HomeMy WebLinkAboutZoning Resolution 20-Z-177 RESOLUTION NO. 20-Z- i l l
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, DENYING THE ZONING APPLICATION
FOR CONDITIONAL USE APPROVAL (APPLICATION NO. PZ2020-03)
SUBMITTED BY PUBLIX SUPER MARKETS,INC (THE "APPLICANT")
TO ALLOW A PACKAGED LIQUOR STORE TO BE LOCATED WITHIN
THE RETAIL SPACE ON THE GROUND LEVEL OF THE
SUPERMARKET SHOPPING CENTER; PROVIDING THE CITY
MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY
TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,Publix Super Markets, Inc. (the "Applicant") submitted a zoning application
(the "Application No. PZ2020-03"), to the City of Sunny Isles Beach, Florida("City") requesting
the following:
1. Pursuant to Section 265.13 and Chapter 98 of the City of Sunny Isles Beach Code of
Ordinances, the Applicant is requesting a conditional use approval for a packaged liquor store to
be located within the retail space on the ground level of the supermarket shopping center.
LEGAL: Legal description of a part of the South 300 Feet of Tract"N" amended
Plat of North Biscayne Beach, as recorded in Plat Book 44, at Page 42,
of the Public Records of Dade County, Florida, described by Metes and
Bounds as follows: Commence at the Southeasterly corner of said Tract
"N" and run N. 90 degrees W. Along as assumed bearing along the
Southerly line of Tract "N" along the Northerly right-of-way line of
North 183rd Street a distance of 125.00 Feet to the point of Beginning
(POB) of Parcel l: Thence continue along the last mentioned course a
distance of 342.17 feet; Thence run N. 0 degree E. a distance of 300 feet
to the Northerly line of the South 300 feet of Tract "N"; Thence run N.
90 degrees E. along said Northerly line a distance of 499.26 feet to the
Easterly line of Tract "N" also being the Westerly right-of-way line of
Collins Avenue a distance of 126.71 feet; thence run N. 90 degrees W.
a distance of 125 feet; thence run S. 63 degrees 06' 20" W. (DEED), S.
6°06'20" W. (FIELD), a distance of 175 feet to the point of beginning
(POB).
ADDRESS: 18320 Collins Avenue, Sunny Isles Beach, FL 33160
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 information contained in the City's Planning and
Zoning Department Review Report; and
WHEREAS, notice was provided to all interested parties regarding the Application; and
WHEREAS, on July 16, 2020, the City Commission conducted a public hearing on the
Application; and
WHEREAS, the City Commission reviewed the Application, the written and oral
recommendations of the Planning and Zoning Department and finds that the Application does
not meet the criteria for conditional use approval under the Land Development Regulations and
the Comprehensive Master Plan of the City and does not maintain the basic intent and purpose of
the zoning, subdivision or other land use regulations, which is to protect the general welfare of
the public, particularly as it affects the stability and appearance of the community; and, further
finds that said request should be denied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and
confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Findings and Conclusions. Based upon an analysis of the application and the
standards for approval for a conditional use approval under the Land Development Regulations
and the Comprehensive Master Plan of the City, the City Commission makes the following
findings and conclusions:
The application for conditional use approval for a packaged liquor store to be
located within the retail space on the ground level of the supermarket shopping
center is inconsistent with the Land development Regulations because the
establishment, maintenance or operation of the packaged liquor store would be
detrimental to the public health, safety or general welfare and is inconsistent with
the community character of the immediate neighborhood.
Section 3. Denial. The Applicant's request for approval of a conditional use to allow a
packaged liquor store to be located within the retail space on the ground level of the supermarket
shopping center is hereby DENIED.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5. 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 provisions and such
holding shall not affect the validity of the remaining potions of this Resolution.
Section 6. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and
are hereby repealed.
Section 7. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 16th da e -July 2020.
:s
' 51'George H. Scholl, Mayor
ATTE` : 1 i
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Mauri io B ta cur, CMC, City Clerk
APPROVED A TO FORM
AN(DE - ICIENCY:
•
e\Eiward A.Tion, City Attorney
Moved: i t 66 Int#4-160-- SWAM M Seconded: CON.Attsso50+12-
Vote:
Mayor Scholl I (Yes) (No)
Vice Mayor Svechin V (Yes) (No)
Commissioner Goldman V (Yes) (No)
Commissioner Lama I e(Yes) (No)
Commissioner Viscarra / (Yes) (No)