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HomeMy WebLinkAboutReso 98- 95RESOLUTION NO. 98-C�& 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 180TH STREET SHOPPING CENTER, NOT TO EXCEED 3500 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 ofbuilding 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 3500 square feet in the 1801h 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 12'h day of November, 1998. David Samson, ATTEST: ` r ,"Ri�char0rown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Lynn M. Dannheisser, City Attorney Moved by: Seconded by: Vote: Mayor Samson (No) Vice Mayor Turetsky -✓7`-(Yes) V (Yes) (No) Commissioner Iglesias ✓ (Yes) (No) Commissioner Kauffinan (Yes) (No) Commissioner Morrow (Yes) (No) R.K. REQUEST FOR WAIVER FROM MORATORIUM RES. -2- IX49i' Memo To: The City Commission From: Michael S. Berkman, Building Official Subject: Request for Zoning Moratorium waiver R.K. Associates Shopping Center Date: October 27, 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 any 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