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ORDINANCE NO. 2021 -
<br />AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
<br />EXTENDING THE TERM OF ORDINANCE NO. 2019-541, A S
<br />EXTENED BY ORDINANCE NO. 2020-555, FOR AN
<br />ADDITIONAL SIX (6) MONTHS FROM MARCH 19, 2021;
<br />PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
<br />PROVIDING FOR AN EFFECTIVE DATE.
<br />WHEREAS, on September 19, 2019, the City Commission of the City of Sunny Isles
<br />Beach ("City"), adopted Ordinance No. 2019-541 on second reading, imposing a twelve (12)
<br />month moratorium on the acceptance of applications for, the processing of, and the issuance of,
<br />development permits and development orders within the Town Center Zoning District, as
<br />described in Section 265-37 of the City of Sunny Isles Beach Code of Ordinances ("Town
<br />Center"); and
<br />WHEREAS, on December 19, 2019, the City Commission adopted on second reading
<br />Ordinance No. 2019-549, which created a Town Center South Overlay District and a Town
<br />Center North Overlay District and provided for density and intensity in the Town Center South
<br />Overlay District for the first time; and
<br />WHEREAS, on December 19, 2019, the City Commission also adopted on second
<br />reading Ordinance No. 2019-550 which effectuated Future Land Use Map (FLUM)
<br />Amendments to reflect the creation of the Town Center South Overlay and the Town Center
<br />North Overlay and providing for land use designation amendments for certain properties located
<br />in the Town Center South; and
<br />WHEREAS, on January 17, 2020, a Petition for Administrative Hearing (Case No. 20-
<br />0190GM) ("Petition") was filed with the State of Florida Division of Administrative Hearings
<br />("DOAH") challenging the City's adoption of Ordinance Nos. 2019-549 and 2019-550
<br />("Comprehensive Plan Amendments"); and
<br />WHEREAS, soon thereafter, on March 9, 2020, Governor DeSantis issued Executive
<br />Order Number 20-52 declaring a State of Emergency in the State of Florida as a result of the Novel
<br />Coronavirus Disease 2019 ("COVID-19"), which has been renewed every sixty (60) days and is
<br />still in effect at this time; and
<br />WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among
<br />humans through respiratory transmission and other potential methods, and presents symptoms
<br />similar to those of influenza, and in some cases can be fatal; and
<br />WHEREAS, on March 12, 2020, the City Manager also declared a Local Emergency,
<br />which has been renewed every seven (7) days and is still in effect at this time; and
<br />WHEREAS, on March 17, 2020, as a result of the Governor's Executive Order 20-51,
<br />and DOAH's Administrative Order AODOAH2O-21, the Administrative Law Judge ("ALJ")
<br />cancelled the final hearing on the Petition scheduled for April 2, 2020; and
<br />WHEREAS, the ALJ reset the final hearing challenging the City's Comprehensive Plan
<br />Amendments for July of 2020, however, on July 7, 2020, the Petitioner filed a Motion for
<br />Continuance, citing the COVID-19 pandemic as a basis for the continuance, which the ALJ
<br />02021 Extend Zoning Moratorium Six Months Pagel of4
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