllhouseforlheBllnd:5eeking volunleerstorecofdweeklYlYlaga. zinea.licle<;andolheritenlS requesledbylhevisuallyimpalled 305.85&.2288 Llsleners (Oyenlesl Program: Non. iudgmenlalbilingual,English-or 5panish,speakmg people who.elale well with kids needed as sounding boardslomakeadirre,~nc~inlh~life ofa.~hiId.Programis~ponsoredby Miam;.DadeCounlyPublic5chool volunleerprogram,CaIIF.anCine !obinat 305-935.0045 or Nala~ha FalconiaI305.g6B-8100. Miami Jewlsll Home al\d Hospllal: S~eking voiunlee'slovisils~niors, pallicipale in aclivities and perform a vafietyofolher services; Miami Jew, ish Home & Hospilal FOf lhe Aged, Douglas Galdens, 5200 NE Secol1d Ave, Miami 305-762-1407. Mlaml.Dacf,PollceDeparlmenl'$ CllIzens' Program: 5eeking vOlun. leersforava/ielyofassignmenlsand special evenls lh.oughout Miaml- DadeCounly,lmmediateopeningsin dalaenlryandclerlCalpositlonsat HeadquarlersandDi5lricl5lations ConlaCllheprog'amoHiceal 305.471.2350. North Miami Beach Opllmlsl Club Spec1aIOlymplcs:Seeksp~opleB and olde. for lhe club's 25lhMiami. Dade County 5pecial Olymp;cs !rack&FieldcompetilioninMarch. IncludesfreeT.shirl,lunch,ente.lain' mentandcommun'lyse.viceleller: evenlheldallheNo,lhMiamiAlh- lelic5tadiumalFloridainl~"'alional CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commissloll, also silting as \he local Planninll Agency, of Ihe City of Sunny IslesBeach,Florida,will ho Id a public hearing In the Sunny Isles Beach Government Center,Oavi dP. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, Florida, on Thursday, February 15,2007, at 7:30 p.m" 10 considerfinaladoplion of the following proposed Ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-5 OF THE lAND DEVELOPMENT REGULATIONS RELATING TO THE USE OF SUBMERGED lANDS FOR DENSITY AND INTENSITY PURPOSES AND PROVIDING FOR INCLUSION OF THE TEAM SUBMERGED LANDS IN THE DEFINITIONS SET FORTH IN SECnON 265-5 OF THE LAND DEVELOPMENT REGULATIONS; PROVlOING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR INCllJSION iN THE COOE; PROVIDING FOR AN EFFECTIVE DATE, Inquiries regarding this item may be direcled to Ihe City Clerk at 305- 947.0606. Copies of these documents are available for publiC Inspeclion during normal business hours In City Hall. Jane A. Hines,CMC, City Clerk All pe.sons are in,iled 10 ap.pear a1 lhiS meetinllor be represenled by an allool ,(I(to expressthMviewlinwritil1\la(ldressedlolheCityCQrnmissiooc/olheCityClerll,C~y or Sunny Isles Beach,lB070CollinsMenua,SuMylsles8eilCh,Floriaa,33160. My persoo wishing 10 address the City CQrnmission al a publ>c hear'llg is asl<ed loregisler willlthe City Cterll by complefil1\l a public speakers' cafd prior 10 the Mm bail1\lheard. The hearing 011 these ma"ars maybe continued at this meefing and under such circumstances. addi~onallegalllO~ce woold 1101 be pro,illed. II a person decides to appeal an~ decision made by lIle City Commission wilh respect to an~ matter ronsidered al such meeting, Iheywill need a record 01 the proceedings and,lor such purpose,mayneedloensuralhale~erbalimrecordoftheproceedingslsmade,whfcll reCOld iocludes lIle teslimon~ and eviaence upon which tha appeal is 10 be based. This ooties ooes 001 cooslilule coosenl by the City lor introduclion or admission 01 otherwiss inadmissibie or irrele_ant evidence, oor ooes il authorilechallengei 0( appeal$ not otherwise allowed b~ law. In aecorclance with the Americans with Ol$ab~IHes Atl, all persllNl wtJo ilfS disabled and who need opecial accommooatioos to parti<:ipate in Ihis meefing because of lhal disability should contocl the.Cil)' Managera.t 305-941-0606,110 laler Ihan 46Ml'"s prior 10 lhs proceedll\lls: If healing Impalled,please lelephone them Ilneel 30s.192. 15!l'O lor assistance. Unive'sityBi~cayneBayCampus 800.825-1012 Shake.A'legVolunleets:Avarietyof p.ogramsandevenlsa,einneedof voiunleerslhalindude,wale.ing planIS,boat.eslo.alion,COOking,and paladefloal-building:5hake-A.Leg Miami,26205.Bay~ho.eOr"Coconul Grove 305.858-5550 or e.mail ienny,,<j:shak~alegrniamiorg Swllchboard of MJaml: 5eeks people ov~.18fo'atrHinguaI24.hourcrisis and info,malion holline: includes free 45.hourtrainingcerlifiedbylhe AmericanAs~ocralionoI5u;cidology andlhenalionalAllianceoflnforma- lionandReferraISyslenls;muslcom. mil loal leasl 182 hou.s. Call Jada Hunter at 305'358-1640, e~t 126 or go 10 switchbOB.dmiami,org U.S, Army Corps 01 Englneu$: 5eeks peopletowo.kascle.ic3Ias~islanls, proje~ll'1anager assislanls,and bioi. ogistassislanls:dutiesmayinclude fieldanalyseS,SCientiflcstudies,inler' gove,nmentalrelatlons,andcle.ical work;USArmyCo,psofEngineers Miami Reguliltory Field Ofhce, 11420 NorlhKendaIIDr,,5Ie,104,MiaI11lCall Ing,id5oleloaI305.71g.6054 U.S. Coast Guard Au~lIlary: Seeking rnenandwomenfo.boatcrewslo assislwilhpalrols,searchand.escue salelycou.ses,marineinspecllons. envllonmentaleducatlon,shiparriv- als,ha,bor securily and homeland securily.Formo.e;nlo.mation,call Ki.by Helle,al 305-g31-91g8 Vltas Innovallve Hospice Hulthcare: 5eekingassistancevisilinglern1iMlly lilmililaryv~le.ans3tlhei.homes, nursing home facililies and inpalienl hospilalunits.contaclCalhy 305.S76.g333orbye.mailcalhy.a gosli@vllas,com CLASSES Afro.Aeroblu:Mencanlearnlhe wa,riordanceandwon1encanlearn thedanceollamba.Dlummerswillbe onhandloplo~idemusrc:8:30p.m Wednesdays: PAN (Perlo.ming Arls Nelwo.k), 13126 W. Dixie Hwy., No.th Miami: S10. 786-546-6630 Care For Conlalner Pl3nls: Lea,n aboulyear..oundgardeningwilh containe.planls;10a.m..noonFeb 10:The Envi.onmenlal Cenleral Miami DadeCollege.Kendall,1l0115W 1041hSl"Kendall;SI5,Toreglslel,call 305.231.26000rgolomdcedu!kerl dall/ce and clkk on Envi.onmental Cenler: use reference numbe. 411168 The Cau1y hnnl$ Foundation: Adull,andkidsages3andovercan learnbasic,ir11ermedi~leand advanced lennis Skill~ through lhe CaselyTennisFoundationallheFIU TenniS Cenler: hourly ses~ions belween4.1 p,l'l. Monday.Fnday,g a,[l1,.10a.m5atu.day:Florldalnlema- lional Universily, 11200 5W Eighlh 51., WestMiall1i-Dade:$60p~IIYlonlh 305.962.2633 !he Castle Harbor Boating School: CaslleHa'bo.5ailing5chool.9610 Old Culler Rd" Coral Gables 305.668.88380.caslleha,borcom' . Adultlearntosallcl3ss,awate. basic sailinllclass:jj,standlhlrd 5al. urdaysandSundays:S395 .Waterpowerboalclas5:second and fourlh 5aturdays and Sundays of Ihemonlh;S395. . Adultsailingclinicopenevery5at. urday:10a.m,.1p,m.5atulday:S35 DrolmaBuddhlstCentel:lntroduc- lorysemina,slolheOrolma8uddhi51 melhodthatincludealalkandlwo guidedmedllations:7:30p,m Wedn~sdays:UnilallanUnive.salisl TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5 107 Fax 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 Allorney Jane A. Hines, City Clerk MEMORANDUM Hans Ottinot, City Attorney q~~ Priscilla Walker, CMC, Deputy City Clerk February 21,2007 Approval of Amendment to Submerged Land Ordinance At its regular meeting of February 15, 2007, the City Commission adopted Ordinance No. 2007-277, which approved a clarification amendment to the Submerged Land Ordinance. Additionally, the Local Planning Agency adopted LP A Resolution 2007-42, which recommended the amended Ordinance to the City Commission. Attached is a copy of the Ordinance and Resolution for your files. Thank you. :pw Attachment cc: A. John Szerlag, City Manager Jorge L. Vera, Assistant City Manager/Services Submerged Land Ord Amended Trans Memo City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, Cily Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Hans Ottinot, City Attorney ~ DATE: January 18, 2007 RE: Clarification Amendment for Submerged Lands Ordinance RECOMMENDATION: The attached amended Ordinance is presented for your consideration and approval. REASONS: By Ordinance No. 2004-215, adopted September 22, 2004, the City Commission amended the definitions of the Land Development Regulations ("LDRs") to permit the use of submerged lands for density and intensity purposes where the submerged lands are within the legal boundary of the property. The purpose of this amended Ordinance is to confirm the City's interpretation of the submerged land ordinance and to clarify its language relating to the use of submerged lands for density and intensity purposes. ADDITIONAL INFORMATION: A letter addressed to Clifford Schulman, Esq. regarding the City's interpretation of the submerged land ordinance is attached. HO:jb / Attachments - 1 - Agenda Item C( B.::G Date ;;< - IS-Ol 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 Ottinal City Attorney Jane A. Hines City Clerk 18070 Collins Avenue, Sunny Isles Beach, FL 33160 305.947.0606 www.sibfl.net December 1 5,2006 Via Certified Mail Mr. Clifford A. Schulman, Esq. Greenberg Traurig, P.A. l221 Brickell Avenue Miami, FL 33131 Re: 18320 Collins Avenue/Request for Code Interpretation Dear Mr. Schulman: This letter is in response to the attached letter in which you requested an interpretation of certain provisions of the City Code. Specifically, you have asked me to determine whether your client, a developer, may use submerged lands for density and floor area purposes where the submerged lands are not within the legal boundary of the property owned by your client. You have also asked me to determine whether a liquor store within the proposed new Publix is exempt from the conditional use requirements. As more fully discussed below. your client cannot use submerged lands for density and floor area purposes where the submerged lands are not within the legal boundary of your client's property. The liquor store is subject to the conditional use requirements. Submerged Lands In your letter, you asserted that certain definitions set forth in the Land Development Regulations ("LDRs") permit a developer to use submerged lands for density purposes even where the submerged lands are not within the legal boundary of the property owned by the developer. Unfortunately, I do not agree with your interpretation of the definitions in the LDRs. In fact, your current position is inconsistent with the position you asserted for a different client when the City Commission agreed to allow submerged lands within the legal boundary of a property to be used for density and floor area purposes. As. a matter of background, the LDRs had initially excl uded submerged lands or water bodies from being counted for density and floor area purposes. Through your lobbying efforts on behalf of a particular client, the City Commission decided to revisit the submerged lands issue because there was a claim that certain property owners were not able to use their entire property for density and floor area purposes due to the natural erosion of uplands in certairi areas of the City. To remedy this problem, by Ordinance No. 2004-215, adopted September 22, 2004, the City Commission amended the definitions of the LDRS to permit the use of submerged lands for density and floor area purposes where the submerged lands are within the legal boundary of the property. A copy of Ordinance No. 2004-2 1 5 is attached hereto. Indeed, the intent of the aforementioned ordinance was to ensure that submerged lands \vould be 0NNY ISl <.:c,~('J' O~ .~~ :;, ~\~ -II '" \" ~\., . u, 'I~ ,\\:,:.~'" ..' , I, .~...;. :":::;':-'::::'-',,'1. /" /9;i_':::"b\o~ "vV': ..y~ .. FlOy.. '-J considered within the definition of a lot area, which is defined as the "area enclosed fjyY1heU\~ 1'0" exterior boundaries of the /ot". See. Section 265-5 of the Land Development Regulations (emphasis added). Moreover, a lot is defined as "designated parceL tract, or area of land established by plat, subdivision. or as otherwise pelmitted by law, to be separately owned, used developed, or built upon". Clearly, the submerged lands owned by your client are outside the lot area and the lands have not been established by plat. Your letter, conveniently, did not mention the definition of lot area. Further, the legislative history clearly indicates that the City Commission had agreed to allow property owners to use submerged lands within the established boundaries of the property. A copy of the City Commission Meeting minutes relating to the discussion of submerged lands is attached hereto. Based on the foregoing, it is undisputed that the submerged lands in question cannot be used for density and floor area purposes. Your attempt to construe the City Code in a beneficial way for your client is not consistent with the Code. Conditional Use Requirement In your letter. you asserted that the proposed liquor store in the new Publix should not have to apply for conditional use approval because it meets the exemption requirements under Section 98-5 of the City Code. While your letter failed to indicate whether the proposed liquor store is a pennitted use, you are requesting that' we treat it as a permitted use. As indicated previously, the proposed liquor store is a conditional use because it does not satisfY the exemption requirements. In order to satisfy the exemption requirements, the liquor store must be located in a shopping center in the B-1 or Town Center zoning districts. Here, the liq uor store is located in the Cultural and Educational Zoning Overlay district (the "CEO"). The CED is more restrictive than the B-1 zoning district. Moreover, the liquor store is not located in a "shopping center", which is defined as "a group of retail and other commercial establishments that is planned, owned and managed as a single property". See, A Glossary of Zoning, Development, and Planning Tenns, edited by Michael Davidson and Fay Dolnick, 1999. The information provided by you clearly established that the Publix will be located within a mixed use development which consists of one standalone store and condominiums with multiple ownerships. This type of development does not fit within the definition of shopping center. The controlling definition in this matter is the definition of conditional use. Section 265-13 of the LDRs provides that "conditional uses are generally compatible with the other land uses permitted in a zoning district but, because of their unique characteristics or potential impacts on the surrounding neighborhood and the City as a whole. require individual review as to their location, design, configuration, and/or operation for the particular use at the particular location proposed......in order to ensure the use is compatible with the surrounding neighborhoods and appropriate at a particular location." In light of its unique characteristics and potential impact on surrounding neighborhoods, the City Code requires a liquor store to be treated as a conditional use if they are not able to satisfY the exemption requirements set forth in Section 98-5 of the City Code. The proposed liquor store will be treated as a conditional use. While the exemption does not apply in this case, your client still has an opportunity to achieve favorable conditional use approval from the Planning and Zoning Department for the liquor store within the Publix development if certain conditions are imposed to mitigate the impact on surrounding neighborhoods. These conditions will be presented to you during the zoning reVIew process. Appeal Before providing me with an opportunity to respond to your letter, you filed an appeal with the City Manager. The appeal letter is attached hereto. In that appeal, you asked the City manager to reverse my legal opinion pursuant to Section 265-22 of the City Code. As you know, my legal opinions are not subject to review under the aforementioned section. In the past, the City Attorney's Office has provided you with legal opinions. These opinions were not subject to the appeal process outlined in Section 265.22. Even if we assume that your appeal is valid, the City Charter does not provide the City Manager with the authority to reverse the City Attorney's legal opinions. See, Sections 3.2 and 3.6 of the City Charter. Thus, your request is not permissible under the City Charter. Please be advised that your appeal will not be processed. As such. I am returning the $3.000.00 appeal processing fee. I trust that this letter is responsi ve to the questions posed in the attached letter. Please feel free to call me should you have any questions about the foregoing. .~ ~. ,Since y,/7 /;l . .' J / -/ /;J .// ./ . I /;~. / \ - .' I /./ r . ). not' ttorney Attachments: Cc: The Honorable City Commission A. John Szerlag, City Manager Patricia SaintVil-Joseph, Deputy City Attorney Jorge Vera, Asst. City Manager/ Services Robert Solera, Community Development Director Steve Belden, Calvin Giordano & Associates Elena Del Campillo, Planning & Zoning Technician Mario Garcia-Serra, Esq. ... Greenberg Traurig Clifford A. Schulman Tel. (305) 579-0613 Fax (305) 961-5613 schulmanc@gtlaw.com December 12,2006 Hans Ottinot, Esq. City Attorney City of Sunny Isles Beach 18070 Collins Avenue Swmy Isles Beach, FL 33160 Re: 18320 Collins Avenue / Request for Code Interpretation Dear Mr. Ottinot: As you are aware, we represent Publix Supermarkets, Inc., ("Publix"), the owner of the above referenced property which is the subject of various pending development approval applications. Publix also owns several acres of submerged lands which abut the site and it is our opinion that, based on the definitions excerpted below from Section 265-5 of the Sunny Isles Beach Land Development Regulations, (the LDR's), these submerged lands may be included as part of the development site for purposes of calculating the permitted residential density and floor area of the proposed development. Density, Net - The number of residential dwelling units divided by the net parcel area. Net Acre or Net Parcel Area - The total area of a development parcel, less rights-of-way and land dedicated or reserved for public parks (excluding private tot lots and private recreation areas. ) Development Parcel - A parcel of land and water used for residential or nonresidential structures, accessory structures, utilities, rights-of-way, easements, agriculture, open space, and other public or private uses. (emphasis added) Floor Area Ratio (FAR) - The number calculated by dividing the gross floor area of the building (or buildings) on a lot by the gross area of that lot. Gross Acre or Gross Area - The total area of a parcel including land and water. (emphasis added) MIA 179496497v112111/2006 Greenberg Traurig, PA I Attorneys at Law /1221 Brickell Avenue I Miami, FL 33131 I Tel 305.5790500 I Fax 305.579.0717 / www.gtlaw.com \'.' Hans Ottinot December 12,2006 Page 2 On ,a separate but related matter, it is also our OpInIOn that the Code provisions excerpted below would exempt the package liquor store proposed to be located in the new proposed Publix shopping center from having to apply and receive conditional use approval since it will be part of a shopping center which will have a total of 50,000 square feet of floor area and 236 parking spaces. Section 98-8. Conditional use approval required. In addition to the regulations contained in this chapter, the conditional use approval requirements set forth in ~ 265-13 of the Land Development Regulations shall apply to alcoholic beverage establishments which are not able to satisfy the requirements set forth in S~ 98-4 and 98-5 of this chapter. Section 98-4. Location of establishments. No premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 750 feet from a place of business having an existing, unabandoned, legally established alcoholic beverage use which permits consumption on or off the premises and from a church or public school. *** Section 98-5. Exceptions from the distance requirements. rite restrictions and soacine requirements set forth in S 98-4 above shallllot apply to: *** G. Package stores in shopping centers in B-1 and Town Center District. Package stores in shopping centers in a B-1 and Town Center District WIder one ownership with an improved building area of not less than 41,000 square feet of floor area thereon, and with an improved and developed parking area of not less than 221 vehicles. Only one package store will be permitted in the shopping center. Please advise in writing as to whether you agree with our opinions expressed above regarding the inclusion of submerged lands for the purposes of calculating permitted density and floor area as well as our conclusion that the package liquor store proposed to be located at the new MIA 179496497v1 12/11/2006 Greenberg Traurig. PA Hans Ottinot December 12, 2006 Page 3 Publix shopping center is exempt from being required to obtain a conditional use approval. Thank you for your attention to this matter. ~~-j~ ~Clifford A. Schulman cc: Mr. Jon Auerbach Mr. Jeffrey McDonough MIA 179496497v112/1112006 Greenberg Traurig. P.A. ORDINANCE NO. 2004-~ AN ORDINANCE OF THE CITY COl\1MISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-5 OF THE LAND DEVELOPMENT REGULATIONS TO INCLUDE SUBMERGED LANDS AS PROPERTY TO BE COUNTED FOR DENSITY AND INTENSITY PURPOSES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. the City Commission has the authority to amend its Land Development Regulations; WHEREAS, the City Commission believes that submerged lands should be considered within the definition of lot area. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS: Section 1. Amendments. Section 265-5 of the Land Development Regulations of the City of Sunny Isles Beach, Florida is amended by revising the following definitions: Section 265-5 Definitions. For the purposes of this chapter, the following words, terms and phrases shall have the meanings herein setout. Word, terms and phrases not covered under this Chapter are made reference to in "A Glossary of Zoning, Development, and Planning Terms," edited by Michael Davidson and Fay Dolnick, December 1999. (1) Density or Gross Density. The number of residential dwelling units or rooms allocated to the project divided by the total project acreage. see also "DeRsity Ret." (2) Lot Area. The area enclosed by the exterior boundaries of the lot. No portion of public or private vehicular rights- of- way adjacent to a lot shall be calculated as part of the lot's area. Utility or other easements shall not be cxcavatcd deducted from the lot area. Lot &fea shall exelude all water Bodies Below the eeAtrol elevatioR withiR the lot bm18daries. (3) Net Acre or Net Parcel Area. The total area of a development parcel less water bedies gele'l/ the cOAtrol water eleyatieA, rights-of- way, and land dedicated or reserved for public parks (excluding private tot lots and private recreation areas) U:\City Clerk\Ordinances\Drafts\Draft 02004- Amd Sec. 265.5 LDR include Submerged Land.doc " . (4) Open Soace. Any area of land and lor water, which is open and unobstructed from the ground to the sky including wetland mitigation areas and areas maintained in a natural and undisturbed character. Open space shall include private parks, buffer yards, landscaped yard areas and common landscaped areas. Open space shall not include s\:lbmerged ar-eas Belew the eefttrol water eleyatioH (exelusiye ef ,It't!ltland areas)er areas covered with buildings, parking areas driveways and other paved areas not associated with pedestrian use and recreational activities. Section 2. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or to other appropriate word. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part Section 4. Effective Date: This Ordinance shall be effective ten days after adoption on second reading. PASSED and ADOPTED on First Reading the ~ day of~. ,2004. PASSED and ADOPTED on Second Reading this ~:),~y of ~, 2004. ~ . annan S. Edelcup, Mayor . . ~. '.. " .ATTEST: / .~~J ~ (~ . Jane A. Hines, CitY~Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY U: \legislation \ Ordinances \2004 \Draft Amending Sec. 265.5 of LDR to include Submerged Land.doc Moved by It 4 ~o" Gotll'l'llJ-lO _ Seconded by: CoY'M'YV\S~l.()IOf.rL.'IGL~.("/14{"' Vote: 5-0 Mayor Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler l/(Y es) ~es) ~es) _ s) _(Yes) _(No) _(No) _(No) _(No) _(No) V: \legislation \ Ordinances \2004 \Draft Amending Sec. 265.5 of LDR to include Submerged Land.doc Summary Minutes Regular City Commission Meeting July 8, 2004 City of Sunny Isles Beach, Florida meantime we are asking the City Attorney to draw up the Ordinance. Mayor Edelcup clarified that the City would be the sole seller except where a developer buys for its own use and remove cap. 12B, Discussion regarding Submerged Land. Action: Mayor Edelcup reported that there have been a lot of definitions in our Land Development Regulations about calculating FAR and gross property, density, and whether or not submerged land, wet lands, up lands, and all the various forms,just want to make sure that what is in the Ordinance doesn't conflict within itself. Planning and Zoning Administrator Jorge Vera stated that he wanted to get clarification from the Commission regarding the definitions of what submerged land is and how it is applied if it is to be applied to the whole City or to the Town Center area. He said he believed the issue arose during the Town Center area in the strip abutting the canal behind the southern portion of Sunny Isles Boulevard and it could affect several properties especially the ones that have been going through negotiations. He said we need to address this to assure what the FAR is, if submerged land is to be counted toward the FAR and density. He said the discrepancies are between the FAR, gross acre and gross area vs. the lot area, one is contradicting the other up to a point, we need to decide if submerged land is to be counted toward the FAR and density. Mayor Edelcup said the options are to either not count any of the submerged land in the calculation of the FAR, count it all, or conceivably there could be a compromise and count a portion of it. Commissioner Iglesias said we spoke about that in the last workshop and whatever land you own, you pay taxes on it, and you count it, and they threw out the riparian rights. Mayor Edelcup said he has a problem with submerged land because in some cases we have seen properties where 2/3rds or 3/4s of the land has eroded and become submerged and only maybe a 'i4 of the property is left and are we going to allow on that 'i4 property something to be built that would have otherwise been built on that entire property. Public Speakers: Joseph Milton; Cliff Schulman Joseph Milton said that this was discussed at the workshop, as he brought it up with riparian rights because overnight he lost 25% of the land because his surveyor put the property line in the wrong place. He said there are two definitions of density: I) gross density, which counts the entire acreage including submerged land and upland; and 2) net density, includes only upland, and that this was discussed at the February 8, 2004 Town Center Workshop. Mayor Edelcup said that this Commission can affirm what was said at that Workshop and instruct staff to correct it, or the Commission can disavow if it so chooses. Vice Mayor Goodman asked City Attorney Dannheisser if we did anything to anybody that would harm this, and City Attorney Dannheisser said that she agreed that there is a discrepancy in definitions, the interpretation, every since the passage of the 12 Summary Minutes: Regular City Commission Meeting July 8, 2004 City of Sunny Isles Beach, Florida Intracoastal Towers where the submerged land acres were counted, has been consistently not to include submerged land. She said that the RU-4A was specifically amended to exclude submerged land. Commissioner Iglesias said that it was specifically said at that workshop if you don't count submerged lands you are not going to get anything developed, there is no room, and what Mr. Milton said is correct. Commissioner Iglesias made a motion to clarify what was said at the February 8, 2004 Workshop, and Mr. Milton played a copy of a cassette tape, Side B, from the February 8, 2004 Town Center Workshop regarding submerged land: Shelley Eichner: The final item that was discussed at the last meeting was whether wet lands and submerged land should be included in the FAR calculation, and at that time the consensus was that wet lands should be included, submerged land excluded. Out of an outgrowth of that and I think one of the major areas of the City that you all saw when you got your big aerials was the area again on the south side of Sunny Isles Beach Boulevard and there is that canal and in reviewing some of the older plats and as you all saw, we developed those maps with the parcel lines which is what you had requested, there were some questions raised whether or not the maps were accurate and the question in particular came up was whether the water area the canal area south was part of the property of the lots or whether it wasn't and to add further to the confusion when one pulled out, so when we went back to our office and researched everything and when we did pull out the old recorded plat which, I have my surveyor Joe Aldecosta here who heads up our Survey Department, I believe it was recorded in 1950 Joe? Joe Adecosta: 1951, April. Shelley Eichner: In 1951, for whatever reason that we don't understand there is a line that shows the bulkhead line and then there is a dotted line that goes out into the middle of the canal, 65-feet into that canal, that says property line. So therein rose some confusion as to whether our maps were accurate and what was going on. We have done much research over the last two days and we have now come to the conclusion that we don't know why the word "property line" is there but clearly and without a doubt, the land, the water area is owned by the State of Florida. So all of the property owners on the south side of Sunny Isles Beach Boulevard they own to the bulk head line, some of it may be under water, which you can clearly see from the aerial, you see it even better on the larger aerial that I delivered the other day, so those properties go to the bulk head line which is in essence the property line and that would then be an appropriate measure on which to base your FAR, and lets not even really, you know, get into the issue of wetlands and submerged land. Commissioner Iglesias: Just the property owners, correct? Shelley Eichner: The property line. Commissioner Iglesias: I agree. 13 Summary Minules: Regular City Commission Meeting July 8, 2004 City of Sunny Isles Beach, Florida Mayor Edelcup: What ever ownership is presented is what we should use. Shelley Eichner: correct, Mayor Edelcup: If you own it you can count it and if you don't own it you can't. Shelley Eichner: and we are very confident that the dimensions and the property lines that are shown on the maps and the aerials that we distributed are 100% accurate and if you have any other questions regarding it, you know Joe can go into a lot more detail about bulkheads and upland areas and water but we are 100% convinced... Mayor Edelcup: Like I said, in order to make it simple, if you own it we will count it and if you don't own it we don't count it whether it is submerged or wetlands. Shelley Eichner: Right, correct, and that is fine. Commissioner Iglesias: And I believe, Shelley just to add clarification because obviously I raised the issue because I got the maps from the right-of-way, the Department is very convenient when you can just go down and get it, but I think the problem is because with these owners probably have riparian rights which means they can use part of that property, Shelley Eichner: They can use it but they don't own it. Commissioner Iglesias: that is correct, that is what I am saying, every water land is owned by the State of Florida anyway, okay, so the property... terminology you use just give them for whatever property they own. Shelley Eichner: Correct, and we don't know why the word "property line" is there but it certainly created much confusion and work the last couple of days, but that was fine. Mayor Edelcup: That should get us down to the last item... * Commissioner Iglesias said he would like to revise his motion that we approve up to the----! bulk head line, Commissioner Brezin seconded it. Commissioner Thaler said no, he I would like to go through the whole tape himself. Vice Mayor Goodman said he is I } comfortable with it. City Attorney Dannheisser said it Should be propeI!Y line _no~ulk \ /~ head line, and clarified ttrat submerged lands can be calculated for FAR anddensity J i( purposes, and Commissioner Iglesias SaId yes, up to the property line. Mayor Edelcup said that all the other definitions need to reflect this. Commissioner Iglesias moved and Commissioner Brezin seconded a motion to amend Ordinance No. 2004-201, to approve up to the property line. The motion was approved by a roll call vote of 4-0-1 in favor (Commissioner Thaler against). Vote: Commissioner Brezin ~ Commissioner Iglesias yes Commissioner Thaler no Vice Mayor Goodman ~ Mayor Edelcup yes 14 Greenberg Traurig Clifford A. Schulman Tel: 305-579-0613 Fax: 305-961-5613 schulmanc@gtlaw.com December 14, 2006 Via Hand Delivery Mr. John Szerlag City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Re: Appeal of Administrative Decision / Interpretation of Code Provisions Regarding the Calculation of Density and Floor Area and the Requirement of Conditional Use Approval for a Package Liquor Store Dear Mr. Szerlag: On behalf of Publix Supermarkets, Inc., and pursuant to Section 265-22 of the Sunny Isles Beach Code of Ordinances, (the "Code"), I respectfully submit an appeal of the administrative decisions described below. Both of the decisions described below directly impact the proposed redevelopment of the Publix Supermarket site located at 18320 Collins A venue. As you know, my client has submitted for site plan approval a redevelopment plan which includes the construction of a new Publix Supermarket shopping center, a luxury residential condo tower, a marina, and the dedication of a 50 foot wide right of way so as to extend North Bay Road. The submerged lands which abut the property and will be the future site of the proposed marina are owned in fee simple by Publix Supermarkets, Inc., and are an integral part of the development site. On November 30, 2006, I was advised by City Attorney Hans Ottinot, during the course of a phone conversation, that the City would not include the abutting submerged lands as part of the development site for purposes of calculating permitted density and floor area. It appears that Mr. Ottinot's Code interpretation is contrary to the plain reading of the following Code prOVISIons: Density, Net - The number of residential dwelling units divided by the net parcel area. Net Acre or Net Parcel Area - The total area of a development parcel, less rights-of-way and land dedicated or reserved for public parks (excluding private tot lots and private recreation areas.) MIA 17949S691v112/13/2006 Greenberg Traurig, PA I Attorneys at Law 11221 Brickell Avenue 1 Miami. FL 33131 1 Tel 305.579.0500 1 Fax 305.579.0717 1 www.gtlaw.com Development Parcel - A parcel of land and water used for residential or nonresidential structures, accessory structures, utilities, rights-of-way, easements, agriculture, open space, and other public or private uses. (emphasis added) Floor Area Ratio (FAR) - The number calculated by dividing the gross floor area of the building (or buildings) on a lot by the gross area of that lot. Gross Acre or Gross Area - The total area of a parcel including land and water. (emphasis added) The Code's formulas for the determination of both net density and floor area ratio involve terms which explicitly include "water", i.e. submerged lands. To not include submerged lands for the purposes of calculating density and floor area would actually violate the Code. On a separate but related matter, Mr. Ottinot opined that the Code provisions excerpted below would not exempt the package liquor store proposed to be located in the new proposed Publix shopping center from having to apply and receive conditional use approval. Please note that the proposed shopping center will have a total of 50,000 square feet of floor area and 236 parking spaces. Section 98-8. Conditional use approval required. In addition to the regulations contained in this chapter, the conditional use approval requirements set forth in S 265-13 of the Land Development Regulations shall apply to alcoholic beverage establishments which are not able to satisfy the requirements set forth in SS 98-4 and 98-5 ofthis chapter. Section 98-4. Location of establishments. No premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 750 feet from a place of business having an existing, unabandoned, legally established alcoholic beverage use which permits consumption on or offthe premises and from a church or public school. *** Section 98-5. Exceptions from the distance requirements. The restrictions and spacinJ! requirements set forth in .~ 98-4 above shall not applv to: MIA 179498691v1 12/13/2006 Greenberg Traurig. P.A. *** G. Package stores in shopping centers in B-1 and Town Center District. Package stores in shopping centers in a B-1 and Town Center District under one ownership with an improved building area of not less than 41,000 square feet of floor area thereon, and with an improved and developed parking area of not less than 221 vehicles. Only one package store will be permitted in the shopping center. As you can see by the attached copies of my e-mail correspondencewithMr.Ottinot.it is Mr. Ottinot's opinion that ".. .the proposed package store is not a permitted use in the cultural educational overlay zoning district. It falls in the category of conditional uses." However, a close reading of the Cultural and Educational Overlay Zoning District, (the "CED") regulations indicates that "bars, taverns, and lounges" require conditional use approval and that the CED regulations do not regulate package liquor stores which are, instead, regulated by Section 98 of the Code, excerpted above, which would exempt the proposed liquor store from having to obtain conditional use approval. We respectfully submit that Mr. Ottinot's Code interpretations summarized above are not consistent with a plain reading of the Code provisions involved. Accordingly, we respectfully request that you reverse Mr. Ottinot's Code interpretations and confirm the Code interpretations which we proffered in our letter to Mr. Ottinot dated December 12, 2006, (copy attached). Thank you for your attention to this matter. Sincerely, 4 ;!//l'! . . y y ll:r~ L..~~-Je}-u-"o.. -ff" Clifford A. Schulman cc: Rachel Peterkin, Esq. Mr. Denny O'Shea Mr. Jon Auerbach Mr. Jeffrey McDonough MIA 179498691v1 12/13/2006 Greenberg Traurig. PA PUBLIC HEARlNG APPLICATION Hearing # Date Received Folio Number 1. Name of Applicant Publx Supermarket, Inc., a Florida corporation 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 (1) year or more and Owners Swom-to-Consent c. If applicant is a corporation, partnership, limited partnership. or trustee, a separate Disclosure of Interest foDD. must be completed. 3300 Publix Corporate Parkway City State Florida Zip 33811 4. Contact Person Clifford A. Schulman, Greenberg Traurig, P.A. Mailing Address 1221 Brickell Avenue City Miami State Florida Tel. # (during working hours) 305-579-0613 Other Zip 3 3 1 31 305-579-0837 5. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPUCATION 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 (wcIuding 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. Verity the legal description is correct See attached Exhibit "A" attached hereto and incopporated herein. ~-v...~29"''-=-~~~~''~~'''''~~~';;?''''~r.:'~.(':;;>:':'i'~r~~,:,~~:;wa~::;,~~-te::''~'''!!:~~~~~~,:.,:,""2.'';~.=~~., City of Sunny Isles Beach Planning and Zoning Department 6. Address orlocation of subject property: 18320. Collins Avenue 7. Size of property: ft. x ft. acres + / - 1 7 . 1 6 8. Date subject properly acquired ~ or leased 0 Ma y . 1 998 day of term oflease 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". No. 10. Is there an option to purchase - (lr lease the subject property or properly contiguous thereto? Yes or X No If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of Interest form also). 11. Present zoning classification (s): Neiqhborhood Business (B-1) 12. REQUEST (S) COVERED UNDER TInS 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) D Site Plan Approval. o Conditional Use o Variance o Plat Approval o Transfer Development Rights o Vested Rights ~ Appeals o Modification/Deletion of Declaration or Covenant o Other. 13. Has a public hearing been held on this property within the last year and a half? 0 yes tia no If yes, applicants name Date of hearing Nature of hearing r.~~~~~I:';'I.:::;.-.~.t.:.~:;:~;.:rIi;;;::.V-':'...~r':;;:1.~"';~-:-::':~-:'::.i!4-~7.:;!.~~,~:o',!"L;'WM~.:ni:-".~-.:'".~~:'~~...l':O:.'~~'Cl!l\';~\'~"=;i'h!'~-:Z'2".z,~~u:'",~.Jor,.,....""...;:".-'7,. City of Sunny Isles Beach Planning and Zoning Depart.m~~t'-.. .. .. Decision of hearing Resolution # 14. Is this hearing being requested as a result of violation notice? 0 yes ~ no If yes, give name to which violation notice was served Nature of violation 15. Are there any existing strucBfes, on the property? Q:g yes 0 no If yes, briefly describe Pu llX Supermarket 16. Is there any existing use on the property? fXI yes 0 no If yes, what is the use and when was it established? Use sup~rmarket Established 1982 """'c :~~:u;f?l~t'~~h~...:n:::::'I".:J~~=:.~~..::':.c.~;:~~ :~::.t:..:'::.;,_:::;:'.~':'.--:'.:-:-.:: ~:.,,:~-:;.'~;::':~:-::~.::.J:''':;!Z;~~1O:''';.<"''''1'::.:IZ!:,.:e.;;=c.;;,":;.:'':T:..nz:r~:z.m;~2a::~::'~':7,'C;J:,,~~'.::..."'r,' -."P.ir.:;.' tty 0 Sunny Isles Beach Planning and Zoning Department ................................. ......... ~.: .:........:.,;.: .........:. ......':.:. .........:.:..; .-.......:..; :.:........~.. ..............;. "..............o ..........:.~. ..:....':...:.o .......... .: .:..........o .:....................................................... . UMlTED 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 0 owner 0 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. Signature Sworn to and subscribed to before me this day of Notary Public Commission Expires ............... ................................................ -...............................-.. -....................................................................................................................... ATTORNEY AFFIDAVIT 1. Mario Gar ica-Serra , 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 applicati n must be complete and accurate before the application can be submitted and the h . g advertis vl-Lc.-c/ . Signature Notary Public Pia Sworn to and subscribed to befo.k:, this /4 day of /Jt?~ , ~~ ............................................................................................................. :,ii;:.:;;J'.:;..'~;=;'t.::.;:i:.:.:.?',:;~.;-.::::i~;::-f; ::-..;.'.,J.~:::;:.;-:~':;'::.~'<::.'~.c.::::;:::::'~. ;;,-.,-"'::'. ,;::::::-'::";::'.:":;";'.': '::'.:::;,:'- ~- .- "',:',' :~':. ':' >::: .~;';:-=-._:;':.:'~.'~;:::~~ City of Sunny Isles Beach OWNERSHIP AFFIDAVIT FOR CORPORATION STATE OF F I (J{ I~ Public Hearing No. COUNTY OF [/o{fL Before me, the undersigned authority, personally appeared D, ve [Nf\CC,.'l , hereinafter the ~ant (s), who being first duly sworn by me, on oath, deposes and says: I. Affiant is thepraic:lent, vice-president-6f-€OO of the Pt<-.{J{lX. 5c.{p'l-r .~ ~ /11/ t/ f'.o I ~ O.>L- <.fa 1 ~6fat1on, with the following address: lAdLe ~ ~ ;;t..- . S38'oZ- 2. The Corporation owns the property, which is the subject of the proposed hearing. 3. The subject property is legally described as: f'rh,h~1- k 4. Affiant is legally authorized to file this application for public hearing: Signature' \c.\~ Print Name tYl Sworn to and subscribed before me on the~day of Affiant is personally known to me or has produced lCJentification. 5. Affiant understands this affidavit is subject to the penalties of law for peIjury and . the possibility of voiding of any zoning granted at PUbl~. Wltnesses: () W {J/U1Ac----- Signa , Affiant's Signature ,U-&- ~ve~cc"-.,, ( elP Print Name D-e te m b-e ( lo ,200_, f::L~=~;:'::.~.'"-~.~'':'7~':':::'.-::::':;:::~:;~:''::;:':-:-:;:'::'-~~'.:.:::::::-:~''.~':'_ ,::~:n' ~'~ ";]~:. City of Sunny Isles Beach -. . ':,; .- ~,~.-':. ~': ';~'~;,c., -::'L':;: :'.,'~~. '.:,:'~'.'.7 ~":=':::';':\:':,";.::i:~~','::~-:-.-:,-~,~":"'''''....;''.:..-:::!:::c !I.::.:.,:,,:,~:: ::'.::. . :<~_.'. Planning and Zoning Department Public Hearing No: RESPONSmlLITIES 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 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 pennits. 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 oft~e he~ng and ~hat.I will be advised of~9t~er fe s t can be ass ia!ejl with tPi, pubbc heanng apphcatlOn. ~ ('/.. oqs J LtV I X ~ Notary: Sworn to and s}:!bscribed pefore me this /'J ~day of J2rr{>nll'2Ll , a..oo LP "'~~'/ Pv<?( Christy Leahy f~ ~ Commission # 00325033 ~.. \)~ Expires June 1,2008 ~ OF r\-<f Bonded Troy Farn Insurance. lor. e00-385-70U ;".'!:::~'~: :~~~:-.~' ::~.~ '.' : '~'.~ ';.:.. .. .-",;. '":::.:.:;_. _.~-::. : ::~:,i:~;.."';:' ;'~~".C.':'::.:\.-.'::'...:T"\;:"''::;;'::''''':''::':I:;'~.~.--':': ,,-~:~';..'._'.-:-.:~.:::..~ :::::~. '-..l...:.:'''~~~':,:;: :.,.~__"'-.::. . ~;,:';;~.~i.~.7,:':.:.:1.T:~~~,:::::~..?':'-~ ::..~...:..:::.l::;'!.:...:~~.7f.'::!:'.~. City of Sunny Isles Beach Planning and Zoning Department DISCLOSURE OF INTEREST If the property which is the subject of the application is owned or leased by a CORPORA TION, 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). Publix super~rke~Inc. J Corporation Name Name. Address and Office Percentage of Stock See Exhibit "B" I 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 eficiary (s) consist of corporation (s), another trust (s), partnership (s) or other similar tities, further disclosure shall be required which disclosures the identity of the individ I (s), (natural persons) having the ultimate ownership interest in the aforementioned enti Trust Name Percentage of Interest Name and Address City of Sunny Isles Beach Planning and Zoning Department If the property, which is the subject of the application, is owned or lease by a PARNERTSHIP or LIMITED PARTNERSHIP, list the principals of the partnership, including general and limited partners. {Note; where the other similar entities, further disclosures shall be required which disclosures the identity of the individual (5) (natural person) having the ultimate ownership interest in the aforementioned entity}. RSHIP OR LIMITED PARTNERSHIP NAME PERCENT AGE OF OWNERSIllP 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 . closes the identity of the individual (s) (natural persons) having the ultimate ownership erest in the aforementioned entity}. NAME Percentage of Interest NAME. ADDRESS AND OFFICE (if a Date of Contract: tB":':'71r.;:,;,~'''-~'.~:,,=,=..::;'~r:,,''.,.,,::-,,::''';;:::il:~::'':1j.,;-=''..~.lO-:'~:'':;:::-''. City of Sunny Isles Beach Planning and Zoning Department If any conti ency clause or contract terms involve additional parties, list all individuals or officers, if a fPOration, partnership or trust. 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. X Signature: (Applicant)Yo..J e ~u v\ ~ C. Y' I 1I f !l~aA4U~ ~ Sworn to and subscribed before me, This 13th day of.J)eC Qnl P-zJ ,200 lo (Seal) o<..,.f',Y PU<9<.... Christy Leahy : ~ c; Commission # DD325033 ~, \) # Expires June 1, 2008 ~ OF !'\.~ Bonded Troy Fain In."rance.lnc. 800-3Il5.701. Notary Public, State My Commission Expires: lo--j-O'6 * Disclosure shall not be required of any entity; the equity interest is which are regularly traded on an established securities market in 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. i~.";::'.:.7.c"Z:~:~:~~!:':S::.:...--:::r~=,:,"=,:-:,:,~=:,:::::",=~::'l.-::;r....".!:":Z::._~:-:-:. :.:.:'=~':,~:- ':'~':_: :"'~ .:,.::.-.:.';.::....'.::-: ::::~i~'.': .~=..~:,:.O:..-=~ :..:~::::::::::;:!:~:..~-',::...:...::-:::::...~~O::;;:~:l:..::..7~c.:;.."::;_?';;;.':~~~.:..."2.::.::-'::".,~~ ".r~: :::::.: ':' ;".' :~:, City of Sunny Isles Beach Planning and Zoning Department LEGAL DESCRIPTION: (PROVIDED - O.R. BOOK 12623, PAGE 751) PARCEL 1: Legal Description of a port of the South 300.00 feet of Tract "N" AMENDED PLAT OF NORTH BISCA YNE BEACH, as recorded in Plot Book 44, at Page 42, of the Public Records of Qade County, Florida, des~rjbed by metes and bounds os follows: Commence at the Southeasterly corner of said Tract "N" ana run N. 90 degrees W. along an assumed bearing along the Southerly line of Tract "N" along the Noutherly Right-=-of-way line of North 183rd Street 0 distance of 125.00 feet to the Point of Beginning (POB) of Parcel 1; thence continue olong the last men"""" tioned course a distance of 342.17 feet; thence run N. 0 degree E. a distance of 300.00 feet to the Northerly line of the South 300.00 feet of Tract ION"; thence run N. 90 degrees E. along said Northerly line a distance of 499.26 feet to the Easterly line of Tract "N", also being the Westerly Right-of-way line of Collins Avenue (State Road A-1-A) thence run S. 6 degrees 06'20" W. along said Easterly line af Troq ..'~N" and the Westerly Right~6f~way line of Coltins Avenue a distance.of 126.711 feet; thence run N. 90 degrees W.o .dis- tance of 125.00 feet; thence run S. 63 degrees 06' 20" W.(Oeed),. S. 6.06'20" W. (field), 0 distance of 175 feet to the Point of Beginning (POB). PARCEL 2: Legal Description of 0 part of Tract "N",. AMENDED PLAT OF ,NORTH B/SCA YNE BEACH, as recorded in Plat Book 44, at Page 42, of the Public Records of Dade County, Florida, more particuLarly described by metes and bounds as follows: Commence at the Southeasterly corner of said Tract "N" and run N. 90 degree W. along an assumed bearing along the Southerly line of Tract "N" along the Northerly line of North 183rd Street 467.17 feet to the Point of Beginning (POB) of Parcel No.2; thence continue along the lost mentioned .course 129.82 feet to the Easterly shore of North Biscayne Bay; thence run N. 8 degrees. 30' E. along the Easterly shore of North Biscoyne Bay along the water face of 0 concrete bulkheod 303.33 feet to the Northerly line of the South 30():,OO feet of Tract ."N"; thence run N. 90 degrees E. along said Northerly line 84.99. feet: thence run S.' o degrees E. 300.pO feet to the Point of Beginning (POB). CERTIFICA TION: EXHIBIT "A" I hereby certify that this drawing .correctly reflects the resul survey mode under my direction and th is. survey was mode with minimum technical standards adopted by the Florida Professional Regu!ation, Board of Surveyors and Mappers of the Florida Administrative Code. DA TE OF SURVEY: July 18, 1997 ~ OR ~K 24977 PG 1721 LAST PAGE Exhibit "A" Legal Description Beginning at an Iron Pipe set in the Center Line of Collins A venue on the North Line of Gulf Stream Park, a subdivision recorded in Pial Book 35 at Page 5 I of the Public Records of Miami - Dade County, Florida. thence, due West along the North line of said Gulf Stream Park subdivision for a distance of 840 feet to a point and the point of beginning of the tract of land herein described; thence, North 8 degrees 3D' East for a distance of 455 feet to a point; thence, Nortl1 81 degrees 30' W~st, for a distance of 10 feet to the beginning of a curve; thence, Northerly and Westerly along a curve having a radius of 290 feet through a central angle of 88 degrees for an arc distance of 445.51 feet to the end of said curve, the tangent of said curve being at right angles 10 the last aforesaid course; thence, North 10 degrees 3D' East, at right angles to the tangent of the last aforesaid curve anti along the Radial line of said curve for a distance of 10 feet to a point of reverse curve; thence, Westerly and Northerly along a curve having a radius of 650 feet through a central angle of 56 degrees 15' for an arc distance of 63 8.14 feet to the end of said curve; thence, due South for a distance of], 171.85 fe!:t to a point on the prolongation Westerly of the North line of the aforesaid Gulf Stream Park; thence, due East along the prolongation Westerly of tile North line of the aforesaid Gulf Stream Park for a distance of 653 .54 feet, mOre or less, and lying and being in lJumfollndling Bay, Dade County, floridu. ~ . . Vice President CEO Stock % William E. Crenshaw 0.33 Charles H. Jenkins, Jr. 0.91 John A. Attaway, Jr. 0.00 David P. Phillips 0.03 Howard M. Jenkins 3.76 Carol Jenkins Barnett 5.74 Hoyt R. Barnett 0.72 Tina P. Johnson 0.03 Robert S. Charlton 0.00 Randall T. Jones 0.00 John R. Frazier 0.01 Sharon A. Miller 0.02 Director of Tax and Treasury Kelly Underhill 0.00 Secretary Treasurer Oirector(s) Stockholder(s) Advisor to the CEO ~~~p~~~ember(s) Senior VP ~~Ci~~f~~d Assistant Secreta Bar Manager (Fraternal Organizations of . National Scope only) 2. Are there any persons not listed above who have guaranteed or co~signed a lease or loan, or any person or entity who has loaned money to the business that is not a traditiona/lending institution? DYes f] No . If yes, you must list the person(s) or entity and indicate which of the below applies. Name Guarantor Co-signer Lender Interest Rate List o o o o o o o o o o o o ~ EXHIBIT "B"