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08-05-08 Item 141 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 1'} RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA REPEALING RESOLUTION NO. 105 -08 -12702 WHICH CONTINUED UNTIL OCTOBER 1, 2008 A THREE MONTH MORATORIUM ON APPROVALS OF OUTDOOR RESTAURANT SEATING /DINING PERMITS PROVIDING AN EFFECTIVE DATE. WHEREAS, Land Development Code Sections 20- 3.3(E) and 20 -7.29 provides regulations governing outdoor seating /dining permits; and WHEREAS, the Planning Board, the City Commission and City Administration have responded to concerns related to conditions existing in current outdoor seating /dining areas by producing an ordinance which amends certain provisions contained in the Land Development Code; and . WHEREAS, the Mayor and City Commission adopted Resolution No. 105 -08 -12702 on June 10, 2008 which established a moratorium lasting until October 1, 2008 on permits for outdoor restaurant and seating / dining permits in order allow time to modify Land Development Code Section 20- 3.3(E) and Section 20 -7.29; and WHEREAS, the Mayor and City Commission have adopted an ordinance which will amend Land Development Code Section 20- 3.3(E) and Section 20 -7.29 in order to establish new and updated regulations for permitting outdoor restaurant and seating / dining. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. Resolution No. 105 -08 -12702 adopted on June 10, 2008 which established a moratorium on permits for outdoor restaurant and seating / dining permits is hereby repealed. Section 2. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1' day of 52008 APPROVED: MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 K READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: XAComm Items\2008 \8 -5 -08 \Outdoor seating Remove Moratorium Resolution Resol.doc 2