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2010-27329 Reso
RESOLUTION NO. 2010-27329 - ~ A RESOLUTION. OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED . PUBLIC HEARING TO HEAR PUBLIC COMMENT ON SAME; AND HAVING CONSIDERED THE CITY ADMINISTRATION'S RECOMMENDATION AND : THE CRITERIA fOR GRANTING REVOCABLE PERMITS .PURSUANT TO SECTION 82-94 OF THE MIAMI' BEACH -CITY CODE, GRANTING A REVOCABLE ~ PERMIT 'IN FAVOR OF THE APPLICANT, THE FRESH .. ~ MARKET' LOCATED AT 1800 WEST AVENUE, TO RETAIN TWO (2) ARCHITECTURAL,, ELEMENTS (CANOPIES) THAT PROJECT OVER -AND . INTO THE PUBLIC RIGHT-OF-WAY (ROW), WITH THE LOWEST EXTENSION - • AT A MAXIMUM HORIZONTAL DIMENSION OF FOUR 'FEET, ELEVEN INCHES (4'-11") AND PLACED SIXTEEN .FEET (16') ABOVE THE ROW OF WEST AVENUE DIRECTLY ABOVE THE FINISH SIDEWALK GRADE, AND T THE ..HIGHEST EXTENSION AT A MAXIMUM HORIZONTAL DIMENSION OF SEVEN .FEET,. ONE INCH (T-1") AND PLACED FIFTY FIVE FEET, (55') `Y_ ABOVE WEST AVENUE SIDEWALK GRADE; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE PERMIT.. WHEREAS, the new Fresh Market, to be constructed at 1800 West Avenue, has .proposed, ` as, part of the building's design, two (2) canopies that .project over and into the .public right-of- way (ROW) adjacent to West Avenue; and ~. ~ -WHEREAS, the canopies are to project horizontally 4'-11" minimum into the public ROW at a vertical height of 16' above West Avenue sidewalk grade; and WHEREAS, the canopies are,to project horizontally 7'-1" maximum into the publicROW at a vertical height of 55' above West Avenue sidewalk grade; and WHEREAS, the proposed canopies that project, over and into the public ROW will. not interfere or cause impact to motorists or pedestrians that traverse the West Avenue corridor; and , WHEREAS, the City's' Planning and Design Review Boards have approved the two (2) . canopies; and . WHEREAS, City staff has .reviewed the Fresh Markets application for a revocable permit to retain the canopies over the public .ROW, and has determined. application meets with. the criteria . established under Section 82-94 of the City Code (for the granting/denial of revocable permits); . and WHEREAS, as required .pursuant to Section 82-93 of the City Code, a duly noticed public hearing.. at the City Commission Meeting on February 3, 2010, to hear public comments regarding Fresh Market's request; and WHEREAS, accordingly, following such public hearing, the Administration recommends that the 'Mayor-and City Commission approve the~aforestated revocable permit request by The Fresh. ...Market. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF - THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly noticed public hearing to hear public comment on same, and having considered the City's ~. Administration's recommendation and the criteria for granting. Revocable Permits pursuant ,to Section 82-94 of the City Code., hereby grant a Revocable Permit in favor of the Applicant, The Fresh Market, located at .1800 West Avenue, to retain two (2). canopies that project over and .into the public right-of-way (ROW)', the lowest extension at a maximum horizontal dimension of .four feet, eleven inches (4'-11 "), and- placed sixteen feet (16') above the ROW of West Avenue directly above the finished sidewalk grade, and the highest extension at a maximum horizontal dimension, of seven feet, one inch (7'-1 "), and .placed fifty five feet (55') above the West. Avenue finished sidewalk grade; and further authorizing the Mayor and City Clerk to execute the permit. ,~ ,PASSED AND ADOPTED this 3«~ day of FQ~ 20 ATTEST: ~C~ ` C TY CLERK MA OR T:\AGENDA\2010\February 3\Consent\1800 West Avenue Fresh Market Reso-.ddc APPROVED AS TO 'FORM & LANGUAGE FnH UTION ity rn ate COMMISSION ITEM SUMMAKY Condensed'Titie: .. `' ~ A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, To Consider A ~ • Revocable Permit Request By The Fresh .Market ;Located. At 1800 West Avenue, To .Retain .Two (2) . Architectural 'Elements Cano ies Thafi Pro'ect Over And Into The. Public Ri ht-Of-Wa -ROW . _ . - Ke Intendec8 Outcome Su orted: , .~ ~ ~ ~ ~ Maintain- Miami Beach public areas and :Rights-of-Way Citywide ~ . Su ortin ..Data (Starve s, Envir•onmentai Scan, etc:): N/A ~' ~ ' ' .. • Issue; - _ ~ ' :. Shall the Ma or and the Ci •Commission a rove the Resolution? :. ~.~ Item Summa /Recommendation:. . On September 9, 2009, the City, received a request'for a revocable permit for the construction. of the two canopies-as partof anew 3-story.grocery store to be known as the Fresh Market. The canopies were a .. . . ~, 'result of a conditionaLuse permit issued by the Planning Board on August 26, 2008; as well as a Design: Review Board order issued on, September 2, 2008. The canopies were designed as architectural and funcfional features.at above ground elevations :between sixteen feet (16') .and fifty five feet (55') '=respectively. The canopies were designed directly above the sidewalk grade with a minimum projection .' encroachment of 4'-11" to Z'-1`' maximum. The canopies have been deemed not to interfere with .pedestrian: and,trafiac.circuiation as well as with Fire, or Police life safety responses. The canopies have ~_ also been determined 'to impact an existing .underground 6" water main which traverses along West ` Avenue and' Below'the lowest canopy which has a vertical clearance of 46' feet above. finished grade. ` ~ - ,However, in follow up discussions, the applicant has committed to relocatethe water line, at hissole cost, • ' to prevent any potential conflicts wh'ich~would arise in the event the City needed the`necessary equipment clearances to~conduct repairs. The City ;has„ concluded -that the Fresh Market's request for a revocable permit meets. all criteria established under:Section 82-94 of the City of Miami Beach Code of Ordinances forthe granting/denying of revocable'permits. Additionally, the canopies provide a pubic benefit 'in shading pedestrians and ,. ' ;protectingthem from °rain, and also their height (lowest at 16' above finished grade) meets the. minimum _ " ~ standards for vertical clearances over.roadways established iri the Manual of Uniform Minimum Standards for"De"sign, Construction and Maintenance for 'Streets and Highways" (the Greenbook)~by the Florida - ~ Department of Transportation (FDOT). Therefore the. elevafed encroachmentsmeetthe mandates of the - ~~Desigri Review Board'and Planning Board review process, as wel(as meet the functionality requirements established under FDOT guidelines. THE A®MtNSTiZ4TBON RECOMMENDS APPROi/AL OF THE RE$OLUTI®N`. .. ~' i4dvisoBoard Recamrnendation: " . ~ "Fhe .Design Review .Board approved the.proposed design on 5epi .: _Fnancial'in•frorrnation: ~~ ~ . . ~ -Source ®f Atnouri~ A • ' :: .:. Funds; 1 '~, 2 E 3 . - - ... r 4 . ~ ~ •_ OB~i ~ Total t " Fiinanciial 'le>rifpact Summary: Ci Cier`k's Office Le is9a$ive Tiracicin : Fernando Vazquez, Public Works 6399 2, 2008. ®epaiPtreretat"63icec ' r Assistant City` ~ agar C6ty Manager o _ FHB- - JGG ~ JMG T:IAGENDA12010~February 3CConsentl1800 West Avenue Fresh Nfa7Pte~t SUMM.doc C~C> . ~~~~~. STEM R? ~ . ~~~>~ 2-3 -~o . IAn/11 , M - City of Wliame Beach, 1.700-Convention Center Drive, Miami .Beach, Florida 331.39, www.miamibeachfl:gov .. -.MEMO # " ~ COMMISSION MEMORANDUM TO: Mayor`Matti ;Herrera. Bower and Members of the City Commission FROM: Jorge M. Gonzalez," City Manager . . "DATE,: " February 3, 2010. SUBJECT: A RESOLUTION ®F THE MAYOR AND CITY COMMISSION OF THE CITY OF INIAMI BEACH, FLORIDA, TO CONSIDER A REVOCABLE PERMIT REQUEST BY THE FRESH MARKET LOCATED AT 1800 WEST AVENUE, TO:RETAIN x/1/0 (2),4RCHBTECTURAL ELEMENTS (CANOPIES) THAT PROJECT OVER AND INTO THE PUBLIC RIGHT-OF-WAY (ROW), THE LOWEST EXTENSION " Al' A:MAXIMUM Ii0I21ZONTAL DIMENSION OF FOUR FEET, ELEVEN INCHES (4'-11"") :AND PLACED SIXTEEN FEET "(16') ABOVE THE ROV11 'OF WEST _ AVENUE ®IRECTLY ABOVE THE FINISH SIDEWALK"GRADE, THE TALLEST " EXTENSION AT A MAXIMUM HORIZONTAL DIMENSION OF SEVEN .FEET, - ONE. INCH- (T-1 ") "AND PLACED FIFTY FIVE :FEET, (55') ABOVE WEST ' AVENUE'`FINISH SIDE!liIALK GRADE.. ADMINISTRATION RECOMMENDATION ' .Adopt the resolution to approve several architectural"elements; (canopies) that :project aerially over 'and into the public right-of--way (ROW).. The canopies as designed are not deemed. to cause an " ., - .impact to the"functionality of West Avenue, nor will the projected aerial encroachments result in - ~ , -obstructions to pedestrians .and/or vehicles traversing the-ROW. The Fresh Market is not located within adesignated- historical district, and therefore special design restrictions do not apply: BACICGROUN® - L ' On August.26, 2008, the Planning Board issued.a conditional .use permit"for the, construction of a - new 3=story grocery store to be known as the Fresh Market (Attachment 1). On September2, 2008, - the'Desigr Review Board, granted` approval of the same fresh Market .(Attachment 2). Projected canopies were an integral component of the design approved during~the site plan review process. The canopies vuere designed as architectural and functional features at above ,ground elevations ' .:between sixteen feet (16') and.fifty fivefeet (55') respectively. The canopies were designed directly " above the sidewalk grade with a minimum projection encroachment of 4'-11" to T-1" maximum (Attachment` 3). " On September 9, '2009,. the Fresh Market requested a revocable ,permit from the City for the construction of the two caropies (Attachment 4). As part of the request, the Fresh Market submitted -~ ~ an Application for Revocable "Permit- (Attachment 5). The canopies have, been deemed not to . interfere with pedestrian and traffic circulation, as well as with Fire and Police life~safety responses. The canopies have also been determined to impact an existing underground 6"water main which traverses along West Avenue and below the-lowest canopy which has a vertical clearance.of 16feet above finished grade. However, in follow up discussions, the applicant~has committed to~relocate the water line; at .his sole cost, to prevent any potential conflicts which" would arise in the event the City-needed the necessary eguipmerit clearances to conduct repairs. " ~ 649. .,: ' City Commission Memorandum -The Fresh IVlarket ~ I , Fe6ruary_3; 2090 ' Page 2 of 4 ` ,Analysis . _ ~ ~ Tlie application for the Revocable Permit was reviewed pursuant to"the cri#eria established under ' . Section 82-94 of the City of Miami Beach Code of Ordinances for the granting/denying of revdcable permits, findings are provided below; - 1) .That the Applicant's need is subsfantially satisfied. ~ ' a - Satisfied: The.building and canopies were designed in accordance with the requirements stated - ' ~ by the Planning and Desigri Review Boards, including the lowest canopies that were requested ' ~ to~be added by the Design Review Board: The canopies extend over and into the public ROW to , ~` `~ capture aesthetically a unique building facade. 2) . -That the Applicant holds title to an abutting. property. ` - Satisfied, The Applicant isahe Fee Simple Owner of the.property located at 4800 West Avenue; ' = the property is adjacent to West "Avenue (Attachment 6). ~ " n. , . 3) That the .proposed improvements comply with applicable codes,. ordinances, regulations," and _ ;, neighborhoods plans and laws. ~ . Satisfied. The Applicant has complied with all the ,regulatory requirements for design criteria to include satisfying the building setback requirements; howeverwith a zero set back requirement , located on. West Avenue #hat caused the canopies as'designed. to project over .and-into the . ,. . _ public. ROW, " . ~4) That the grant of such application will Have no adverse effect on government/utility easements and.uses of the property.. - 'Satisfied.Eventhgugh the architectural encroachments, as designed, project over an~existing 6" - , water main: The,appicant`has committed to relocate the".water line, at-his sole cost, to prevent ' _ ~ any potential conflicts which would arise in'the event the City needed the necessary equipment clearances to conduct repairs ' - 5)~ .Alternatively: -, a. That an unnecessary hardship exits that deprives the applicant of-a reasonable use of the land, structure or~building for which the~Revocable Permit is sought arising out of , special circumstances and conditions -that -exist and were not. self-created and are .peculiar to the land,°structures orbuildings in the same zoning district and the grant of the application is the minimum that will allow reasonable use of the. land, structures or building: , Satisfied. This application is supported by the fact that the canopies are part of the design that was approved by the Planningand: Design Review Boards. These Boards considered" the canopies to be part of.-the best design solution for this project, and, thus ' the applicant is obliged to.construct the building according to the approved design, which ' requires a 'Revocable -Permit. . , b. That the grant ofthe revocable permitwill enhance the neighborhood andlor community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting and :improved security: Satisfied. Granfiing this permit consists ofahe use of;public airspace over and into the ' public ROW as.a result"ofthe.construction of canopies overthe~sidewalk, which maybe ~' ' . 6'51 . , . ~ .' • ' Cify CommissionNlemorandum -The Fresh Markel - ' . ~ . Fehruary 3, 2010 ` '. Page3•of4 .~ considered aneighborhood-enhancing amenity,, since the canopies provide pedestrians and bicyclists with shade.and .protection: from rain. 6) 'That.. granting the revocable; permit requested will :not confer on the applicant,, any special privilege that is denied to other ,owners of ,land; structures or `building subjected to similar . , ~ conditions... - - -~. tSatisfied. Granting ahis permit will not provide special privileges to the applicant; any other ~ . . property owner-may also apply for a Revocable Permit for canopies provided they meet the .applicable criteria, do'not.interfere with the safe utilization of any public ROW, .and .provide, a' neighborhood amenity such.as pedestrian shade., . . 7) That granting the revocable permit will be in harmony with the general intent-and purpose of . ~ Article 111 of the City Code,' and that such revocable permit will not be injurious to surrounding . properties, the neighborhood, orotherwise detrimental to~the public~welfare. . Satisfied. The granting of this revocable .permit for tfie canopies. that project over. and into the public. ROV11 has not .demonstrated .any, evidence of .affecting surrounding properties, nor - ~ • -~ devalues any adjacent properties or causesahe neighborhood to.be less aesthetically out of . harmony with the surrounding properties, with no detrimental effect to :the public welfare. ` 'CONCLtJS1ON ~ • - . . ,. °. The Atlrninistration's analysis above shows that all seven (7) of the criteria established ,under . Section 82-94.of the City of Miami Beach Code are satisfied. This application is supported by the fact that the canopies~are part of the design that was approved,by the Planning and Design Review Boards. `These Boards .considered the canopies to be part of the best design solution for this • project, and thus the applicant is obliged to construct the.building according to he approved design, which requires a Revocable Permit. - The canopies encroach 'into the; public ROW; and thus"occupy City property. However, several - ' factor's mitigatz~ this fact. First, as mentioned above, the canopies were approved by the City's ~•- ~ .Design Review;Board and are thus deemed to be an attractive. and required element of the project`s . .design. Second,: the canopies' height (lowest at 16' above finished grade) meets the minimum. standards for vertical .clearances over roadways established in the `'Manual of Uniform Minimum Standards for Design, Construction and Maintenance-for Streets and Highways" (the Greenbook) by thaFlorida Department of Transportation (FDOT) and even though there may be a potential conflict ;resulting from an untlerground water line that traverses the canopies, the applicant is willing to . relocate .the water line at his; cost. , Third, 'the canopies provide a public benefit 'in shading ° pedestrians and protecting them from rain. - . " .. In sum, the elevated encroachments meet the mandates of the Design Review~Board and Planning Board review process, as well' as meet the functionality requirements established under. FDDT • " guidelines: ' Tte Administration recommends the approval of the' revocable permit and as such,- recommends ` ' ~ tfiat the City Commission adopt the attached resolution.. • Attachments:- . . , 1. Planning Board Conditional Use Permit 2.. DesignReview Board-Order 3: East Elevation /Architectural Site Plan: ~ . - 653 City Commission Memorandum - The Fresh Market February 3, 2010 ' Page 4 o 4 ' 4. _ Request for Revocable Permit Letter 5. Revocable Permit Application 6. Opinion of Title JGG/FHB/FV T: AGENDA\2010\February.3\Consent\1800 West Avenue The Fresh Market MEMO.doc 655 ..`6T BS THEREFORE ORDERED., .based upon the foregoing .findings of .fact, the evidence, ~' ~ information, testimony and .materials -.presented at :ahe public hearing, which are:part of the record for this matter, and the staff report and- analysis, -which is adopted herein,' including the staff recommendations which were:. amended by the Board, that the Conditional Use Permit as . requested and set forth above be GRANTED, subject to the following conditions to which the .. applicant has agreed: _ . - ~ 1.:. - ~ `Thee Planning Board shalt maintain jurisdiction of this Conditional tJse Permit. If deemed necessary, at the request of the Planning Director, the applicant shalt provide a progress. - report to~the Board. The Board reserves the right to.modify the Conditional Use approval ' ~ . at the. time of a progress report in anon-substantive manner, to impose .additional _, ~ conditions to address possible problems and to determine the aiming and need for future . progress reports: This Conditional Use is also subject to modification or revocation under: ~ . • City Code Sec.. 118-1"94 (c), 2. ~ This Conditional Use approval is for The Fresh Market; -Inc.. as the long term land . ~ ~ leaseholder. Any change of lessee or operator shall be required to appear before the Board to affirm their- understanding of the conditions listed.. herein.. ~ . 3. Prior #o '-the issuance of a building .:permit, the applicant shall. participate in a . " ~ Transportation .Concurrency Management Area :Plan (TCMA Plan)., . if deemed . - : necessary, ~by paying its fair share cost, as determined by the Transportation%Concurrency Management Division. A final concurrency determination shall be conducted `prior to the issuance of a Building Permit. Mitigation fees and =~ , . concurrency administrative costs shall be .paid prior to the project receiving any Building Permit. !' ' ~4. The developer, designee,.. or contracf operator. shall be responsible for. operating ahe parking garage. in an orderly; clean .and quiet-manner so that neighboring residents are not disturbed. 5. Once~a bus stop is `approved as .;proposed by the applicant on~ 1.8~' Street, the app{icant shall meet with the Transportation Division to finalize the design of the .bus stop to allovu ' ~ ,buses to pull in and out safely. An engineering design shall 6e submitted to 'the City to confirm the adequacy of engineering. standards for the .final proposed option.; 6, "The Fresh Market shall be responsible for cleaning and maintaining the areas adjacent- . :'to the facility on a daily basis;. such as the sidewalk and the areas of.the street-adjacent to the property. When sweeping -the sidewalk the personnel doing the sweeping shah ~~~ ~ ensure ttat.fhey do not merely push the refuse. in front of another building, but pick up ail . -trash and dispose of it .appropriately. 7. Any light .posts. installed ~on the roof level of the parking structure shall have the lights . shine downward so as to not disturb .adjacent properties.. . 8: Shopping carts .shall be strictly prohibited from leaving the store. ~ Store management personnel shall take positive action to .enforce this .prohibifion. - ~ ~ 9: The applicant shall coordinate with .the. Public Works, .Parking, aril Parks directors any proposed street improvements; including but not limited to the rearranging of the on= .street parking spaces,. bike lanes, landscaping and another other City right-of-way work ~6 o ~ that`may be,proposed, including .coordinating with Miami .Dade Transit a neV-i b.us stop. The plan shall be finalized and approved prior to the issuance of a building permit.. ' -' 10. Theapplicant shall obtain a full building permit, within .18 months from the date of the'' ~ ~ . meeting, ~ and the work proceed in accordance with the Florida Building... Code.: Extensions of time for .good cause, not to exceed a total of one year for -all extensions, - ~ may- be granted by the Planning Board. . . -,,.. 11: A list of "green" initiatives shall be listed. in the building permit_,plans to be_reviewed and . ..approved by tall. ~ - , 12. 'Delivery. of goods .and merchandise to the .commercial spaces shaA take place from. the :- ~ ~ on=site ..loading dock. On-street deliveries shall be strictly prohibited. Large-truck (18- . :wheelers) deliveries. of merchandise shall .be :made from 5:00 a.m. and the oast truck shall be already at-the loading. bay not laterahan 1.0:00 a.m. ~ - - ` • .'` 13. The,,circulation of the. 18-whee}, trucks shall be, coordinated and approved by the Transportation Manager. bne flag- man shalt be stationed at:the intersection. of 18'n Street~and West Avenue during loading and unloading of these large tt•ucks. 14. ;. The appficarit. shalt abide by -the .hours of operation proposed: 8:00 a.m. 10:00 p.m.. ~ . seven. days a week: These hours may be modified by the Rlanning Director in writing pursuant;to a request by the applicant, •. - -15: The applicant shall study, and submit to staff for review and approval, the possibility of - :. - ~ expanding the terrace area _on 18~' Street. ~ - ~~ 16: Complete security :and trash plans shall be submitted to -staff for review and approval ~, prior.to receiving a Business Tax Receipt.. , ~17: , ~- Thee-applicant shalt coordinate with the Parking Department the conversion .of .the ' parking spaces,on the east side of West Avenue to restricted loading zone parking. . 18.' ,The- applicant shall -include in the Building Permit Plans and install a generator of ' - sufficient capacity to operate he entire store , " 19. ~. Thee, applicant shall submit an MOT ~(N(ethod of Transportations -#b Public -Works . Department staff for review and approval prior. to the issuance of ,a building. permit. The MOT shall address any traffic flow disruption due to construction activity on the site. 2Q. 'This, order is ,not severable, and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the order shall be . refucned to the Board for reconsideration 'as o~whether the order meets the criteria- for .. approval. absent he stricken provision or condition, .and/or it is appropriate to modify the remaining conditions or impose new conditions. ~ - • ~21. This Conditional' Use Permit shall be recorded in the Public Records of 'Miami-Dade County at the expense of the applicant, :prior to the issuance of a Building Permit ~., 22. The establishment and operation of this Conditional Use shalt comply with all. the -aforementioned conditions of .approval; non=compliance shall constitute a violation of.the ~~~ .: 9.... ~a 'S T ~° d~'9 ~i E Code of ..the City of Miami. Beach, Florida, and shall... be .subject to .enforcement -~ procedures set forth in Section 144-8 of said. Code and such enforcement procedures as _ are otherwise available. Any failure by the`applicant to comply with the conditions of this • '_ ~ ~ Order shall also -constitute a basis for. consideration by .the ,Planning Board fora revocation of this, Conditional 'Use. Dated -this ~" ~, day of C7 ~.~~ 6 e~ . ~ ~- , 2008. .. • .~ ~ ~ ~ PLANNIN BOARD OF TH - "~ CITY OF IAMI .BEACH, R1DA .. BY: _ . Jorge Go ez, AI ,planning. ector FOR ~ E C AIRMAN.. ~STA . TE OF FLORIDA ) - 000NTY,OF.:MIAMI-DADS ) The foregoing instrument was : acknowledged. before. me #his ~ day' . of Qc ~o~~ ,~ 2 paz3 , by. Jorge G. Gomez, AICP, Planning Director of the City of ' Miami 'Beach, Florida; ' a Florida Municipal Corporation, on ~ behalf of the corporation. He is ~ . personally mown tome. ~ > . {NOTARIAL SE L ~Y P~ Notary PU~ -e or Fior;aa ~.. Nota ~; Randy Cesar ry - ~ c Q My Comm'issbn DD517341 Prlnt Name ~~h~y ~.~5 c~ ~ _. / ' .. °~ ~,~~.~ Expiresozr131zo1o Notary Public,`. State of Florida My Commission Expires: 2 - t3- 2 at,o: .. :Commission Number: ~ :.. . '' .. Approved As To. Form: . ` , ~. Legal Department ( ~ ~-;s®~ ) ' F:\PLAN\$PLB\2008\08-26=0811874-1801 West Avenue -The Fresh Market ClJ.doc ' , _. I ,~; -. Attachment.2 . o~a~t~tcwiao~ , . ~~ ` ,ws ~ TO crnu-T THE anaaoD DOp11~1tt .~ ` ~ isArnu~AOOaa~+a~cc~rOfn~o~ ~ . ~ _ ' i , ~ •y~ ~ Ri.E ~ THE OFFICE OF TliE r+:, ^ 7 7 ~v ?- DErjIV IY R1=tlIEtlY B~P1RD~ F- • ;,, T _ A, ~ . , iSp~e al DirecOOr a ) l~ ',~~:; o. ~<~ City' of iViiarrai >3each, Florida ~~''~ ~~ ' ~ P' 1 `'~ € 6 Personauy known to me or Prodrtceo lD: ,.. ~, ~r~ ~ _ ~=:" ,,:~~ .. .J~i•'~RTi9EFes ~y c, of ~"oaffit.~e 4o- `~ ~ MEETING DATE: September 2, 2008. ate: ~ r Nry Comn~ion : (Sell . . • ~-r~ ~ . ~°.' ~ ~ - ]tde0oaair~tewMehp~,p>igOS. ~~ ~~ ., ~ . :, Fi LE N O: 21729 ~ . o'er'" • Notary Public State of Florida - .°~r°~a. r ,~~ ~ ~ ? Randy Cesar "~' ~ ~ , ~ ~ My Commission DD517341... , ,fir fi~ °; ''~'orn~ Expires Q2l13/2010 --~ ~ ~- . ~ PROPERTY:: " 1.800-1824 West Avenue a, ~.., ~, "O ~~ ~' ~ LEGAL: Lots;1-5 & Lota 14, Block 13, of Alton Beach Realty Company, According to' ~=~ ~- ~~ the Rlat Thereof, as Recorded in Pfat Book 9; Page. 146, of the Public ,,.~ f,, y-, ra > . ,. ti- ~ Records of Miai~ni-Dade County, Florida. , r~ c.- w,. °' ~ ~ IN RE: The Application for Design'Review Approval for the construction of a new 3- • ~-a ~, ~ ~ story grocery store which .will replace -the existing 2-story buildings,, to be •" Qom, . ~; W d demolished. - , _,.~; ~ . 1 ORDER The applicant, .The Ei-esh Market, lnc:, filed an application with .the City of Miami Beach =Planning Department for Design Review Approval.. The City of Miami Beacli Design Review Board makes the following FINDINGS OF.FACT, based upon the evidence, inform"ation, testimony and materials presented at the publicfiearing and-which. " are~parf of the record for this matter: , ` ~ ~A. Based on -the plans -and documents submitted with the application, testimony and . information .provided by the applicant, and the reasons set"forth iri the Planning Department . Staff,Report, the ,.project as submitted is consistent with the Design Review Criteria; in .Section 118-251 of the Miami Beach Code. • B. The project would remain consistent with the criteria and requirements of section 118 251 if the following conditions are. met: 1, Revised elevation, site plan and. ~fioor plan drawings shall be submitted to' and approved by-staff; at a minimum, such. drawings shall incorporate the following: a.~ The outdoor seating adjacent to 18th Street shall be further expanded = ~ - westward; in a .manner consistent with the City Code, subject to the review and- approval of staff. The final. design.- details. of the exterior of the raised. " plaza,' including ali required rails, shah be subject to the review and approval of staff. b.~ The applicant-shall study the feasibility of lowering the window sills along the ' West Avenue eievation, in a manner to be approved.by staff: 669 :. .:. • . ~' Page 2 of 5 . Meeting Date: September 2, 2008 . . , ~ ~ . ~ DRS -File .No. 21729 ` o ~ .c. ~ •The final design details.of all exterior surface materials~and surface finishes,' 'including the proposed stainless steel mesh stair enclostate, as vvell as stair •- materials and finishes visible from the exterior,. shalt.be subject to the review . :, - - anc! approval of~staff. - . ~ d. All,exterior handrailsand-.support posts. shall incorporate, a flat profile. The' .~ _ ~ final design details, dimensions niateriat and color. of. all exterior handrails ~. ~ ~'. shallrbe:made part of the building :permit plebs and shall be subject to the ... ~ .review and-approval of staff. .: e: : ~ A:high quality finish for the loading area roll-down door shall be required; the - .. ocatiori of all housing, as well, as the dimensions:of the door shall be subject f , ; , to, the review and approval of staff. - ~ ~ ~ ~ f. ~ Manufacturers drawings and Dade County product approval numbers for all - •_ ~ new vvindows, doors and glass shall be required, prior to the issuance of a ..: building permit. .. ,g. .All roof-top fixtures, air-conditioning units and mechanical devices shall be . ' clearly noted on- a revised roof plan and shall. be screened from view; in a . ~ :manner to be approved_by tall. .. - h. Bicycle ,racks shall be provided, in a manner to be reviewed and approved by ..~. - :.staff. . i. Prior to the issuance of a Certificate of Occupancy,-,the projectArchitect shall verify, in writing, that the subject. project has been constructed in accordance: with the plans approved by the. Planning Department for.Building .Permit. - 2. A revised landscape plan, .prepared by a Professional. Landscape Architect, " ` ~ ~ _ registered in the. State of Florida, and corresponding site;plah, shaD be submitted to - ' and approved by staff. The.species type, quantity, dimensions, spacing, bcation and • . overall height of -all plant material shall be clearly delineated and 'subject to the ' ~ .review 'and approval.. of staff, At a minimum, such- plan' shall incorporate -the following: ~ - . a. A fully automatic irrigation,system with 100% coverage and an automatic rain ` ~ sensor in order to .render the system inoperative in the event of rain. Right- . . •:of-way areas shall also be incorporated as part of the irrigation system. b. ~ The utilization of root barriers and/or structural-soil,. as applicable, shall be clearly delineated.or the~revised landscape plan., . c. `The applicant shall verify, prior#o the .issuance of a Building Permit; the exact . - location .of all backflow preventors and all other related devices and fixtures; - such fixtures and devices shall not be permitted within any required yard or - any area fronting.. a street or sidewalk. The location of backflow preventors, Siamese pipes or other related devices and fixtures, if any, and how they are screened with landscape "material from the right-of-way, aha11 be clearly . - '. - indicated on'the site 'and landscape.plans~and shall `be subject to the review _ and approval of staff.. . ~ ~ ~ ; d. The :applicant shall verify, prior to the issuance of a Building Permit, the exact location of all applicable FPL transformers"or vault rooms; such transformers and vault rooms, and all other related devices and fixtures, shall not be ` - G 6.71 ' - .. • Page4of5 ' ` ~ Meeting Dater September 2, 2008. ._ ,. :- :.: ,. _ DRB Five, No: 21729. -, -. ~- " `• ~ g. ? . ~ Meet water/sewer concurrency requirements including a hydraulic water ..~. ~ ' ' ~ ..model analysis and gravitysewer system capacity analysis as determined by ` ~ ~' ,the Department and the required upgrades to water and sewer mains . ~ • servicing this,project. _... ., . h, Payment of City utility impact fees for.water. meters/services. . . ~ ' ~ is Provide' flood barrier ramps to underground parking or rninimiam slab ' . . _: elevation to beat highest adjacent crown road elevation plus 8". , ~: Right=of-vvay permit must be obtained from.Public Works. 4 - ~ •~ ~ - k. All right-of=way encroachments must be removed: - ~ . ` l , All planting/landscaping in the public right-of-way must be approved by the •Public Works and' Parks Departments., 8: The project shall comply with any landscaping or other sidevvalk/street irziprovernent • standards as may be=prescribed by a relevant Urban Design Master Ptan approved ` ~ ~. '- - . ~ :" : priortotha-completion of theproject and the issuance of a Certificate of.Occupancy. " 9: "~ The Final C)rdershall be recorded in the Public Records ofMiami-Dade County,- rp for to'the:issuance of a Building Permit. 10: The~Final Order is.not severable,'and if any provision or condition hereof isheld-void ., • : orunconstitutional in a final decision by a court ~of competent jurisdiction, the order - Y ~ ; ~ ~ ~ shall be returned to-the Board for reconsideration'as to whether the order meets the . ~ ~ ~ • ~ . criteria.for approval absent the stricken provision orcondition, grid/or it is appropriate to.modify-the remaining conditions or impose new conditions: { .... . . '' lT IS HEREBY QRDERED, based upon•the foregoing findings'of:fact, the evidence,, information, `testimony acid materials presented at the pubic hearing; which are part of the record- for this matter," -and the staff report and analysis, which 'are adopted herein,.inciuding the .staff .recommendations which were adopted by the Board, that,the Application for Design Review approval is GRANTED for. ,~ `the above-referenced project subject to those certain conditions specified in Paragraph B of the Findings of Fact (Condition. Nos..1-10, inclusive) 'hereof, to which the. applicant has agreed. ; ~• .. • No building~permitmay be issued unless and.until all conditions,of approval .as;set forth herein have beenmet: -The issuance of Design Review approvaldoes notrelievethe appficantfrom.obtaining all • other required Municipal, County and/or State reviews and permts,:including zoning approval _If ~ . x. ~.adequate handicapped access is not provided; this approval doesnot mean that.such handicapped ` access is. not;required or that the Board supports an `applicant's effort to seek waivers: relating to handicapped accessibility requirements. ~• If~the Full Building Permit for the project is.not issued within eighteen(18) months of the meeting date at-which the"original. Design Review /Approval "was granted,. and. construction does :not:: commence and continue in accordance with the requirements of the applicable Building Code, the Design Review Approval will, expire and ~ become .null and void; .unless the applicant makes • application to the ;Board for an .extension of time, in accordance with the requirements and • procedures of Chapter 1°1,8 of tfie City Code;-the granting of any such extension of time shall be at 'the discretion of the Board. At the hearing on any such application, the Board 'may deny or approve o~ °• tti'e requesf and modify the above conditions or impose additional conditions. - . • ~ 675 _ L.~A~T ~°~~~ Pages of 5 • Meeting:Date: September 2, 2.008 • DRB File No.2.1729 , ,~ In accordance with Section 118=264 ofi the CityCode, the violation of any conditions and safeguards that.are a part of this Order shall be deemed a violation of the .land development regulations of the `City Code. ~~ Daterd this day of . 7 • DESIGN REVIEW BOARD THE CITY OF MIAMI B CH, FL- ... ,.-. . ' BY: THO AS R. MOONEY, AICP . . ~ ~ DESIGN AND PRESERVATION MANA R FOR THE CHAIR STATE OF FLORIDA., ') ~ ornr n~~. Notary Public State of Florida ~S.S a ~ Randy Cesar . : My Commission DD517341 COUNTY QF MIAMI-DADS ~) ~~of~~~ Expires 02/13/2010 . _ --" The ~foreg4ing ~'nstrtament was acknowledged before me this L~ day of Sept-eve ~•e~ 20 ~~ by Thomas R. Mooney, .Design -and `Preservation Manager, - Plann ni g Department, .City of -Miami Beach; Florida, a Florida Municipal Corporation,; on behalf of . the Corporation. He is personally known to me.' . ~~~ - NOTARY l1BLIC • Miami-Dade County,.Florida . 'My commission expires: 2-/3- 2.o re Approved As To Form:' Legal Department: ( ' - • Filed with the Clerk of the Design. Review Board on t' ~'~- ° ~ ( r?C ~ . ru ~F.:\PLAN\$DRB\DR608\SepDRBD8\21729.fo.doc ' . , W I - _ 677 . - Attachment 3 ~ . , ~. r ~ alp ~ r ~~~ ~ s a r~ir Fin °- > mod .a ,~ ~ ~~ ~ . .. .. ~ ~, -d ~ ~, m --i j _ ~ . r - r..~y~ ',..; . '~ r ~i~~ ~i f rf i, ~, rr . , .. - - ., r '. J ~i. F ~ _ - % f _ `. } P .r ? ~}~ 4 f f ~ , .: Y . > 'E!t/rat r c ~.L ~,..}.: i~+}' . •y /,.. ,.a, . j. rf../... f.. a .. ~ i'.: . s.. e~.tt r ~,.}}~ Y 4f"' r ~/ '. I ~ ~ ~ ~. ~f'. ~, s ~}. - ~ ~ Y ,fi. ~ w .F~.; _~ ~ ~ ~~ r~ ~~ - . 'Sim ~.G Sf t 1 Y _ P/.f, fir, f ~~ }iry;lof r. ``r.T ~ 5 . ! fs+ c.- ii .. ~ .III ... I ~LI I ~~I 1 xry . ~ ~ /?S ,r'r u ~r, ~. ~~ fi~•• J .:C .~~- ~r%?ft> - I. ~ .. S. r. ~.. ..~ - ~'J ,r... f..i.l. ~.3a .C X-~~ rd.i.:. ~.~°:; .y,r ~.<?,{;. f: F } . ~ {} I, } . U: f S ' a 1 11 1. i ~ ~ ~. ~ 1. 1. i f>F a. 1' f ~ l ' . i t r ~' ~ m.~ 1 :. r. t i r L: L - ------_ o r ~ o r ~~~ .. .. m ~ -: ,: ~ ,: m m , o ~ .. DAD ~P~~ ~~ 679 f ry~ ~~, F . ~y`~j ~'Y.~4~ ~rv i t ~, ~~ ~t3i ~ r,~L~~. ~ a ~-~~ i~ s ~~ 1 + I ~ ~'c~{ Z y _~ y~ ~• Vb <i'~t?, <' .(r`. l~_~~ {4 T }7 ,~ 7 i ~ ` tj ~ ~~;~ sti- ~ j i i ,J ~ f I ~7 ,~ ,. ) i i ;. 4 y ~ .I { ~ ~ r ~~, ~ ~ ` a , , ~ ~.. ~ ~' l~ {~ ' ! 13 ~ Plf e f LY s~C ~ ~ ( 4 y ~ _ a r f 681 ATTORNEYS AT LAW Dallae ~ One Southeast Third Avenue 'Denver ` - ~ ; . 25th Floor - Fort L2uderdale r.F-~~~ Miami, Florida 33t3J-].714 Jacksonville '" ~; www:akerman.com -"Madiso~ ~ . ~~ '_~ ~~' ~'~~ 305.374 5600 tel 305 374 X095 fax ~... .. Miami ;. ~ . , New York , Orlando . ' ~ "fallahassee.. Tampa . - Tysons Comer. ~ _ ` '•Washington, DC ~ , West"Palm Beach .. . .September 9; 2009. ' Fernando Vazquez _ . , 'City Engineer .~ city of Miami Beach . -~ 1'700:Convention Center Urive -. . .: Miami Beach, FL 33-1`39 _ - ' ~Ze: I800 . Vest fve - lFresb '1V1[arket -Revocable Permit for Hagh Canopies on East Facade - Dear Fernando, `~ ~lcerman Senterfitt represents the .Fresh Market, which intends to build a new sure in the . City of Miami Beach ('.'city"), in the. Sunset Harbor neighborhood. 'The site plan has been -approved .by the Planning Board, Design Review Board, and Board of Adjustment,: and the . design lies°won wide praise~froixr City staff and neighbors. One aspect of. 'the design are canopies that pro~~ide shade .and protection from rain to ~" customers and pedestrians, .and were frequir_ed by the Design Review Board to create a rrlore pedestrian. scale for the building facades. Toning requires a setback on the south side, so the, canopies will simply project, into the setback, but there is zero wetback on the .east facade, so the canopies will encroach into the public-right-of-v/ay and thus require a Revocable Perrr>it. - The east canopies are:. over the front doors, the bicycle racks, the garage .entrances, and, at ~ . the'~tops ~f the circulation -cures {stairs, elevators).. These canopies extend over the sidewalk; not over the .roadway. The lovrest canopy is over the bike racks, but it.is already ~16' above grade. I'fie eanepies over .the :front doors and garage entrances are approximately 19' above grade. And the cangpies on the tops. of .the ~;irculation cores are at least SS above grade. The canopies encroach from ~-' 11" (lowest) to 7' " (highest).. {M2850730;'I } ' 683 Fernando Vazquez September 9; 2009 Page 2 Thus the canopies will not interfere with any City function — fire rescue, utilities, even pedestrian movement - and in fact will provide; a benefit to the City by shading pedestrians and protecting them from rain: We request that the City Commission approve the. required Revocable Permit, and ask that you support such request.' If you need additional information or have anyquestioris, please do not hesitate to contact cc: 2. Tom Bowman; Fresh Market 685 Attachment 5 m Sr<! FF~ ~ f iF!~~. . ~ F~ ~fTY ®F MIANt1 BEACH AP'PLICATIO-R1 'FOR REV4GA6l..E PERMIT FILE NO: DATE= ~ , NAME OF _APPLtCANT: Goldwater Realty Xv ' 2:=~APPLICAPIT'S ADDRESS: 1801 West Avenue. Miami Beach. FL 33139 3. APPLICANT'S BUSINESS TELEPHONE:3o5-5~8-1117 RESIDENCE TELEPHONE ; 4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY: 5. ~ ~+DDRESS AND LEGAL. DESCRIPTION OF APPLIC~4NT''S PROPERTY ABUTTING SUBJECT CITY PROPERTY:. 4800- West Avenue Alton Beach Realty Co. Amended Plat, Plat Book 9, Page 146; Block 13, Lots 1 thru 4 S. HAS a4PU13LtC HEARING BEEN FIELD PREVIt)USLY REGARDING THtS REC~UE~T`? YES IF 50, WHEN: FILE Nt7. ®F PRE1/tOU.S RE4~l1EST 7. I3RIEFLI( STATE REQUEST EXPLAINING THE REASON/NEED FOR THE REVOCABLE PERMIT: Permit rg~uested to construct canopies over portions of sidewalk as part of new Fresh Market grocery store ~~ r w,roaxw-ttapxwsu~vocFwu ov M2813366.PDF 687. N® X 8: DOES THE REQUEST INVaLVE THE PLACEMENT OE OBJECTS UR STRUCTURES ON THE SUBJECT PROPERTY ? YES NC3 - X .. . .~ .. IP SO, BRPEFLY DESCRIBE THE UB.lECTS/STRUC"fURES: ... '~ 9, NAME C)E CONTRACTOR: .Ed McVVhorte"r of Sikon Construction Corp. .; 431 Fairway Drive . _ ADDRESS: .. , Deerfield Beach, FL 33441 ~ ~ ' . ~ 954=354-8338 x.202 6U~tNESS TELEPHONE:.... ~ . ' ,. SEE THE ATT~CHEt~ LfS"~ FOR i°rE~AS TCa BE SR?BIi~I1TT'~® VHITH TFItS AJiPLiCAl°~AN (SECTiOh! ~~- 5292, tTEAI~S '1 'THRQIlG~I 9j, . ~~YYO13lC SNt~iJLD B~ PERF{~El~ IIV THE SUB.tE~T ~iTY Pt~OPERTY UNTIL A i~EV®~ABL.E PERINlfT-.4PP~tO111ED I'3Y ~>~E ~1TY C4AI~61R~SS)f~`N IS t)i3T`A~~VE~. - . . lT iS TFIE ftE~P®R1Sl~tLIT~ ~9iF TIHE ~V~P~1ER AI~DZ~R TtiE C~t~TRACT~R TO ®BTAII~ TFtE , REQ@JlRED PEftil~t~T3 ~P~I~ 6~i~5PE~i°IC9N6 ~f?FY ALl VIICiF~IC Q~ ~tfE SUB.)E~T CiT`f PR~PERTV. . AL:L VV~RK I~lUST COIiIIPLY {i~9T~i THE APPLlCEl13LE Q~DES AN{~i ORQIN~IW~E6. . ,A~.~, Ds4TA'StJ~~illT~'E® tN ~~1~1eIEQTBQN UVtTFB T'HiS APPLtCIATIt~IV BECOMES ~. ^~1=t~iANENT - .- "'Pe~~T ®Ir `t1~E PIJ~LI~ I~E~Q~tD~ Q~ 7'NE Pd~®LI~ VY®RICS DEPARVMEIVY EDF' ~ 9E' : ~: ". , F ~WORdG14AC11pFORMStiREVOCFAM S9 M28d 3366:PDF '. , : ~ 689 - .` ~ ~ - - FILE NO; - _ ; . ,. . ~~ 1800 West Avenue , THE 5UBJECT PROPERTY IS ATTHE FOLLOW1fVG STREET ADDRESa: ~--~--------- - ---_- . --~-- a -- --~--~----------- ------, MIAMI BEACH,. FL. - . .. COlitf~LETE t3WNERAFFiDAV6T tyR CCIRPORATIQN AFFlDAVtT, AS APPt.tCABLE, ALSO, iF YQU ARE. GMNG POWER Ot= ~TifORNEY'TO il1N tNGt!leLtUAL TO REPRESEN1r YOLI: QN THf3 RE©ttESl", C®MPLETE THE tJOST AFFlt?AVIT: " . ~ ,, Q1NNE t=FIDEiVIT , ,.. :. , ,I,= Zalrnan Fellig ,being first duty sworn, depnse_and -say that I "am the owner of the property described herein end which is the subject matter'cf the proposed herein :that let the answers to tiie questions in .this application and aiisupptement~ data attached to and made a part of the appi' are honest and true tv the'best:of my . knowledge and belief'. ~ ., . . , ~, ,' , . I NA Sworn and subsc ' ed to before me ~~"°~, CHRISTINE M. CARI)0 .:. to-S - aay of '~ X0'9 ~- p .. , MY COMMISSION k DD696 2 ~/"~-~ ~~ 6 "~ ~ F~i~: septe~ber la, 2ou N U iC . ~ - oRF' FI. NdarY Diswoa[ Assoc. Co. ' . ' ' ~ - , i-800.3-NOTARY . ~.Cornmission Expires: parse•erereorroes-rsawe~s~ooepesreeveasmseaeeeert+ssersaareasrroarxrsaearos+rewearsstre-aoaaaroaaa arers+sr-erorsa-owwaoorreraarsrtrrwrrrr•eosn.era - . ~os~PC~tgtl~~Ftn~vir ~. t, Zalrnan fellig ~ ~~ ,being duly sworn, depose and say that we, are the widen ..ice resident; and eterylAss't. o .the a aid corporation, .and as such, tlar-e been authorized - by :the 'corporation 'to ~ this appiiratian -far public hearing; the I amswera to the- questions -in .said application ae~d all . :..supplemental data attached to rnd made a part of this applicat+on re est and true to the hest of our knowledge and. belief;... that said carporatiort is the owner of tMe property described here' whic~'is the subject matter ~ the proposed-hearing. ,. t N UIRE CU . S . ' ~ ~ - ATTEST: - .. . - SEC T Y'S Sf NA: . Swam t and subscri d to t>efare me. ' mts"~,~y.®f~~~~o~ _. ~`"`"""~ CHRISTINE M. CARDOZO N TARY LI " MY COA2i1~SSIQN # DD69632 . " ~: ~~~~ EXPIRES: September 14, 2011 r)rr1~S~SlDm Expil'sg5: ' -. - _. .. ~ I-800.3-NOTARY FL Notary tai ,ee-M ^_ . , e190aRNMrvra•ra•caOrveOpearrIIORr••raaear9Fa•aerRa0661PRa tl/111`~ 0aa4ara••arG4r6reiPr`Od0•dOrse0A1rO4IIwFB9frp000 .` '- ~~ti~.Pi.~Ylt~-!F ~'$~A~3NEY ~tF~IDA~l9T ..,, . I,,.Zalman Fellig ~ , beir-g duty sworn, depose and say that L am owmer,of the de~scrieed real.propeety and that 1 errs-aware f® the nature and effect of:the request.for th' vocable permit, relative to my property, which is hereby made ~y me or I am hereby authorized, Neisen Kaskin - to~be my legal representative bafare the City.Corumission. , ~ __ C^~ l R' E Swam t ~ end sub d to b fore me ' this ,day of ~~, rvv i ~rcr ~raao~eu ~"'""`~ CHRISTINE M. CARDOZ mission F~cpirias: . MY COMMISSION # DD69fi320 °'a~, ~. oc .EXPDtES:.Septembc 14, 2011 I-800-3-NOtARV 'F1. iJaary Discaun[Asmc.Co. ~ .. - - - 691 Attachment 6 • .~~JL ~1 Jl.1~ '~V-L ~~V~~~L~ 1L 1L11~q JL o1 Ala L~~ A•'1'T'®R1~~Ir~'S Al~~ C®~7?~ISEL,®RS AT ~A'V~ 1500 San Remo Avenue-Suite 248 . Coral Gables, Florida 33146 Telephone (305) 666-6010 Fax (305) 666-283 ] E-Mail Address: realesta[errdbaredlaw.com .August 14, ?009 . VIA [JPS NEXT DAY AIR ..Andrew .Frey, Esq. Alterman Senterfitt 1 SE 3`~ Avenue; 25`x' Floor Miami, Florida 33131 RE: .Opinion of Title Goldwater Realty, Inc., ~ , Our File 447-16 Dear Mr. Frey: Enclosed please f nd Opinion of Title for above. Should you need anything please feel free to call our office. Sincerely, BARED & ASSOCIATES, P.A. r~ D AN.A M. GONZAL;EZ AMG/amg Enclostu•e -:693 ®PINION I)F TITLE TO: CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION With the understanding that this opinion of title. is furnished to City of Miami Beach, a required exhibit for a Revocable Permit appurtenant. to the real property .hereinafter described, it is hereby certified that I have examined the Ownership and Encumbrance Report by Bared & Associates, P.A. as agents for Fidelity National Title Insurance Company, Inc., ("Title Search") covering the period from, July 31, 2008 to .iuly 29, 2009 at the hour of 11:00 p.m., which is a continuation inclusive of Fidelity National Title Insurance Company Owner's Policy No. 1332-27421 covering from the period from the . . beginning through July 13, 2005 of the following described property: Lots 2, and 14, Block 13, of AIVIENDED PLAT ®F BL®CK THIRTEEN ®F TIIE ALT®N BEAC'I-I REALTY C'®MPANY, according to the Plat thereof recorded in Plat Doolc'9, Page 146, of the Public Records of 1Vliami-Dade County, Florida: I am of tl?e opinion. that on the last mentioned date, the fee dimple title to the above described real property was vested in: G®LDWATER REALTY XV, INC., A FL®RIDA C®RP®RATI®N Zalman Fellig as President of Goldwater Realty XV, Inc., a Florida corporation is authorized to sign all documents and agreements on behalf of the company. Subject to the following encumbrances, liens and other exceptions: ~REC®RDED M®RTCAGES NONE RIiJC®RDED C®NSTRIICTI®NS LIENS, C®I~TRACT LIENS 3UDCIO~IENTS - NONE GENERAL E~CEPTI~NS 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date- the Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Opinion of Title. 2. All assessments ar~d taxes for the year 2009 .and all subsequent years, which are not yet due and payable. 3. Any lien, or .right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not.shown by the public records. 1 695 4. Any encroachments, easements, measurements, variations in area or content,.party walls or other facts, which a con-ect survey of the premises would show. 5. Rights or claims or parties in possession not shown by the public records. 6. Roads, ways, streams or easements, if any, not. shown b.y the .public records, riparian ' rights and the title. to any filled-in lands. 7. Notice of Conirriencement filed March 3, 2009 recorded in Official Records Boole 26772, at Page 2680 of the Public Records of Miami-Dade County, Flor-ida. 8. Notice of Commencement filed March 3, 2009 recorded in Official Records Boolc 26772 of Page 3490 of he Public Records of Miami-Dade CoLU~ty, Florida. SP1rCIAI., EXCEP7'I®NS 7. Dedications, Easements and Restrictions as shown oil the Plat of AMENDED PLAT OF BLOCK THIRTEEN OF THE ALTON BEACH REALTY COMPANY recorded in Plat Bool< 9 Page 146. 8. Dedications,. Easements and Restrictions. as shown on the Plat of ALTON BEACH REALTYCOMPANY PLATBLOCKTHIRTEEN recorded in Plat Book 4 Page 121. 9. Dedications, Easements and Restrictions as shown on the Plat of THE ALTON BEACH REALTY COMPANY PLAT ISLAND VIEW SUBDIVISION recorded in Plat Bool< 6 Page 115. 10. Terms, conditions, and stipulations asset forth in that certain instrument filed of record in Official Records Boolc .1060 Page 344. 11. Easement granted to Midland Trading Company contained in instrument recorded in Official Records Bool< 14698 Page 3021. 12. Any lien .arising under Chapter 159, Florida Statutes, in favor of any city, town, village or .port• authority for unpaid service charges for service by any water system,. sewer system, or gas system servicing.the lands described herein 13. Memorandum of Lease dated November 16, 2007 between The Fresh Market, Inc., Midland Trading II, Inc., and Goldwater Realty XV; Inc., recorded in Official Records Book 261 l 6 at Page 01 12 of the Public Records of Miami-Dade County, Florida. NOTE: ALL .RECORDED INFORMATION REFERS TO THE PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA. 2 697 The following is a description of the aforementioned .abstract and its continuation: Number Company Certifying Period Covered Owner's Title Policy Fidelity National Title Insurance Co. Beginning through No. 132-27421 July l3, 2005 . Number Company Certifying Period Covered Ownership & Encumbrance.Report Fidelity National Title Insurance.Co. July 31, 2008 through . July 29, 2009 I HEREBY CERTIFY that I have reviewed all the aforementioned enctunbrances and exceptions. I HEREBY CERTIFY that the ,legal description contained in the Opinion of Title coincides with, and is incorporated within the legal description in the .proffered, recordable agreement. I I~EREBY CERTIFY that none of the exceptions set forth above restricf the ability to split the above described real property or in general restrict the separate development of the two platted lots that comprise_the above described real property. I the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a~member in good standing of the Florida Bar. Respectfully submitted this ~ day ^f o„a„cr ~nno PABLO R. BARED, ESQ. PRINTED NAME BARED & ASSOCIATES, P.A. 1500 San Remo Avenue, Suite 248 Coral Gables, Florida 33146 (305) 666-6010 3 699