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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 ---r 1� - 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)