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HomeMy WebLinkAboutReso 2019-2967 RESOLUTION NO. 19 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DECLARING "ZONING IN PROGRESS" RELATING TO DEVELOPMENT AND REDEVELOPMENT IN THE TOWN CENTER ZONING DISTRICT; DETERMINING THAT APPLICATIONS FOR DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS SHALL BE SUBJECT TO THE ZONING IN PROGRESS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution and Section 166.021, Florida Statutes, the City has the governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power except when expressly prohibited by law; and WHEREAS, the City Commission determines that it is in the best interests of its residents, businesses and visitors to enact sufficient zoning regulations to ensure their health, safety, and welfare; and WHEREAS, recent issues have arisen which requires further study and community input to determine the future development of properties located within the City's Town Center Zoning District; and WHEREAS, the City Commission is considering the adoption of a temporary moratorium on the issuance of development orders and development permits as defined by Section 163.3164, Florida Statutes, for properties located within the City's Town Center Zoning District, to allow time to review, study, hold public hearings, and prepare and adopt revisions to the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, until the City Commission has time to review, study and hold public hearings, prepare and adopt revisions, the City Commission finds that it is in the best interests of the City to declare that there is "zoning in progress" relating to these issues and that any application, inquiry or submittal shall be made subject to the ultimate determinations to be made by the City Commission; and WHEREAS, the City's Land Planning Agency has recommended approval of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and correct and the same are hereby made part of this Resolution. Section 2. Zoning in Progress. The City is currently engaged in "zoning in progress" relating to the establishment of criteria for future development and redevelopment in the City's Town Center Zoning District. Any applications for, the processing of, and the issuance of development permits and development orders, as those terms are defined in Section 163.3164, Florida Statutes, or any other official action of the City relating to the development or redevelopment of properties within the City's Town Center Zoning District shall be subject to the zoning which is in progress even though not finalized and adopted at the time the particular application was submitted. Section 3. Deemed Notice. Applicants for such development permits and development orders are hereby deemed to be on notice of the applicability of these provisions. Section 4. Effective Date. This Resolution shall become effective upon passage. PASSED AND ADOPTED on this 28°i day • • ugust 019. George H. choll, Mayor A LS, / L ► Mauri io Beta cur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY &/1411 Edward A. Dion, City Attorney Moved by: COM V 41 5'710166-- VI SS 1k Second by: V 1 CC '`11ild- SVG VOTE: Mayor Scholl 1 (Yes) (No) Vice Mayor Svechin I(Yes) (No) Commissioner Goldman 1(Yes) (No) Commissioner Lama I(Yes) (No) Commissioner Viscarra I(Yes) (No) C ity of S unny I sles B each 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission George “Bud” Scholl, Mayor Larisa Svechin, Vice Mayor Dana Goldman, Commissioner Alex Lama, Commissioner Jeniffer Viscarra, Commissioner Christopher J. Russo City Manager Ed Dion, City Attorney Mauricio Betancur, CMC, City Clerk MEMORANDUM TO: Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: August 28, 2019 RE: Declaring “Zoning In Progress” in the Town Center District (TCD) RECOMMENDATION This Resolution is presented for your consideration. REASONS The City is proposing to declare “Zoning in Progress” relating to development and redevelopment applications in the Town Center District (TCD). This “zoning in progress” is applicable to any and all applications regardless of their status and for the processing of any application. This “Zoning in Progress” is also applicable to the issuance of development permits and any other official action within the TCD when relating to the development or redevelopment of properties. Simply put, all developments and redevelopment applications that require a zoning review are affected by this “Zoning in Progress”.