HomeMy WebLinkAboutResolution Zoning 98-Z- 14
RESOLUTION NO. 98-Z-14
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
SPECIAL EXCEPTION TO PERMIT A SERVICE BAR IN
CONJUNCTION WITH A PROPOSED RESTAURANT AND A
SPECIAL EXCEPTION OF SPACING REQUIREMENTS AS
APPLIED TO ALCOHOLIC BEVERAGE USES WITH
CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Emerald Coast Aventura, Inc., has applied for the following:
1. Special exception to permit a bar in conjunction with a proposed restaurant and
2. Special exception of spacing requirements as applied to alcoholic beverages to permit
aforementioned bar space less than the required 1,500 feet from another alcoholic beverage
use and spaced less than the required 2,500 feet from a religious facility.
SUBJECT PROPERTY:
TRACT "A" OF R. K. COMMERCIAL CENTER SOUTH, according to the Plat
thereof as recorded in Plat Book 148 at page 72, recorded May 31, 1996, of the
Public Records of Dade County, Florida
Also known as:
A portion of Lot 1 "TATUM'S OCEAN PARK" according to the Plat thereof as
recorded in Plat Book 1 0 at Page 64 of the Public Records of Dade County, Florida
and a portion of Section 11, Township 52 South, Range 42 East, Dade County,
Florida, all being more particularly described as follows:
BEGIN at the intersection of the north line of the south 300 feet of said Lot 1 with
the westerly right-of-way line of State RoadA-I-A as shown on State of Florida State
Road Department right-of-way map as recorded in Plat Book 46 at Page 40 of the
Public Records of Dade County, Florida; thence S85054'46"W along said north line
of the South 300 feet of said Lot 1 for 452.19 feet; thence SOl o32'56"W for 246.21
feet; thence S02 0 51 '03" W for 394.10 feet (Last mentioned two courses being
coincident with the east line of Tract "A", "PLAZA OF THE AMERICAS SECTION
ONE" as recorded in Plat Book 106 at Page 66 of the Public Records of Dade
County, Florida); thence N85 0 54'46"E for 302.22 feet (303.32 feet per deed); thence
N02051'03"E (N02051'31"E per deed) for 84.21 feet; thence N85054'56"E for
138.36 feet (137.25 feet per deed); thence N080 15'46"E along the westerly right of
Resolution No, 98-Z-14
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way line of State Road A-I-A as shown on State of Florida State Road Department
right-of-way map section no. 87170-2517 for 105.07 feet; thence S85054'46"W for
148.34 feet (147.24 feet per deed); thence N02051'03"E for 151.11 feet; thence
N85 o54'46"E along the south line of the said South 300 feet of said Lot 1 for 151.11
feet (150.13 feet per deed) to a point on the westerly right-of-way line of State Road
A-I-A as said right-of-way is shown on the State of Florida State Road Department
right-of-way map as recorded in Plat Book 46 at Page 40 of the Public Records of
Dade County, Florida; the following two (2) courses being along said westerly right-
of-way line of said State Road A-I-A; (1) thence N02051'03"'E for 5.51 feet; (2)
thence NOl o32'56"E for 295.96 feet, (301.46 feet per deed is a total distance of the
previous 2 courses, along said westerly right-of-way line of said State Road A-I-A),
to the POINT OF BEGINNING, lying and being in Dade County, Florida.
ADDRESS: 16850 Collins Avenue
WHEREAS, a 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 having been given to the matter and to the positive recommendations of both the
Zoning and Code Administrator and Building Official; and
WHEREAS, the City Commission found that numerous other alcoholic beverages uses
already exist in the commercial area as well as along Collins A venue and that these uses consist of
bars solely for the purpose of providing liquor in conjunction with a restaurant where the primary
intent is for the bar to be used in the waiting area with no barstool and liquor to be served only when
food is being served when patrons are seated at the table, such use being compatible with the
surrounding area and would not cause any detriment to adjoining neighborhood of businesses;
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, that the request for special exception to permit a bar in
conjunction with a proposed restaurant and spacing requirements as applied to alcoholic beverage
uses be and the same are hereby approved subject to the following conditions:
1. That a site plan be submitted to and meet the approval of the Building Official upon the
submittal of an application for building permit; said plans to include among other things, but
not limited to, the location of structure or structures, type, sizes and locations of signs like
standard off-street parking areas, exits and entrances, drainage walls, etc.;
2. That in the approval of the plan the same be substantially in accordance with those submitted
for hearing entitled "Emerald Coast Restaurant", prepared by Arcwerks Incorporated dated
revised 10/1/97 on sheet AI, dated revised 3/4/98 on sheet A4 and A7, site plans entitled
"RK Commercial Center South," prepared by Fortin, Leavy, Skiles, Inc., dated 12/12/96 and
"RK Center at A ventura Beach," prepared by Kobi Karp dated stamped received 4/3/98, and
a plan entitled "Liquor Survey," prepared by Fortin, Leavy, Skiles, Inc., dated 12/4/97.
Resolution No, 98.Z-14
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3. That the use be established and maintained in accordance with approved plans.
4. That the applicant voluntarily proffer a Declaration of Restrictions acceptable to the Building
Official restricting the use on the bar.
5. That the applicant obtain a Certificate of use and Occupancy from the City, upon compliance
with all terms and conditions, subject to cancellation upon violation of any of the conditions.
6. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 11th day of June, 1998.
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By:
CITY OF S
By its City Co
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~9-L
ynn M. Dannheisser, City Attorney
Commissioner Morrow moved and Vice Mayor Turetsky seconded approval of the requested zoning
modifications, and upon a roll call the vote was 4- 0-1 in favor:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
v/ yes
i/' yes
V yes
_yes
JLyes
_no
_no
_no
_no
_no
~bsent
Resolution No, 98-Z-14
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STATE OF FLORIDA )
)ss:
COUNTY OF DADE )
I, RICHARD BROWN-MORILLA, 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. 97-Z-14 adopted
by the City Commission at its meeting held on the 11th day of June, 1998.
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Richard Brown-Morilla
City Clerk
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Resolution No, 98-Z-14
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