2013-0516 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting May 16.2013 City of Sunny Isles Beach.Florida Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the proposed ordinance on first reading, as amended. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday,June 20, 2013, at 6:30 p.m. Vote: Commissioner Gatto ves Commissioner Levin ves Commissioner Scholl ves Vice Mayor Aelion ves Mayor Edelcup ves 7B. Public Hearing: An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 265 "Zoning" Section 265-34 of the City Code to Clarify Permitted Retail and Office Uses Within the Medium-High Density Multifamily Residential (RA1F-2) District; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code; and Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this is to clarify in the City Code that commercial units in condos located in the RMF-2 District are required to primarily serve residents of the condominium and its guests. This ordinance is required to prohibit expansion of commercial uses located in those condos. Public Speakers: None Vice Mayor Aelion said he was drawn to the example of the restaurant Pumpernik in Arlen House but that is part of the common element, and so it basically would mean outside structure and that is open to outside people and so he felt it created some sort of gray area for the definition. City Attorney Ottinot said for clarification purposes it is a unit inside a condo, and Pumpemik, while it is connected,the entry point is outside. Vice Mayor Aelion asked if they paid a rent to the condominium because that would define it. Commissioner Scholl said you could even argue that in the Ordinance because most of the folks that eat there live in the condo. Mayor Edelcup said who would determine the word "primarily", is that something that we would do? Is that something that the City has to police and monitor to determine that it is a primary benefit to its condo? City Attorney Ottinot said they have to go through a licensing process when they apply for a license, and we have a perfect example with the traffic school to have a business within a condo, on its face we knew that was not for the residents of the condo. Mayor Edelcup said then that we do have controls in place. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the proposed Ordinance on first reading. The motion was approved by a roll call vote of 5- 0 in favor. Second reading, public hearing will be held on Thursday,June 20,2013,at 6:30 p.m. Vote: Commissioner Gatto ves Commissioner Levin ves Commissioner Scholl ves Vice Mayor Aelion ves Mayor Edelcup ves 5