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
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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
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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
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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
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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
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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
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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
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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.
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September 7, 2012
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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.
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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.
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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
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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
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