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<br />RESOLUTION NO. 2002- 44 ~ <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, EXTENDING THE TIME <br />REQUIRED FOR FIVE SEAS INVESTORS, INC., TO PROCEED WITH <br />THE DEVELOPMENT APPROVAL GRANTED UNDER ZONING <br />RESOLUTION NO. 02-Z-66, UNTIL THE DISPOSITION OF THE <br />OMNIPOINT CASE, OR THE ADOPTION OF A CURATIVE <br />ORDINANCE; PROVIDING THE CITY MANAGER WITH THE <br />AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE <br />THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, at a public hearing on February 5, 2002, the City Commission approved the <br />zoning application filed by Five Seas Investors, Inc.; and <br /> <br />WHEREAS, on February 25, 2002, the City Commission issued a zoning resolution that <br />memorialized the decision at the public hearing; and <br /> <br />WHEREAS, on March 27, 2002, a third party filed a lawsuit with the Circuit Court of <br />Miami-Dade County challenging the approval of the zoning application, based on the Omnipoint <br />decision issued by the Third District Court of Appeals; and <br /> <br />WHEREAS, the City Commission believes that an extension of the effective period of <br />development approvals, is warranted until the disposition of the Omnivoint case, or the adoption <br />of a curative ordinance; <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. <br />herein. <br /> <br />Incorporation of Recitals. The recitals stated above are hereby incorporated <br /> <br />Section 2. Extension of the Effective Period of Development Approvals. In accordance with <br />Ordinance No. 2001-117, the two-year period of the development approval period issued to Five <br />Seas Investors, Inc., shall be extended for a time period which is equal to the number of days of <br />the time period beginning on the date that the third party challenge was filed and ending on the <br />date that all appeal periods expire with respect to a final determination of the third party <br />challenge or the adoption of a curative ordinance with respect to the Omnipoint case, whichever <br />comes first. <br /> <br />Section 3. Authority of City Manager. The City Manager is hereby authorized to do all <br />things necessary to effectuate this Resolution. <br /> <br />Section 4. <br /> <br />Effective Date. This Resolution is effective upon adoption. <br /> <br />Extension of Time to Five Seas Development <br />HO:ch <br />A:I <br />