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HomeMy WebLinkAboutResolution Zoning 12-Z-131 RESOLUTION NO. 12-Z- k 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION SUBMITTED BY CHABAD LUBAVITCH RUSSIAN CENTER OF SOUTH FLORIDA, INC. (THE "APPLICANT"), (Z2012-13) PURSUANT TO SECTIONS 265-15 AND 265-18 OF THE LAND DEVELOPMENT REGULATIONS OF THE SUNNY ISLES BEACH ("LDRS"), TO PERMIT THE DEVELOPMENT OF A FIVE STORY MULTI-USE JEWISH COMMUNITY CENTER CONTAINING A TOTAL OF 42,499 SQUARE FEET ON THE PROPERTY LOCATED AT 488 SUNNY ISLES BEACH BOULEVARD, SUBJECT TO CONDITIONS; AND PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, Chabad Lubavitch Russian Center of South Florida, Inc., (the "Applicant") submitted a zoning application (Z2012-13) to the City of Sunny Isles Beach, FL, requesting the following: 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for a multi-use community center which contains a total of 42,499 square feet. 2. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a parking variance and a shared parking agreement pursuant to Section 265-46 of the City of Sunny Isles Beach Land Development Regulations. LEGAL: Lots 23 and Island No. 23, of Second Revised Plat of Bella Vista Subdivision, according to the Plat thereof, as recorded in Plat Book 50, at Page 76, of the Public Records of Miami-Dade County, Florida, less that portion of Lot 23, being more particularly described as follows: Begin at the Northeast corner of said Lot 23; thence run South 13 degrees 13 minutes 35 seconds West along the Easterly line of said Lot 23 a distance of 8.23 feet to a point of intersection with a circular curve concave to the Northeast, having a radius of 118.50 feet and a tangent bearing of North 52 degrees 42 minutes and 42 seconds West; thence run Northwesterly along said circular curve through a central angle of 07 degrees 17 minutes 51 seconds for and arc distance of 15.09 feet; thence South 82 degrees 00 minutes 25 seconds East along the North line of said Lot 23 a distance of 13.40 feet to the Point of Beginning. 488 Sunny Isles Blvd. Page 1 of 7 ADDRESS: 488 Sunny Isles Boulevard, Sunny Isles Beach, Florida WHEREAS, On September 20, 2012, the City Commission conducted a public hearing on the Application; and WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter were heard, and due and proper consideration was given to the matter and to the positive recommendation contained in the City's Community Development Department Review Report; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, the City Commission reviewed the Application, the written and oral recommendations of the Community Development Department and all outside consultants who render reports with respect to the Application, including the recommendation conditions, and found substantial competent evidence to support a showing by the Applicant that the request for site plan approval and parking variance and parking agreement for off-site parking spaces, subject to all of the conditions set forth in this Resolution, are 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 regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS SUCCESSORS OR ASSIGNS,AS FOLLOWS: IL INCORPORATION OF RECITALS. All recitals are incorporated into the body of this Resolution as if same were fully set forth herein. III. APPROVALS. 1. The Applicant's request for approval of the site plan submitted for the Project known as "Sunny Isles Beach Jewish Community Center" is hereby granted and said site plan is hereby approved subject to all conditions set forth in Section IV below. The failure of performance of any of these conditions shall be deemed a denial of this Application. 2. The Applicant's request for a parking variance for 50 parking spaces and a shared parking agreement for 26 public parking spaces at a price of$2,200.00 (two thousand two hundred dollars) per parking space is hereby granted. 488 Sunny Isles Blvd. Page 2 of 7 IV. CONDITIONS. CONDITIONS TO BE COMPLETED BEFORE DEMOLITION, BELOW GRADE OR BUILDING PERMITS ARE ISSUED. 1. That the project shall be developed substantially in accordance with the plans submitted for public hearing on September 20, 2012, and which are on file with the City Clerk's Office, entitled "Sunny Isles Beach Jewish Community Center", prepared by Schapiro Associates consisting of 15 sheets dated 09.10.2012 including sheet A2-A; the survey entitled "Boundary and Topographic Survey" prepared by Fortin, Leavy, Skiles, Inc., consisting of 1 sheet dated of June 21, 2012; the Civil Plan prepared by Holland Engineering, Inc. consisting of 3 sheets signed and sealed 09.6.2012, and the Landscaping Plan prepared by Rhett Roy Landscape Architecture- Planning, P.A. consisting of 3 sheets signed and sealed on 9.5.2012. 2. If applicable, a Miami-Dade County tree removal permit must be secured and attached to the landscape permit application prior to demolition. 3. That the Applicant provides the Lighting/Photometric Plan prior to building permit. 4. That the Applicant provides the Signage and Pavement Marking Plan prior to building permit. 5. That the Applicant shall enter into an off-site parking agreement with the City for the use of 26 public parking spaces at a fee of $2,200.00 per space in public facilities located on Sunny Isles Boulevard. The City shall permit the Applicant the use of the 26 public parking spaces for a fee of $57,200.00. The aforementioned fee shall be paid upon the issuance of a building permit. 6. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Community Development Department 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. 7. That a plot plan be submitted to the Community Development Department for their review. The plot plan shall include all easements proffered by the Applicant to the City, including but not limited to (i) a minimum of seven-foot (7') Bay-Walk easement. The plot plan shall show the type and size of plant materials, lighting, and outdoor furniture which shall be in compliance with the Miami-Dade County Shoreline Committee. 8. That the Applicant submit a Declaration of Restrictions in recordable form acceptable to the Community Development Department and acceptable to the City Attorney prior to submittal for an application for building permit, which proffers: the Bay-walk 488 Sunny Isles Blvd. Page 3 of 7 Easement; a minimum of seven-feet (7') public Bay-Walk easement along the south edge of the project and clear from any obstruction. The Applicant shall design the Bay-Walk to ensure that the Bay-Walk easement connects with adjacent pedestrian Bay-walks located on the east and west sides of the Applicant's property. The maintenance of the easement shall be the responsibility of the Applicant. No gates or any structure shall be placed on the Bay-Walk. The Bay-Walk shall not be restricted in any way by the Applicant. 9. That the Applicant shall not use the adjacent property owned by the City for any purpose. 10. That in the event of multiple ownership, a homeowner's association be established in accordance with applicable regulations to assure that all common areas and facilities for the residents, as well as all easements dedicated to the City, shall be maintained in continuous and satisfactory manner and without expense to the general taxpayers of the City of Sunny Isles Beach. 11. That the Applicant complies with all conditions and permit requirements, including but not limited to Miami-Dade County, including environmental conditions and permitting, Shoreline Development Review Committee, the Fire and Water and Sewer Departments, Florida Department of Environmental Protection (DEP) and Florida Department of Transportation(FDOT). 12.No building permits shall be issued (except for demolition and sales trailers) unless the Applicant has submitted all documents referred to under this approval and shall have paid all impact fees, bonuses, and Transfer of Development Rights (if applicable), professional fees (as per Section 267-5 and such other applicable Land Development Regulations) due to the City. 13. The Applicant shall pay all fees related to the review of the application described herein and shall have paid all other fees due to the City. Conditions to be completed before any Certificate of Occupancy is issued. 14. Pavers along Sunny Isles Boulevard must be consistent with the City Streetscape Master Plan, or existing pavers located on Sunny Isles Boulevard. 15. Pavers along public bay-walk must be consistent with the paver materials selected the bay-walks on neighboring properties or approved by the City. 16. That the Applicant shall underground all utility lines in accordance with Section 250- 12 of the City Code. 17. Under Section 267-4, 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 488 Sunny Isles Blvd. Page 4 of 7 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 charged by such consultants or hourly rates of employed professionals and shall be paid within 30 days on submission of City voucher. 18. At the time of submission of any application or thereafter, it is required that an escrow account be established, from which withdrawals shall be made to reimburse the City for the cost of professional review services, if any. The Applicant shall then provide funds to the City for deposit into such account in an amount to be determined by the City Manager, based on his/her evaluation of the nature and complexity of the application. The Applicant shall be provided with copies of any City voucher for such services as they are submitted to the City. When the balance in such escrow is reduced to one-third (1/3) of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within thirty-days (30) after the applicant is notified, in writing, of the requirements for such additional deposit, the City may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit or Certificate of Use and Certificate of Occupancy shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to the Applicant any funds remaining on deposit. 19. That the Applicant shall furnish payment and performance bond in an amount determined by the Building Official to ensure Applicant's performance of public improvements required pursuant to site plan approval and in accordance with recommendations of the Building Official after review of construction plans submitted based on development approval granted herein. Any such bond shall be issued by a surety having a minimum rating of A-1 in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the City, and shall provide that "this bond may not be cancelled or allowed to lapse until 30 days after receipt by the City, by certified mail, return receipt requested, of written notice from the issuer of the bond of intent to cancel or not to renew". As improvements are made the City, within its discretion, may reduce or eliminate the bond amount. These rights reserved by the City with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the City may have under this Resolution, in law or in equity. Other Conditions: 20. 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 of the conditions. 488 Sunny Isles Blvd. Page 5 of 7 21. That the approved site plan shall remain valid for a period of 24-months from the date of approval. If no building permit is issued within the 24-month time period, the site plan shall be considered null and void and of no force and effect. 22. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMPACT FEES, BONUSES, AND TRANSFER OF DEVELOPMENT RIGHTS TO THE CITY (IF APPLICABLE) OR OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREIN ABOVE HAVE BEEN TRANSFERRED PROFESSIONAL FEES SECTION 267 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. V. AUTHORIZATION OF CITY MANAGER AND CITY ATTORNEY. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. VI. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Resolution. VII.REPEALER. All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed. VIII.EFFECTIVE DATE. This Resolution shall become effective upon adoption. 488 Sunny Isles Blvd. Page 6 of 7 PASSED AND ADOPTED this 20 day of September, 2012. 1� , No an S. Edelcup, M- A ` :ST Agf/lllli�� Jane • . Hines, CI Clerk APPROVED AS TO FORM AND • y i • CIENCY: A lid H 'Ottin" rty A orney Moved by:ettilft11 CS'or f- Se o14. Seconded by: COM m Sct owl E12 c 11TO Vote: Mayor Edelcup (Yes) "(No) Vice Mayor Thaler ✓(Yes) (No) Commissioner Aelion ✓ (Yes) (No) Commissioner Gatto /(Yes) (No) Commissioner Scholl -(Yes) (No) 488 Sunny Isles Blvd. Page 7 of 7 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. 12-Z-131 adopted by the City Commission at its meeting held on the 20`h day of September 2012. Issued this day of September, 2012. 1 i;MEW Jane A. Hines, C , City, le 488 Sunny Isles Blvd. Page 9 of 9 Preview Page 1 of 2 S�_"- -F City of Sunny Isles Beach o%. �fo, w 18070 Collins Avenue = Sunny Isles Beach,Florida 33160 a • yP'0\-'^,-P *F. O.-� yvt (305)947-0606 City Hall l °'r p °° , osue+ ti (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Fred Maas,Acting City Manager DATE: 9/20/2012 RE: Sunny Isles Beach Jewish Community Center 488 Sunny Isles Boulevard Appl.No. Z2012-13 RECOMMENDATION: The application is generally consistent with the City's Comprehensive Plan and the City's Land Development Regulations. Staff finds the parking variance may be justified due to the nature of the uses with the project provided that the Applicant enters into an off-site parking agreement with the City for use of public parking spaces. However, staff considers that the bay-walk easement area should be clear of any physical impediments. Besides, City Staff has no objection to the Applicant's requests. REASONS: The Applicant is applying for site plan review for a proposed development consisting of a five story multi-use community center. The community center consists of a main worship area, a Montessori pre-school, a social hall, and a private restaurant. The Applicant is requesting a parking variance and a parking agreement for off-site parking spaces. The Applicant has submitted two designs: (1) option 1 design proposes to improve a portion of Bella Vista Park with landscaped terraces and access stairs to the project(Sheet A2); (2) option 2 design does not use area in Bella Vista Park(Sheet A2-A). ATTACHMENTS: • Zoning Hearing Notice • Development Report Review http://sibagenda.sibfl.net/agendalPreview.aspx?ItemID=869&MeetingID=O&MeetingDate... 9/14/2012 Preview Page 2 of 2 Letter of Intent • Application • Notice of Public Hearing Miami Herald http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=869&MeetingID=O&MeetingDate... 9/14/2012 •, CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the David P. Samson Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on Thursday, September 20 at 6:30 p.m.,to consider the following Zoning application: Application: Sunny Isles Beach Jewish Community Center Location: 488 Sunny Isles Boulevard Public Hearing#: Z2012-13 Summary: The Applicant is requesting approval for a site plan for the property located at 488 Sunny Isles Boulevard. The Applicant is proposing a Community Center consisting of a five story multi-use building. The community center consists of a main worship area, a Montessori pre-school, a social hall,and a private restaurant. Requests: 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for a multi-use community center which contained a total of 42,499 square feet. 2. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a parking variance or a shared parking agreement pursuant to Section 265-46 of the City of Sunny Isles Beach Land Development Regulations. The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Sunny Isles Beach Jewish Community Center" prepared by Schapiro Associates consisting of 14 sheets dated 08.29.2012; the survey entitled "Boundary and Topographic Survey"prepared by Fortin, Leavy, Skiles, Inc., consisting of 1 sheet dated of June 21, 2012; the Civil Plan prepared by Holland Engineering, Inc. consisting of 3 sheets dated 08.06.2012, and the Landscaping Plan prepared by Rhett Roy Landscape Architecture-Planning, P.A. consisting of 3 sheets dated 8.01.2012. Legal: Lots 23 and Island No. 23, of Second Revised Plat of Bella Vista Subdivision, according to the Plat thereof, as recorded in Plat Book 50, at Page 76, of the Public Records of Miami-Dade County, Florida, less that portion of Lot 23, being more particularly described as follows: Begin at the Northeast corner of said Lot 23; thence run South 13 degrees 13 minutes 35 seconds West along the Easterly line of said Lot 23 a distance of 8.23 feet to a point of intersection with a circular curve concave to the Northeast, having a radius of 118.50 feet and a tangent bearing of North 52 degrees 42 minutes and 42 seconds West; thence run Northwesterly along said circular curve through a central angle of 07 degrees 17 minutes 51 seconds for and arc distance of 15.09 feet; thence South 82 degrees 00 minutes 25 seconds East along the North line of said Lot 23 a distance of 13.40 feet to the Point of Beginning. Size of Property: 0.503 Acres (21,905 sq. ft.) Zone: Town Center District(TCD) 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 Hall. 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 Clerk at (305) 792-1703. 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 TDD line at 305-792-1590 for assistance. Created:8/28/12 CH Revised:8/29/2012 ADD Revised:8/31/2012 HO Revised:9/5/2012 CH/AAD Revised:9/11/2012 CH/ADD Revised:9/12/2012 HO ASV P1NYiszf J * 4Sp- • FLOP S C'TY OF SUN PLO CITY OF SUNNY ISLES BEACH DEVELOPMENT REVIEW REPORT SUNNY ISLES BEACH JEWISH COMMUNITY CENTER I. PROJECT SUMMARY Application Number: Z2012-13 Application Summary: The Applicant is applying for site plan review for a proposed development consisting of a five story multi-use community center. The community center consists of a main worship area, a Montessori pre-school, a social hall, and a private restaurant. The Applicant is requesting a parking variance and a parking agreement for off-site parking spaces. The Applicant has submitted two designs: (1) option 1 design proposes to improve a portion of Bella Vista Park with landscaped terraces and access stairs to the project (Sheet A2); (2) option 2 design does not use area in Bella Vista Park (Sheet A2-A). Applicant/Owner: Chabad Lubavitch Russian Center of South Florida, Inc. 403 Poinciana Drive Sunny Isles Beach, Fl 33160 II. SITE INFORMATION Land Area: 0.503 Acres (21,905 sq. ft.) (Survey updated June 21, 2012) Location: 488 Sunny Isles Boulevard Folio: 31-2214-007-0240 1 U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\20I2 APPLICATION\Z2012-13 SIB JEWISH COMMUNITY CENTER Created:8/28/12 CH Revised:8/29/2012 ADD Revised:8/31/2012 HO Revised:9/5/2012 CH/AAD Revised:9/11/2012 CH/ADD Revised:9/12/2012 HO Legal Description: Lots 23 and Island No. 23, of Second Revised Plat of Bella Vista Subdivision, according to the Plat thereof, as recorded in Plat Book 50, at Page 76, of the Public Records of Miami-Dade County, Florida, less that portion of Lot 23, being more particularly described as follows: Begin at the Northeast corner of said Lot 23; thence run South 13 degrees 13 minutes 35 seconds West along the Easterly line of said Lot 23 a distance of 8.23 feet to a point of intersection with a circular curve concave to the Northeast, having a radius of 118.50 feet and a tangent bearing of North 52 degrees 42 minutes and 42 seconds West; thence run Northwesterly along said circular curve through a central angle of 07 degrees 17 minutes 51 seconds for and arc distance of 15.09 feet; thence South 82 degrees 00 minutes 25 seconds East along the North line of said Lot 23 a distance of 13.40 feet to the Point of Beginning. Land Use: Town Center This category is intended to be a moderate to high intensity design- unified area which will contain a concentration of different urban functions integrated both horizontally and vertically. Zoning: Town Center District The purpose of the Town Center District (TCD) is to provide for the use and development of properties within the area designated in the Sunny Isles Beach Comprehensive Plan as the Town Center in a manner consistent with the Community Vision Statement and the policies and objectives of the Future Land Use Element of the Comprehensive Plan. Adjacent Properties: Existing Use Zoning Land Use Plan North Vacant Land and Sunny TCD ROS and CF Isles Blvd. Bridge East Marina TCD TC South Intracoastal Water --- --- West City Park TCD TC Ill. REQUEST 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for a multi-use community 2 U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-13 SIB JEWISH COMMUNITY CENTER Created:8/28/12 CH Revised:8/29/2012 ADD Revised:8/31/2012 HO Revised:9/5/2012 CH/AAD Revised:9/11/2012 CH/ADD Revised:9/12/2012 HO center which contains a total of 42,499 square feet. 2. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a parking variance or a shared parking agreement pursuant to Section 265-46 of the City of Sunny Isles Beach Land Development Regulations. IV. ZONING REVIEW The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Sunny Isles Beach Jewish Community Center", prepared by Schapiro Associates consisting of 15 sheets dated 09.10.2012; the survey entitled "Boundary and Topographic Survey" prepared by Fortin, Leavy, Skiles, Inc., consisting of 1 sheet dated of June 21, 2012; the Civil Plan prepared by Holland Engineering, Inc. consisting of 3 sheets signed and sealed 09.6.2012, and the Landscaping Plan prepared by Rhett Roy Landscape Architecture-Planning, P.A. consisting of 3 sheets signed and sealed on 9.5.2012. 1. 265-37.F (1) Floor Area Ratio: Complies. Maximum floor area ratio (265-37.F(1)(a)) Summary Chart E: Permitted: Base 1 .5 (32,857 square feet). Provided: 1.42 (31,175 square feet) 2. 265-37.F(5) Lot Coverage : Complies. Allowed: 90% Maximum - (19,715 sq ft) Provided: 52% - (11,324 sq ft) 3. 265-37.F(6)(a)[1]:Setbacks and Summary Chart B Required Provided Front (North) Pedestal 15 feet 17 feet 1 inches Complies. Tower 25 feet Does not apply. Rear (South) Pedestal 0 feet 72 feet 0 inches Complies. Tower 10 feet Does not apply. Side (East) Pedestal 0 feet 10 feet 1 inches. Complies. Tower 25 feet Does not apply. 3 U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-13 SIB JEWISH COMMUNITY CENTER Created:8/28/12 CH Revised:8/29/2012 ADD Revised:8/31/2012 HO Revised:9/5/2012 CH/AAD Revised:9/11/2012 CH/ADD Revised:9/12/2012 HO Side (West) Pedestal 0 feet 0 feet 0 inches. Complies. Tower 25 feet Does not apply. (*) Variance requested. 4. 265-37.F (7) Minimum lot size: Complies. Allowed: 10,000 square feet Provided: 21,905 square feet. 5. 265-37. F (8) Minimum lot width: Complies. Allowed: 100 feet (Chart E) Provided: 112 feet 6. 265-37.F (9)(a)[1] Maximum height: Complies. Required: 290 feet with average being 200 feet Provided: 110 feet 7. 265-37.F (10) Landscaping open space: Complies. Allowed: Minimum 10% (2,190 square feet) Provided: 34.4% (5,769 square feet) 8. 265-37. F(11) Tower separation and tower width: Complies. Required: Minimum 50 feet tower separation and maximum 200 feet tower width. Provided: Tower separation = N/A Tower width = 87'-0" feet 9. 265-46 Parking: Required Provided Comments Regular (Place of Does not comply. (*) Worship) 1 per 4 seats=98 22 (Classrooms) 1 per 400 GFA=11 0 Section 265-45. Shared (Social Hall) 1 per 100 GFA=68 0 parking. Minimum parking (Restaurant) 1 per 150 GFA + requirement = 98 spaces. 0.5 per 200 GFA 0 of outdoor seating 26 parking spaces to be above 200 provided off-site through GFA=20 agreement. Standard Total 197 Shared Total 98 Requested variance for 50 required parking spaces. Handicap 4 Designated 1 Designated Does not comply. 4 U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-13 SIB JEWISH COMMUNITY CENTER Created:8/28/12 CH Revised:8/29/2012 ADD Revised:8/31/2012 HO Revised:9/5/2012 CH/AAD Revised:9/11/2012 CH/ADD Revised:9/12/2012 HO TOTAL 98 22 Does not comply. Loading 1 (10' x 25') 1 (12' x 30') Complies. (*) Variance required 10.265-56(A) Signage: Complies Monument: 75 square feet Wall Signs: (2) — 62.50 square feet & 31 square feet Public Baywalk: To be determined at building permitting. 11.265-74 Lighting: To be submitted on building permitting. Required: Spillover shall not exceed 0.5 footcandles measured vertically along the property line at the perimeter of the property. Provided: To be submitted. V. PLANNING REVIEW: 1. Comprehensive Plan The proposed development is generally consistent with the following policy of the City of Sunny Isles Beach Comprehensive Plan. Future Land Use Element Policy 158. Town Center. The Town Center is intended to be a moderate to high intensity design-unified area which will contain a concentration of different urban functions integrated both horizontally and vertically. This development proposal seeks to develop and redevelop obsolete parcels. Community Design Element Goal: To Foster and promote well designed public and private environments that are harmonious, contribute to an identifiable community identity and preserve the unique aesthetic assets of Sunny Isles Beach's setting and natural environments. Policy 1E. Adopt standards for the design of continuous lineal public access pathways and greenways linking multiple private and public properties, particularly, where appropriate, along shorelines and interconnecting neighborhoods. This development furthers the intent of this policy. 2. Traffic Engineering 5 U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-13 SIB JEWISH COMMUNITY CENTER Created:8/28/12 CH Revised:8/29/2012 ADD Revised:8/31/2012 HO Revised:9/5/2012 CH/AAD Revised:9/11/2012 CH/ADD Revised:9/12/2012 HO Traffic Impact Study: The traffic and parking statement by Kimley-Horn and Associates, Inc. dated August 30, 2012 specifies the proposed uses as, a worship space, a pre-school, a social hall, and a private restaurant will not be in use at the same time, therefore, the highest demand use will be the worship requiring 98 parking spaces. The statement also notes that the proposed project will be serving a congregation which does not permit driving in the day of the Sabbath. The proposed site will accommodate 22 parking spaces, leaving 76 parking spaces to be accounted for in an off-site parking location. VI. FINAL ANALYSIS Based on the above review, the application is generally consistent with the City's Comprehensive Plan and the City's Land Development Regulations. Staff finds the parking variance may be justified due to the nature of the uses with the project provided that the Applicant enters into an off-site parking agreement with the City for use of public parking spaces. However, staff considers that the bay-walk easement area should be clear of any physical impediments. Besides, City Staff has no objection to the Applicant's requests. Pursuant to Section 265-15 Variances. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Applicant: The use of the proposed project as a place of worship for the Orthodox Jewish congregation is unique because followers of the Orthodox Jewish faith typically do not drive themselves to religious services on the Sabbath due to prescriptions of Jewish law. This result in a parking "demand" for Orthodox Jewish facilities that is much lower that a non-Jewish religious facility. The Rabbi of the congregation estimates that only approximately 40% of the congregation drives themselves to worship services in the Sabbath. The use of the proposed project is unique and is not applicable to other structures in the same zoning district. Further, the property is located at the far western end of Bella Vista Island, relatively isolated from the rest of the City, and the property is very small — 0.4 acres of dry uplands — therefore the ability to provide parking on-site is limited. (2) The special conditions and circumstances do not result from the actions of the petitioner; 6 U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-13 SIB JEWISH COMMUNITY CENTER Created:8/28/12 CH Revised:8/29/2012 ADD Revised:8/31/2012 HO Revised:9/5/2012 CH/AAD Revised:9/11/2012 CH/ADD Revised:9/12/2012 HO Applicant: The special conditions of Orthodox Jewish law prohibited driving on the Sabbath do not result from the actions of the petitioner. Also, the property's isolated location and small size do not result from the actions of the petitioner. (3) Literal interpretation of the provisions of these LDRs deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and works unnecessary and undue hardship on the applicant; Applicant: The interpretation and application of the standard off-street parking requirements to the Applicant's proposed use would result in an undue hardship on the Applicant. The Applicant's use is unique in comparison to other religious facilities because Orthodox Jewish law prohibits congregants from driving themselves to worship services on the Sabbath, resulting in a parking demand for the proposed project that is much less than an "average"religious facilities. (4) The alleged hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDRs. Applicant: The alleged hardship is not economic. In fact, as stated above, the Applicant is proposing to pay the City mitigation for 26 off-site parking spaces, which when combined with the on-site parking, will satisfy the proposed project's expected parking demand. Also, the proposed project and the proposed building are otherwise consistent with the LDRs. (5) Granting of the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings or structures in the same zoning district; Applicant: Other owner of land and/or structures in the same zoning district do not have similar, unique use and parking demand characteristics regarding their land uses and/or property because they are not used as an Orthodox Jewish religious facility. (6) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building or structure; Applicant: The Applicant has maximized the number of parking spaces that can be provided on-site and is utilizing the adjacent off-site parking spaces to satisfy what is expected to be the "real" parking demand for the proposed project. Therefore, the variance requested is the minimum variance needed. (7) The grant of the variance is in harmony with the general intent and purpose of these LDRs, is not injurious to the neighborhood or otherwise detrimental to the public 7 U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z20I2-13 SIB JEWISH COMMUNITY CENTER Created:8/28/12 CH Revised:8/29/2012 ADD Revised:8/31/2012 HO Revised:9/5/2012 CH/AAD Revised:9/11/2012 CH/ADD Revised:9/12/2012 HO safety and welfare and will not substantially diminish or impair property values within the vicinity. Applicant: Also, in addition to the 26 existing public parking spaces that are located immediately adjacent to the property, the City is in discussions with FDOT regarding the potential construction of additional public parking under the eastbound lanes of the Sunny Isles bridge. Approximately 40 spaces could be built in this location. Furthermore, the City is currently constructing a 314-space public garage that is located approximately 1,200 feet to the east of the property. Therefore, in the near futire there will be approximately 400 public parking spaces within a 5-minute walk of the property. This large inventory of nearby public parking spaces will serve as overflow parking for special events at the property and will ensure that overflow parking does not detrimentally impact neighboring properties. VII. CONDITIONS If the City approves this application, the application will be subject to the following conditions set forth in Section VII. Conditions to be completed before demolition, below grade or building permits are issued. 1. If applicable, a Miami-Dade County tree removal permit must be secured and attached to the landscape permit application prior to demolition. 2. That the Applicant provides the Lighting/Photometric Plan prior to building permit. 3. That the Applicant provides the Signage and Pavement Marking Plan prior to building permit. 4. That The Applicant agrees to enter into an off-side parking agreement with the City to purchase a minimum of 24 public parking spaces for use by the Applicant. 5. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Community Development Department 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. 6. That a plot plan be submitted to the Community Development Department for their review. The plot plan shall include all easements proffered by the Applicant to the City, 8 U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS k2012 APPLICATION\Z2012-13 SIB JEWISH COMMUNITY CENTER Created:8/28/12 CH Revised:8/29/2012 ADD Revised:8/31/2012 HO Revised:9/5/2012 CH/AAD Revised:9/11/2012 CH/ADD Revised:9/12/2012 HO including but not limited to (i) a minimum of seven-foot (7') Bay-Walk easement. The plot plan shall show the type and size of plant materials, lighting, and outdoor furniture which shall be in compliance with the Miami-Dade County Shoreline Committee. 7. That the Applicant submit a Declaration of Restrictions in recordable form acceptable to the Community Development Department and acceptable to the City Attorney prior to submittal for an application for building permit, which proffers: the Bay-walk Easement; a minimum of seven-feet (7') public Bay-Walk easement along the south edge of the project and clear from any obstruction. The Applicant shall design the Bay-Walk to ensure that the Bay-Walk easement connects with adjacent pedestrian Bay-walks located on the east and west sides of the Applicant's property. The maintenance of the easement shall be the responsibility of the Applicant. 8. That the Applicant shall enter into an easement agreement for the use of the City's property if option 1 design is approved by City Commission. The easement agreement shall be recorded and any recording fees shall be paid by the Applicant. 9. That in the event of multiple ownership, a homeowner's association be established in accordance with applicable regulations to assure that all common areas and facilities for the residents, as well as all easements dedicated to the City, shall be maintained in continuous and satisfactory manner and without expense to the general taxpayers of the City of Sunny Isles Beach. 10.That the Applicant complies with all conditions and permit requirements, including but not limited to Miami-Dade County, including environmental conditions and permitting, Shoreline Development Review Committee, the Fire and Water and Sewer Departments, Florida Department of Environmental Protection (DEP) and Florida Department of Transportation (FDOT). 11.No building permits shall be issued (except for demolition and sales trailers) unless the Applicant has submitted all documents referred to under this approval and shall have paid all impact fees, bonuses, and Transfer of Development Rights (if applicable), professional fees (as per Section 267-5 and such other applicable Land Development Regulations) due to the City. 12.The Applicant shall pay all fees related to the review of the application described herein and shall have paid all other fees due to the City. Conditions to be completed before any Certificate of Occupancy is issued. 13.Pavers along Sunny Isles Boulevard must be consistent with the City Streetscape Master Plan. 9 U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\20I2 APPLICATION\Z2012-13 SIB JEWISH COMMUNITY CENTER Created:8/28/12 CH Revised:8/29/2012 ADD Revised:8/31/2012 HO Revised:9/5/2012 CH/AAD Revised:9/11/2012 CH/ADD Revised:9/12/2012 HO 14.Pavers along public bay-walk must be consistent with the paver materials selected the bay-walks on neighboring properties or approved by the City. 15.That the Applicant shall underground all utility lines in front of the proposed project. 16.Under Section 267-4, 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 charged by such consultants or hourly rates of employed professionals and shall be paid within 30 days on submission of City voucher. 17.At the time of submission of any application or thereafter, it is required that an escrow account be established, from which withdrawals shall be made to reimburse the City for the cost of professional review services, if any. The Applicant shall then provide funds to the City for deposit into such account in an amount to be determined by the City Manager, based on his/her evaluation of the nature and complexity of the application. The Applicant shall be provided with copies of any City voucher for such services as they are submitted to the City. When the balance in such escrow is reduced to one-third (1/3) of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within thirty-days (30) after the applicant is notified, in writing, of the requirements for such additional deposit, the City may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit or Certificate of Use and Certificate of Occupancy shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to the Applicant any funds remaining on deposit. 18.That the Applicant shall furnish payment and performance bond in an amount determined by the Building Official to ensure Applicant's performance of public improvements required pursuant to site plan approval and in accordance with recommendations of the Building Official after review of construction plans submitted based on development approval granted herein. Any such bond shall be issued by a surety having a minimum rating of A-1 in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the City, and shall provide that "this bond may not be cancelled or allowed to lapse until 30 days after receipt by the City, by certified mail, return receipt requested, of written notice from the issuer of the bond of intent to cancel or not to renew". As improvements are made the City, within its discretion, may reduce or eliminate the bond amount. These rights reserved by the City with respect to 10 U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-13 SIB JEWISH COMMUNITY CENTER Created:8/28/12 CH Revised:8/29/2012 ADD Revised:8/31/2012 HO Revised:9/5/2012 CH/AAD Revised:9/11/2012 CH/ADD Revised:9/12/2012 HO any construction bond established pursuant to this section are in addition to all other rights and remedies the City may have under this Resolution, in law or in equity. Other Conditions: 19. 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 of the conditions. 20. That the approved site plan shall remain valid for a period of 24-months from the date of approval. If no building permit is issued within the 24-month time period, the site plan shall be considered null and void and of no force and effect. 21. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. (END) 11 U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-13 SIB JEWISH COMMUNITY CENTER Neisen 0. Kasdin 'Akerman Senterfitt One Southeast Third Avenue Akerman 25th Floor Miami,Florida 33131 Tel: 305.374.5600 Fax: 305.374.5095 neisen.kasdin@akerman.com September 17, 2012 VIA FEDEX Claudia Hasbun City Planner Community Development City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 RE: Sunny Isles Beach Jewish Community Center 2nd Amended Letter of Intent Application for Site Plan approval & Variance Dear Ms. Hasbun: Our firm represents the Chabad Lubavitch Russian Center, Inc. (hereinafter, the "Applicant"), the owner of a 21,905 sq. ft. parcel with an address of 488 Sunny Isles Beach Blvd. (the "Property"). The Property consists of 17,093 square feet of dry uplands and 4,812 square feet of submerged land. The Applicant proposes to construct a 5-story, multi-use community center building whose primary use will be a place of worship for the Jewish Orthodox community (the "Proposed Project" or the "Proposed Building"). The Proposed Building totals 31,175 square feet of gross floor area. The first story will consist of 22 at grade parking spaces. The first floor above the parking level (technically the second floor but referred to in the plans and this letter as the first floor) is the main worship area of the building. The second floor consists of a balcony worship area and classrooms for the pre-school. The total number of seats in the place of worship is 390 seats. The third floor consists of a social hall that will be used for special occasions and after worship gatherings. The fourth floor consists of offices for the rabbi and staff and a restaurant which will serve traditional Orthodox Russian cuisine, prepared in a kosher kitchen. The Proposed Project requires site plan approval and a variance from the off-street parking requirements. Please accept this letter as our letter of intent. Enclosed with this letter are all of the required plans and application forms. akerman.com i Seek' Age da item {25148759;I} Date Q - 20 - I "R, September 7, 2012 Page 2 The Property is zoned TC (Town Center) and the Proposed Project has been designed to meet all of the basic zoning requirements of the TC zoning district, including height, setbacks, floor area ratio, lot coverage and open space. BAYWALK Because the Property has frontage along Biscayne Bay it is subject to the Shoreline Development review standards of Chapter 33D, Article Ill of the Miami-Dade County Code of Ordinances. The Property is very small (0.5 total acres, 0.4 upland acres, 97' wide and 150' deep), especially compared to other parcels of land directly to the east of the Property along Biscayne Bay, and therefore the Proposed Project cannot be designed in a manner that meets the required shoreline, side setback and visual corridor requirements of the County Code. Strict compliance with the setback requirements outlined in the County's shoreline development criteria would reduce the buildable area of the Property to the point where nothing could be built. Although the Proposed Project falls short of the technical requirements of Chapter 33D, the Applicant will provide a public baywalk across the rear of the Property along Biscayne Bay. The improvements to the public baywalk proposed by the Applicant include the installation of benches, paved walkways, and landscaping. The baywalk will run the entire width of the Property (approximately 97') and connect to the undeveloped property to the east and to the future City park site to the west. Due to heightened security concerns arising from the use of the Proposed Building as an Orthodox Jewish religious facility, the proposed public baywalk has been designed to be separated from the rest of the private property. The public baywalk will be located at grade while the private portion of the baywalk and the first floor of the Proposed Building will be elevated approximately 8' 8" above grade. Also, the Property has existing dock and deck facilities that extend across the submerged land portion of the Property. The public baywalk will be separated from the deck and dock facilities by a chain rope and gate. Due to the use of the Proposed Building as a religious facility, pre-school and community center, the Applicant proposes to close the public access to the baywalk at certain limited times. For example, at certain times when the school children are using the baywalk portion of the Property the public access is proposed to be closed. Also, when special events, such as a wedding reception, or during Jewish high holidays when the facility is accommodating an extra capacity of persons and/or the special event itself is held on the baywalk or deck and dock facilities, the public access to the baywalk is proposed to be closed. When the Applicant establishes a regular routine for the pre-school, the Applicant will seek approval from the City Manager for the temporary closure of the baywalk. Also, for special events, the Applicant will seek approval from the City Manager for the temporary closure of the baywalk. During those times when the public access to the baywalk is closed, the public can use an alternative pedestrian path around the Proposed Building which is located on the east side of the Proposed Building and then turns to the west along the front of the Property connecting to the future City park site to the west of the Property. {25145759;1} September 7, 2012 Page 3 USE OF CfTY PROPERTY On the west side of the Property, the Proposed Building is setback 0' from the property line. The property to the west of the Proposed Project is the site of the future reconstructed Bella Vista Bay public park. The Applicant is proposing to improve the portion of the park that is immediately adjacent to the Proposed Building by creating a series of landscaped terraces, which will serve a dual purpose of visually screening the at grade parking of the Proposed Project and providing a seating area and shade for the future park. The baywalk is also proposed to extend onto the City-owned lot and there are two minor entrances to the building that open directly onto the City-owned lot. The proposed use of a portion of the City-owned property equals approximately 10% of the total dry land area of the City property and will require the approval of an easement agreement from the City. As an alternate to the use of the City property, the Applicant has provided a "Plan B" that does not have the landscaped terraces or entrances from the City property. We submit that the plan with the terraces and encroachments results in a better aesthetic for both the Proposed Project and the City property and results in a tangible improvement (shaded seating)for the City property. PARKING VARIANCE As mentioned previously, the Proposed Project will have 22 parking spaces on site, at grade and under the building. The Proposed Project incorporates four distinct uses (religious facility, pre-school, social hall and restaurant), each of which will operate at separate times. Therefore the peak parking demand can be based on shared use parking calculations under Section 265-46 A. (3)of the City Code. The use with the highest peak parking demand is the religious facility use of the first floor. Based on 390 total seats and using the City's "places of worship" parking ratio of 1 parking space per 4 seats, the peak parking demand for the Property is 98 parking spaces according to the City Code. This is 76 more spaces than the 22 spaces provided on site. Because of the site constraints of the Property and unique use (Orthodox Jewish religious facility), the Applicant is requesting approval by the City Commission for a variance from the off-street parking requirements. The Proposed Building will be home to an Orthodox Jewish congregation and the majority of Orthodox Jews do not drive their own vehicles on the Sabbath (Saturday) or on Jewish high holidays. Instead, members of the congregation that do not drive will most likely walk to the Property or be driven to the Proposed Project and dropped off and picked up after worship has ended. The Rabbi estimates that approximately 40% of the congregation currently drives to Sabbath worship services. The City Code specifies seven (7) criteria by which all variance requests are reviewed upon. These seven criteria are listed below in bold text with our responses to each criteria listed below. (1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; {25148759;1} September 7, 2012 Page 4 The use of the Proposed Project as a place of worship for the Orthodox Jewish congregation is unique because followers of the Orthodox Jewish faith typically do not drive themselves to religious services on the Sabbath due to prescriptions of Jewish law. This results in a parking "demand" for Orthodox Jewish facilities that is much lower than a non-Jewish religious facility. The Rabbi of the congregation estimates that only approximately 40% of the congregation drives themselves to worship services on the Sabbath. The use of the Proposed Project is unique and is not applicable to other structures in the same zoning district. Further, the Property is located at the far western end of Bella Vista Island, relatively isolated from the rest of the City, and the Property is very small - 0.4 acres of dry uplands - therefore the ability to provide parking on-site is limited. (2) The special conditions and circumstances do not result from the actions of the petitioner; The special conditions of Orthodox Jewish law prohibiting driving on the Sabbath do not result from the actions of the petitioner. Also, the Property's isolated location and small size do not result from the actions of the petitioner. (3) Literal interpretation of the provisions of these LDRs deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and works unnecessary and undue hardship on the applicant; The interpretation and application of the standard off-street parking requirements to the Applicant's proposed use would result in an undue hardship on the Applicant. The Applicant's use is unique in comparison to other religious facilities because Orthodox Jewish law prohibits congregants from driving themselves to worship services on the Sabbath, resulting in a parking demand for the Proposed Project that is much less than an "average" religious facility. (4) The alleged hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDRs; The alleged hardship is not economic. The hardship is based on the small size of the Property and the unique religious observations of the congregation of the Proposed Project, which prohibit the personal use of automobiles on the Sabbath. Also, the Proposed Project and the Proposed Building are otherwise consistent with the LDRs. (5) Granting of the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings or structures in the same zoning district; Other owners of land and/or structures in the same zoning district do not have similar, unique land uses and parking demand characteristics regarding their land uses and/or property because they are not used as an Orthodox Jewish religious facility. (25148759;1) September 7, 2012 Page 5 (6) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building or structure; and The Applicant has maximized the number of parking spaces that can be provided on-site to satisfy what is expected to be the "real" parking demand for the Proposed Project. Therefore, the variance requested is the minimum variance needed. (7) The grant of the variance is in harmony with the general intent and purpose of these LDRs, is not injurious to the neighborhood, or otherwise detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. In addition to 26 existing public parking spaces that are located immediately adjacent to the north and west of the Property, the City is in discussions with FDOT regarding the potential construction of additional public parking under the eastbound lanes of the Sunny Isles Boulevard bridge. Approximately 40 spaces could be built in this location. Furthermore, the City is currently constructing a 314-space public parking garage that is located approximately 1,200 feet to the east of the Property. Therefore, in the near future there will be approximately 400 public parking spaces within a 5-minute walk of the Property. This large inventory of nearby public parking spaces will serve as overflow parking for special events at the Property and will ensure that overflow parking does not detrimentally impact neighboring properties. We respectfully request the favorable review of the Proposed Project and request the City Commission's approval of the site plan and variance for reduced off-street parking for the Proposed Project. The Proposed Project will provide a needed community center, place of worship and pre-school for the Orthodox Jewish community and provide a public benefit in the form of the public baywalk and improvements to the public park. Orthodox Jewish law prohibits parishioners from driving on the Sabbath and this directly impacts the rate at which required parking is needed for the Proposed Project. Further, the Property's narrow dimensions make it highly impracticable to provide all of the required parking on-site. Sincere Nelsen O. Kasdin I (25148759;1) 1 Nelsen 0. Kasdin Akerman Senterfitt One Southeast Third Avenue ■ Akerman 25th Floor Miami,Florida 33131 Tel: 305.374.5600 Fax: 305.374.5095 neisen.kasdin@akerman.com September 7, 2012 VIA FEDEX Claudia Hasbun City Planner Community Development City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 RE: Sunny Isles Beach Jewish Community Center 1St Amended Letter of Intent Application for Site Plan approv I &Variance Dear Ms. Hasbun: Our firm represents the Chabad Lubavitch Russian Center, Inc. (hereinafter, the "Applicant"), the owner of a 21,905 sq. ft. parcel with an address of 488 Sunny Isles Beach Blvd. (the "Property"). The Property consists of 17,093 square feet of dry uplands and 4,812 square feet of submerged land. The Applicant proposes to construct a 5-story, multi-use community center building whose primary use will be a place of worship for the Jewish Orthodox community (the "Proposed Project" or the "Proposed Building"). The Proposed Building totals 31,175 square feet of gross floor area. The first story will consist of 22 at grade parking spaces. The first floor above the parking level (technically the second floor but referred to in the plans and this letter as the first floor) is the main worship area of the building. Th 'second floor consists of a balcony worship area and classrooms for the pre-school. The total n tuber of seats in the place of worship is 390 seats. The third floor consists of a social hall that ill be used for special occasions and after worship gatherings. The fourth floor consists of offic s for the rabbi and staff and a restaurant which will serve traditional Orthodox Russian cuisine, repared in a kosher kitchen. The Proposed Pr 'Oct requires site plan approval and a variance from the off-street parking requirements. Please wept this letter as our letter of intent. Enclosed with this letter are all of the required plans and application forms. akerman.com {25095027;1} September 7, 2012 Page 2 The Property is zoned TC (Town Center) and the Proposed Project has been designed to meet all of the basic zoning requirements of the TC zoning district, including height, setbacks, floor area ratio, lot coverage and open space. BAYWALK Because the Property has frontage along Biscayne Bay it is subject to e Shoreline Development review standards of Chapter 33D, Article Ill of the Miami-Dade ounty Code of Ordinances. The Property is very small (0.5 total acres, 0.4 upland acres, 97' wide and 150' deep), especially compared to other parcels of land directly to the east o the Property along Biscayne Bay, and therefore the Proposed Project cannot be designed in a anner that meets the required shoreline, side setback and visual corridor requirements of -e County Code. Strict compliance with the setback requirements outlined in the County's shoreline development criteria would reduce the buildable area of the Property to the point w,ere nothing could be built. Although the Proposed Project falls short of the technical req ' ements of Chapter 33D, the Applicant will provide a public baywalk across the rear of the Prop-rty along Biscayne Bay. The improvements to the public baywalk proposed by e Applicant include the installation of benches, paved walkways, and landscaping. The baywalk will run the entire width of the Property(approximately 97') and connect to the undeveloped property to the east and to the future City park site to the west. Due to heightened security concerns arising from the use of the Proposed Building as an Orthodox Jewish religious facility, the proposed public baywalk has been designed to be separated from the rest of the private property. The public baywalk will be located at grade while the private portion of the baywalk and he first floor of the Proposed Building will be elevated approximately 8' 8" above grade. Also, th Property has existing dock and deck facilities that extend across the submerged land portion of the Property. The public baywalk will be separated from the deck and dock facilities by a hain rope and gate. Due to the use of the Proposed Buil• ng as a religious facility, pre-school and community center, the Applicant proposes to close th- public access to the baywalk at certain limited times. For example, at certain times when the school children are using the baywalk portion of the Property the public access is proposes to be closed. Also, when special events, such as a wedding reception, or during Jewish ►igh holidays when the facility is accommodating an extra capacity of persons and/or the spe ial event itself is held on the baywalk or deck and dock facilities, the public access to th: baywalk is proposed to be closed. When the Applicant establishes a regular routine for t e pre-school, the Applicant will seek approval from the City Manager for the temporary closure of the baywalk. Also, for special events, the Applicant will seek approval from the City Mena er for the temporary closure of the baywalk. During those times when the public access to th baywalk is closed, the public can use an alternative pedestrian path around the Proposed Buildi g which is located on the east side of the Proposed Building and then turns to the west along th front of the Property connecting to the future City park site to the west of the Property. (25095027;1} September 7, 2012 Page 3 USE OF CITY PROPERTY On the west side of the Property, the Proposed Building is setback 0' from the property line. The property to the west of the Proposed Project is the site of the future reconstructed Bella Vista Bay public park. The Applicant is proposing to improve the portion of the park that is immediately adjacent to the Proposed Building by creating a series of landscape races, which will serve a dual purpose of visually screening the at grade parking of the Pro osed Project and providing a seating area and shade for the future park. The baywalk is also/ roposed to extend onto the City-owned lot and there are two minor entrances to the building that open directly onto the City-owned lot. The proposed use of a portion of the City-owned property equals approximately 10% of the total dry land area of the City property and wi require the approval of an easement agreement from the City. As an alternate to the use of th City property, the Applicant has provided a "Plan B" that does not have the landscaped terra s or entrances from the City property. We submit that the plan with the terraces and encroachments results in a better aesthetic for both the Proposed Project and the City property and results in a tangible improvement (shaded seating) for the City property. PARKING As mentioned previously, the Proposed Project will have 22 parking spaces on site, at grade and under the building. The Proposed Project incorporates four distinct uses (religious facility, pre-school, social hall and restaurant), each of which will operate at separate times. Therefore the peak parking demand can be based on shared use parking calculations under Section 265-46 A. (3) of the City Code. The use with the highest peak parking demand is the religious facility use of the first floor. Based on 390 total seats and using the City's "places of worship" parking ratio of 1 parking space per 4 seats, the peak parking demand for the Property is 98 parking spaces. This is 76 more spaces than the 22 spaces provided on site. Because of the site constraints of the Property and unique use (Orthodox Jewish religious facility), the Applicant is requesting approval by the City Commission to permit a portion of the required parking to be located off-site and is also requesting a variance from the off-street parking requirements. OFF-SITE PARKING The Proposed Project proposes to utilize the 26 parking spaces currently available in the existing City parking lot to the north of the Property. These spaces would satisfy part of the total off-street parking requirement of the Proposed Project. The utilization of the off-site parking spaces will be almost exclusively o V weekends for either a special event such as wedding or for the Jewish Sabbath, or on Jewis high holidays, which take place only a few days each year. Also, the Proposed Building will home to an Orthodox Jewish congregation and the majority of Orthodox Jews do not drive t eir own vehicles on the Sabbath (Saturday) or on Jewish high holidays. Instead, members f the congregation that do not drive will most likely walk to the Property or be driven to the roposed Project and dropped off and picked up after worship has ended. {25095027;I) September 7, 2012 Page 4 The Rabbi estimates that approximately 40% of the congregation currently drives to Sabbath worship services. The estimated parking demand for the Proposed Project based on the City Code standard of 1 parking space per 4 seats is 98 parking spaces. If approximately 40% of the congregation drives, the actual parking demand will be closer to approximately 40 spaces. The combination of the 22 spaces on-site with the 26 spaces off-site equals 48 spaces, which will provide satisfactory parking for the Proposed Project. The City Code currently lists $14,000 as the amount to be charged per parki space that is provided off-site and the City most recently (2009) charged an applicant $11 00 per off-site space. We submit that the proposed use of the 26 off-site parking spaces or the Proposed Project should not be charged the full amount for off-site parking. The Prop ed Project will only utilize the off-site parking spaces on special occasions and regularly once er week on Saturday, the Jewish Sabbath. This use will not only be off-peak in terms of the d of the week compared to a normal off-site parking user such as an office or commercial retail se which utilizes parking Monday through Friday, but it will only be for one day per week (not five) and for a few hours (not all day). Therefore, we submit that the amount charged to the Applicant for the use of the City's 26 parking spaces adjacent to the Property should be in an amount equal to $1,000 per space, or $26,000 total. VARIANCE As detailed above, the City Code requires 98 parking spaces for the Proposed Project. Twenty-two (22) spaces are provided on-site and 26 spaces are proposed to be used off-site, for a total of 48 spaces available to users of the Proposed Project. According to the Code required parking of 98 spaces, this leaves the Proposed Project 50 spaces short of the required parking. Therefore, the Applicant respectfully requests a variance to waive 50 of the required 98 parking spaces. The City Code specifies seven (7) criteria by which all variance requests are reviewed upon. These seven criteria are listed below in bold text with our responses to each criteria listed below. (1) Special conditions and circa stances exist which are peculiar to the land, structure, or building involved and whi are not applicable to other lands, structures or buildings in the same zoning district; The use of the Proposed Project as a place of worship for the Orthodox Jewish congregation is unique because folio ers of the Orthodox Jewish faith typically do not drive themselves to religious services on th= Sabbath due to prescriptions of Jewish law. This results in a parking "demand" for Orthodox J:wish facilities that is much lower than a non-Jewish religious facility. The Rabbi of the congrega•on estimates that only approximately 40% of the congregation drives themselves to worship sere' es on the Sabbath. The use of the Proposed Project is unique and is not applicable to other str ctures in the same zoning district. Further, the Property 's located at the far western end of Bella Vista Island, relatively isolated from the rest of th- City, and the Property is very small - 0.4 acres of dry uplands - therefore the ability to provid- parking on-site is limited. (25095027;I} September 7, 2012 Page 5 (2) The special conditions and circumstances do not result from the actions of the petitioner; The special conditions of Orthodox Jewish law prohibiting driving on the Sabbath do not result from the actions of the petitioner. Also, the Property's isolated location and small size do not result from the actions of the petitioner. (3) Literal interpretation of the provisions of these LDRs deprives the applicant of rights commonly enjoyed by other properties in the same zonin district under the terms of this chapter and works unnecessary and undue hardship on th applicant; The interpretation and application of the standard off- treet parking requirements to the Applicant's proposed use would result in an undue hardship o the Applicant. The Applicant's use is unique in comparison to other religious facilities bec use Orthodox Jewish law prohibits . congregants from driving themselves to worship services on the Sabbath, resulting in a parking demand for the Proposed Project that is much less than "average" religious facility. (4) The alleged hardship is not economic d has not been deliberately created to establish a use or structure, which is not otherwis consistent with the LDRs; The alleged hardship is not economic. In ct, as stated above, the Applicant is proposing to pay the City mitigation for 26 off-site parkin spaces, which when combined with the on-site parking, will satisfy the Proposed Project's exp cted parking demand. Also, the Proposed Project and the Proposed Building are otherwise con 'stent with the LDRs. (5) Granting of the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings or structures in the same zoning district; i Other owners of land and/or tructures in the same zoning district do not have similar, unique use and parking demand characteristics regarding their land uses and/or property because they are not used as an Orthodox Jewish religious facility. (6) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building or structure; and The Applicant has maximized the number of parking spaces that can be provided on-site and is utilizing the adjacent off-site parking spaces to satisfy what is expected to be the "real" parking demand for the Proposed Project. Therefore, the variance requested is the minimum variance needed. (7) The grant of the variance is in harmony with the general intent and purpose of these LDRs, is not injurious to the neighborhood, or otherwise detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. III {25095027;1} September 7, 2012 Page 6 Also, in addition to the 26 existing public parking spaces that are located immediately adjacent to the Property, the City is in discussions with FDOT regarding the potential construction of additional public parking under the eastbound lanes of the Sunny -Isles Boulevard bridge. Approximately 40 spaces could be built in this location. Furtherm re, the City is currently constructing a 314-space public parking garage that is located apps ximately 1,200 feet to the east of the Property. Therefore, in the near future there will be approximately 400 public parking spaces within a 5-minute walk of the Property. This large inv- tory of nearby public parking spaces will serve as overflow parking for special events at t - Property and will ensure that overflow parking does not detrimentally impact neighboring pro'•erties. We respectfully request the favorable review of t : Proposed Project and request the City Commission's approval of the site plan, variance . d off-site parking arrangement for the Proposed Project. The Proposed Project will pro 'de a needed community center, place of worship and pre-school for the Orthodox Jewish •mmunity and provide a public benefit in the form of the public baywalk and improvements to e public park. Orthodox Jewish law prohibits parishioners from driving on the Sabbath and his directly impacts the rate at which required parking is needed for the Proposed Project. urther, the Property's narrow dimensions make it highly impracticable to provide all of the required parking on-site and the peak usage of the Proposed Project will be off-peak and infr uent from a normal business, thus making the use of off-site parking more tenable. Sincerely J Neisen O. Kasdin {25095027;1} ECEIn0 AUG102012 S�NNV rs,s PUBLIC HEARING APPLICATION Z 1L _X20 4 s Hearing# . t,, ; IN1NG DEPT. v` x Date Rec:vet Folio Number 31-2214-007-0220 9E r•FLOP��o c�rY op sun F� 1. Proposed Project Name: Jewish Russian Community Center 2. Name of Applicant Chabad Lubavitch Russian Center of South Florida,Inc. - 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 Property Owners Sworn-to-Consent. C. If applicant is a corporation,partnership,limited partnership,or trustee,a separate Disclosure of Interest form must be completed. 3. Applicant Mailing Address 403 Poinciana Drive City Sunny Isles Beach , State FL _.._.• Zip 33160 Tel.#(during working hours) Other 4. Name of Property Owner same Mailing Address City State, Zip_ Tel.#(during working hours) _ Other 5. Contact Person Nelsen Kasdin Mailing Address 1 SE 3rd Avenue,25th Floor City Miami _ State FL - Lip 33131 ia_ Tel.#(during working hours)^. 305-374-5600 Other__ 4. 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. Lot 23 and Island No.23,of Second Revised Plat of Bella Vista Subdivision,according to the Plat thereof,as recorded in Plat Book 50,at Page 76,of the Public Records of Mlami-Dade County,Florida,less that portion of Lot 23,being more particularly described as follows: Begin at the Northeast corner of said Lot 23;thence run South 13 degrees 13 minutes 35 seconds West along the Easterly line of said Lot 23 a distance of 8.23 feet to a point of intersection with a circular curve concave to the Northeast,having a radius of 118,50 feet and a tangent bearing of North 52 degrees 42 minutes 42 seconds West;thence run Northwesterly along said circular curve through a central angle 0107 degrees 17 minutes 51 seconds for an arc distance of 15.09 feet;thence South 82 degrees 00 minutes 25 seconds East along the North line of said Lot 23 a distance of 13.40 feet to the Point of Beginning. 5. Address or location of subject property: 488 Sunny Isles Blvd.,folio#31-2214-007-0220 6. Size of property:.. 97 .-___._,ft.x 234 ft.acres 0.5 City of Sunny Isles Beach Community Development Department 7. Date subject property qui red or leased 17 day of April, 2011 ac term of lease , years/months. 8. Does property owner own contiguous property to the subject property?If so,give complete legal description of entire contiguous property.(If lengthy,please type on a sheet labeled"Contiguous Property". no 9. Is there an option to purchase or lease the subject property or property contiguous thereto? Yes or No If yes,who are the potentia purchasers or lessees?(Complete section of Disclosure of Interest form also). 10. Present zoning classification(s): TC,Town Center 11. 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) i4 Site Plan Approval o Conditional Use aVariance o Plat Approval 112 ❑Transfer Development Rights u Vested Rights n Appeals c Other: 12. Has a public hearing been held on this property within the last year and a half?a yes 14 no 4 If yes,applicants name Date of hearing_____-__ Nature of hearing Decision of hearing Resolution#_,._ City of Sunny Isles Beach Community Development Department • 13, Is this hearing being requested as a result of violation notice?n yes 14 no If yes,give name to which violation notice was served Nature of violation 14. Are there any existing structures on the property? o yes x no If yes,briefly describe 15. Is there any existing use on the property? ❑ yes >9 no If yes, what is the use and when was it established?Use Established I City of Sunny Isles Beach Community Development Department OWNERSHIP AFFIDAVIT FOR CORPORATION STATE OF Fl or 4L-C4 Public Hearing No.. COUNTY OF _O°�r ,,\ �-_�� ",l Before me,the undersigned authority,personally appeared !�_Y/7� 1 ,hereinafter the Affiant(s),who being first duly sworn by me,on oath,deposes and says: I. Affiant is the president,vice-president or CEO of the k OA. t.1Dfr,1 c Corporation,with the following address: : Pt-- '3 i o 10‘.1 �R- SUV1t1 l� eS { 2. The Corporation owns the property,which is the subject of the proposed hearing. 3. The subject property is legally described as: Lot 23 and Island No.23,of Second Revised Piet of Bella Vista Subdivision,according to the Plat thereof,as recorded in Plat Book 50,at Page 76,of the Public Records of Miami-Dade County,Florida,less that portion of Lot 23,being mom particularly described as follows: Begin at the Northeast corner of said Lot 23; thence run South 13 degrees 13 minutes 35 seconds West along the Easterly line of said Lot 23 a distance of 8.23 feet to a point of Intersection with a circular curve concave to the Northeast,having a radius of 118.90 feet and a tangent bearing of North 52 degrees 42 minutes 42 seconds West;thence run Northwesterly along said circular curve trough a central angle of 07 degrees 17 minutes 51 seconds for an em distance of 1809 feet;thence South 82 degrees 00 minutes 25 seconds East along the North Inc of said Lot 23 8 distance of 13.40 feet to tha Point of Beginning. 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. 6. Affiant understands that the matters attached to and made 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 advertized. Witness Signalqre Affiant's Signatutrz ' 4 1,0 �1., Print Name •rint Nam,/�� / Signature trina IZache \ S ovsk Print Name ,20 -, Sworn to and subsc '••- sefore me on the da y of f__-- as Affi: s pe •Inally kne . • to me or has produced Identific. ton. Notar • pOee 1) Y yl (/y p l C MIKIIAEL E.KEIFITZ Commission Expires: ♦� ` r NOTARY PUBLIC L., STATE OF FLORIDA 4 Comm#EE153973 a To' Expires 1 211 8/201 5 City of Sunny Isles Beach Community Development 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). CH A biND l bA-'4 CICH Wi i �2 . c .p10 Corporation Name N DN\ P0 Pao cT aR Ri 7 0 Name,Address and Office Percentage of Stock 103 PalNCA AN'Fs, '6cz , Sib, cb°3160 4 ( 4- NAr 112 V-7 . cad P<-1 NI O M AP et t Tz If the property which is the subject of the application is owned or leased by a LIMITED LIABILITY COMPANY list the members 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). LLC Name Name.Address and Office Percentage of Stock . " Community Development Department City of Sunny Isles Beach 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 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(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 City of Sunny Isles Beach Community Development Department r 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. 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. 4 Signature: A(k(Applicant) e---(• `1, ).2 2- A\ "' Sworn to and subscribed before me, This r" day of ,a" •' ,20 YL // / --'_-------"-- I y MIKHAEL E.KEIFITZ Notary P e • F a at Large -, w NOTARY PUBLIC � F'.~ STATE OF FLORIDA . Comm#EE153973 My Commission Expires:, ' Expires 12/18/2015 *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. • City of Sunny Isles Beach Community Development Department Public Hearing No: RESPONSIBILITIES OF THE APPLICANT PLEASE READ CAREFULLY BEFORE SIGNING I hereby acknowledge that I am aware of the preliminary review of plans of the proposed project by the Department of Environmental Protection (DEP),and/or the Department of Environmental Resources Management(DERM),the Florida Department of Transportation(FOOT). In addition, the Miami-Dade County Fire Department (MDFD) for the staging area of the proposed project along with the Miami-Dade County Biscayne Bay Shoreline Development Review Committee will review and comment for approval all development applications. These comments sometimes include requirements for an additional public hearing before (DERM) and the Environmental Quality Control Board, (EQCB) in 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 DEP, DERM, MDFD, and for Florida Department of Transportation FOOT 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,DEP,DERM,MDFD,and /or Florida Department of Transportation FOOT 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 permits. Additionally I am aware a Certificate of Use and Occupancy must be obtained for the use of the property,if approved at a Zoning Hearing and that failure to obtain the required permits and/or Certificates of Completion,Use and Occupancy will result in the initiation of enforcement action against the occupant and owner. I further understand that submittal of Zoning Hearing application will not necessary forestall enforcement action against the property. Fees: I understand that the hearing fees paid at the time of filing may not be the total cost of the hearing and that I will be advised of any other fees that can be associ.4 I with the public hearing application. Signature \- a h Print Name L.— Notary: Sworn to and subscribed before me this da Y of 'L.c) (L Notar 'ub te. .f Florida MIKHAEL E.KEIFITZ ' NOTARY PUBLIC w ' STATE OF FLORIDA " Comm#EE153973 My comm -; P }res+2i48t26'F5r City of Sunny Isles Beach Community Development Department w � b w. 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