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<br />RESOLUTION NO. 2002- .!I:M'" <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, EXTENDING THE TIME <br />REQUIRED FOR APPLICANTS WITH UN-EXPIRED DEVELOPMENT <br />ORDERS TO PROCEED WITH DEVELOPMENT APPROVALS ISSUED <br />BY THE CITY COMMISSION, UNTIL THE DISPOSITION OF THE <br />OMNIPOINT CASE, OR THE ADOPTION OF THE CITY'S LAND <br />DEVELOPMENT REGULATIONS; PROVIDING THE CITY <br />MANAGER WITH THE AUTHORITY TO DO ALL THINGS <br />NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING <br />FOR REPEAL OF RESOLUTION NO. 2002-448; PROVIDING FOR AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, on March 6, 2002, in Miami-Dade County v. Omnivoint Holdings, 817 <br />So.2d 767 (Fla. 3rd 2002), the Third District Court of Appeals declared that the standards used by <br />Miami-Dade County to approve special exceptions, unusual uses, new uses and non-use <br />variances were unconstitutional; and <br /> <br />WHEREAS, the standards . used by the City of Sunny Isles to approve special <br />exceptions, unusual uses, new uses and non-use variances are similar to the standards found to <br />be unconstitutional by the Third District Court of Appeals; and <br /> <br />WHEREAS, the Omnivoint descision has created a climate of uncertainty in the <br />development industry with respect to the financing of development projects by banking <br />institutions; and <br /> <br />WHEREAS, the Omnivoint decision has had a negative impact on the redevelopment of <br />the City; 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 Omnipoint case, or the adoption <br />of the City's Land Development Regulations; <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 for Applicants with <br />Un-expired Development Orders. In accordance with Ordinance No. 2001-117, the two-year <br />period of the development approval period issued to applicants with un-expired development <br />orders, shall be extended for a time period which is equal to the number of days of the time <br />period beginning on the date that the Omnivoint decision was issued and ending on the date that <br /> <br />Extension of Development Approval Period <br />HO:ch <br />A:I <br /> <br />1 <br />