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HomeMy WebLinkAboutReso 2009-1377 RESOLUTION NO. 2009-~7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DELETING THE RESTAURANT USE RESTRICTION CONTAINED IN (1) (E) OF RESOLUTION NO. 00-Z-42 PERTAINING TO THE PROPERTY LOCATED ON 18660 COLLINS AVENUE; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Commission approved a site plan for a shopping center filed by LSB Investment Corp. via Resolution No. 02-2-42 adopted on February 24, 2000; and WHEREAS, as a condition of the approval, the City Commission prohibited restaurant use within the shopping center located at 18660 Collins A venue; and WHEREAS, The City Commission now wishes to delete the restaurant use restriction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Deletion of the Restaurant Use Restriction. The City Commission hereby deletes the restaurant use restriction condition contained in (1 ) (e) of Resolution No. 00-2-42, adopted on February 24, 2000 pertaining the property located at 18660 Collins A venue. Section 2. Authorization of the City Manager and the City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this lcftday of Fcc..B(GU~y ,2009. ATTEST: ~l\~~ Jane A. Hines, CMC, City Clei-I( \ . <. " . ~ :'". Deleting Rc~t. U~c Condition Page 1 of 2 APPROVED AS TO FORM AND LEGA SUFFICIENCY: Moved by: Vl a 'f{\~ \\1M-crJ? Co~ ~~z.;.:J Seconded by: V ote as Follows: S-O Mayor Edelcup Vice Mayor Thaler Commissioned Goodman Commissioned Brezin Commissioned Scholl V(Y es) ---LLtYes) V(Yes) l/ty es) qy es) (No) _(No) (No) (No) _(No) Delcting Rc~t. U~c Condition Page:2 ()f 2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Cry COIJI/JIi,fsiofl Norman S. Edelcup, Afllyor Lewis J. Thaler, Vi,~ MlIyor Roslyn Brezin, C(immif..-iofler Gerry Goodman, Commil:l'ioner George "Bud" Scholl, Gimmi..-..-ifJf/er OF SuN (305) 947-0606 City I Jail (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 hlx Rick Conner, /1dil~~ City Afllflll!!,er Hans Ottinot, (ity /II/omey Jane A. Hines, City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Hans Ottinot, City Attorne~ DATE: February 19,2009 RE: Removing Restriction on Restaurant Use within Property Located at 18660 Collins Avenue RECOMMENDATION: This Resolution is presented for your consideration. REASONS: By Resolution No. 00-2-42, adopted on February 24, 2000, the City Commission approved a site plan filed by LSB Investment Corp. for a shopping center development located at 18660 Collins Avenue. As a condition of the approval, the City Commission prohibited restaurant use within the shopping center. The owner of the shopping center has asked for the removal of the restaurant restriction in order to lease space to restaurants. The removal of the restriction will not negatively impact the surrounding neighborhood because several take-out restaurants already exist at the aforementioned location. Furthermore, the removal of the restriction will not negatively impact the parking requirements for the site because the owner has a lease agreement with the City to provide surplus parking to the shopping center. /Attachment Agenda Item ~ 0 ~ Date ~- \g- 00,