HomeMy WebLinkAboutResolution Zoning 03-Z-80
RESOLUTION NO. 03-Z-80
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING
APPLICATION SUBMITTED BY OCEAN TWO CONDOMINIUM
ASSOCIATION, INC., (Z2003-11) SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, on September 9, 2003, Ocean Two Condominium Association, Inc.,
submitted an application to the City of Sunny Isles Beach, Florida requesting the following:
1. Conditional Use pursuant to Section 265-13 of the Code of the City of Sunny Isles Beach,
to permit an existing restaurant for use of the residents of the condominium and the
general public.
LEGAL DESCRIPTION: Commence at the Southwest comer of Tract 'D' of Amended Plat
of North Biscayne Beach PB 44 PG 42 of the public records of
Miami Dade County, Florida; thence N 03 degrees 04 minutes 26
seconds E for 520.24 feet; thence N 88 degrees 03 minutes 56
seconds E along the northerly line of Tract 'D' for 433.33 feet; to
the intersection of the Erosion Control Line as recorded in PB 134
PG 47 of the records of Miami Dade County, Florida; thence S 03
degrees 01 minutes 22 seconds W for 511.83 feet along said
Erosion Control Line to the intersection of the Southerly line of
Tract 'D'; thence S 86 degrees 58 minutes 06 seconds W for 434.43
feet along Southerly line of Tract 'D' to the Point Of
Commencement.
LOCATION: 19111 Collins Avenue;
And,
WHEREAS, on December 18, 2003, the City Commission conducted a public hearing
on the application submitted by Applicant; and
WHEREAS, the public hearing of the City Commission was advertised and held as
required by law and all interested parties concerned in the matter were heard, and upon due and
proper consideration given to the matter and to the positive recommendation of the joint
memorandum from the Planning and Zoning Administrator and Planning Consultant; and
WHEREAS, notice has been provided to all interested parties and a neighboring
jurisdiction regarding the application; and
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WHEREAS, the City Commission has reviewed the application, and finds substantial
competent evidence to support a showing by the Applicant that the request for conditional use is
in compliance with the Land Development Regulations and the Comprehensive Master Plan of
the City and 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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
II. INCORPORATION OF RECITALS.
All Recitals are incorporated into the body of this Resolution as if same were fully set forth
herein.
III. APPROV ALS/DENIALS.
The application of Ocean Two Condominium Association, Inc., IS hereby resolved with
modifications as follows:
1. Approved: Conditional Use pursuant to Section 265-13 ofthe Code ofthe
City of Sunny Isles Beach, to permit an existing restaurant for use of the
residents of the condominium and the general public, subject to the
following conditions:
IV. CONDITIONS:
The approval and all conditions listed below are transferable to applicant's successor, buyers or
assignee and subject to the conditions set forth below being performed to the satisfaction of the
City.
1. Upon the submittal of an application for a building permit, the plans submitted shall meet
with the approval of the Planning and Zoning Administrator and shall 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 Ordinance 2003-167 adopted March
20, 2003, the Applicant shall be required to obtain another approval from the City
Commission.
2. That the approval of the plan be shall substantially in compliance with that submitted for
"Ocean Two Condominium Upper Level parking and Lobby P-2, Lower Level Parking
garage P-l ", date stamped received 9-9-03 prepared by the Applicant and plan entitled
"Plan for Restaurant at Ocean Two" dated stamp received 9-9-03, prepared by the
Applicant. Plans may be modified at public hearing.
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3. That the Certificate of Use, Occupational License and any other licenses for the restaurant
shall be listed in the name of Ocean Two Condominium Association Inc. The Certificate
of Use and Occupational License shall be subject to cancellation upon violation of any of
the conditions under this application and any other City Ordinances.
4. That the non-residents of the Ocean Two Condominium shall not be permitted to utilize
the Ocean Two garage facility to gain access to the restaurant.
* 5. That the hours of operation of the restaurant shall be limited to Monday through Thursday
10:00 am to 8:00 pm, Friday and Saturday 9:00 am to 10:00 pm and Sunday 10:00 am to
10:00 pm.
6. That no outdoor speakers, or entertainment shall be permitted with use of the restaurant.
7. Detached, freestanding or wall sign shall not be permitted for the restaurant.
v. SEVERABILITY AND EFFECTIVE DATE.
1. If any section, subsection, clause of provision of this Resolution is held invalid, the
remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions
in conflict herewith shall be and hereby are repealed.
2. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 18th day of December, 2003.
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CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Commission
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*Hours of operation corrected. (6/1/04)
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VOTE: 4-0-1
Mayor Norman Ede1cup
Vice Mayor Goodman A-bse.I'\~ V
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
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Moved by: c.nrt\tr\\~~1 D(U~ Lol ~c;:,~~
Second by: CbMrY\ \ S;<; l 0 IV fJ2_ ll+tl\-L <c..t'L...
yes V no
yes_ no
yes~ no
yes V no
yes V no
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STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
I, JANE A. HINES, City 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. 03-Z-80 adopted by the
City Commission at its meeting held on the 18th day of December, 2003.
Issued: ~~. \3) 2004
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Jane A. Hines, CIty C1etk ' ~
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