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HomeMy WebLinkAboutReso 98- 79RESOLUTION NO.98- 19 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GRANTING A REQUEST FOR WAIVER TO ORDINANCE NO. 98-40, IMPOSING A MORATORIUM ON THE FILING AND CONSIDERATION OF ZONING APPLICATIONS AMONG OTHER THINGS, PURSUANT TO SECTION 2 OF SAID ORDINANCE TO AUTHORIZE CONSIDERATION OF A ZONING APPLICATION RELATING TO AN OUT -PARCEL ON BEHALF OF R. K. ASSOCIATES IN THE 1801" STREET SHOPPING CENTER, NOT TO EXCEED 2500 SQUARE FEET IN ACCORDANCE WITH STAFF RECOMMENDATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 16,1998, the City Commission passed Ordinance No. 98-40, imposing a moratorium for consideration of zoning applications and issuance of building permits provided that in accordance with Section 2 of the Ordinance, upon application by a property owner, the City Commission after a public hearing may grant a waiver of the moratorium to authorize the consideration of a zoning application or the issuance of a development order where it determines that the action will not contravene the purpose of this Ordinance, and will not, in its discretion, materially reduce the existing capacity of public services; and WHEREAS, the applicant has submitted the attached request for such a waiver in conjunction with the development of the approval of an out -parcel not to exceed 2500 square feet in the 180`h Street Shopping Center; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Waiver Granted. In accordance with the recommendations from staff and in accordance with the authority permitted by Section 2 of Ordinance No. 98-40, after public hearing, this Commission finds that allowing the scheduling of a zoning R.K. REQUEST FOR WAIVER FROM MORATORIUM RES. -1- hearing on this matter will not contravene the purpose of the Ordinance and will not materially reduce the existing capacity of the public service. Section 2. ZoningHearing earing to be Scheduled. The City Manager is hereby authorized to schedule a zoning hearing upon due and proper notice and once staff has had an opportunity to fully review this matter. Section 3. Effective Date. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 13t' day of Au, C ATTEST:- Rchard,Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4JA ML. Dannheisser, City Attorney Moved by: C�c. Seconded by: la,, Vote: Mayor Samson L/(Yes) Vice Mayor Turetsky ✓(Yes) Commissioner Iglesias (Yes) Commissioner Kauffman (Yes) Commissioner Morrow (Yes) R.K. REQUEST FOR WAIVER FROM MORATORIUM RES. -2- (No) (No) (No) (No) (No) Memo To: The City Commission From: Michael S. Berkman, Building Official Subject: Request for Zoning Moratorium waiver R.K. Associates Shopping Center Date: August 4, 1998 RECOMMENDATION It is recommended that the City Commission grant the requested waiver. REASONS After reviewing the above referenced request, staff has concluded that the grant of a waiver, which would permit the consideration of building and zoning approvals and a development order for a free standing restaurant upon an existing shopping center out -parcel, would not contravene the purpose of the moratorium ordinance and will not materially reduce the existing capacity of public services. There is virtually no possibility of a comprehensive plan objective or policy which would seek to change the character of a long established extensive commercial area on the west side of Collins avenue. Even if such a goal were anticipated, it would not be achievable within the anticipated lifetime of the plan. The impacts to planned levels of service by commercial uses in this district have already been anticipated by the current plan. As they are already accounted for by the plan, no adverse impacts to planned levels of service can result from a single use free standing commercial structure. This is not a recommendation regarding the substance of anv zoning request, but merely a recommendation that the Commission grant a waiver of the moratorium in this specific instance so that the applicant's zoning request may be considered by the Citv at a later date. A tful submitted, Michael S. Berkman, Building Official STANLEY B. PRICE, P.A. DIRECT DIAL 130513502374 E-MAIL SpC 011tcnaT BILZIN SUMBERG DUNN PRICE & AXELROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 2500 FIRST UNION FINANCIAL CENTER 200 SOUTH BISCAYNE BOULEVARD - MIAMI, FLORIDA 33131-2336 TELEPHONE (305)374-7580 - INFOOBILZIN.COM FAX (305)3747593- BROW RD(954)462E808 July 23, 1998 Jim DiPietro, City Manager Lynn Dannheisser, City Attorney City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 Re: Request for waiver of Zoning Moratorium Ordinance Dear Mr. Manager and Ms. City Attorney: On behalf of R.K. Associates, I am respectfully requesting a waiver of the existing zoning moratorium in conjunction with an out -parcel located at R.K. Associates Shopping Center at 180th Street. The request is to permit us to develop a small out - parcel on 180th Street property not to exceed 2,500 square feet. These plans have been submitted to the City in excess of six (6) months ago for staff review and analysis. The purpose of this letter is to ask that we get on the August meeting for the waiver and if so granted, be heard in September by the City Commission. Your prompt attention to this matter will be greatly appreciated. Cordially, Stanle ft, Price SBP:cm CC: Arnold Shevlin Michael Larkin G:\DNIS\73314\10301\0199731.01 7123/98 RECEIVED J428198 Gty oii�Su�nnnnyy Isles Beach