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HomeMy WebLinkAboutOrdinance 2019-541 ORDINANCE NO. 2-°19 • 54 AN ORDINANCE OF THE CITY OF SUNNNY ISLES BEACH, FLORIDA, ESTABLISHING A TWELVE (12) MONTH MORATORIUM ON THE SUBMISSION AND CONSIDERATION OF ZONING APPLICATIONS IN THE TOWN CENTER ZONING DISTRICT WITH CERTAIN EXCEPTIONS; PROVIDING FOR A TWELVE (12) MONTH MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS AS , DEFINED BY SECTION 163.3164, FLORIDA STATUTES, IN THE TOWN CENTER ZONING DISTRICT WITH CERTAIN EXCEPTIONS; PROVIDING FOR WAIVERS; PROVIDING PROCEDURES FOR VESTED RIGHTS AND JUDICIAL REVIEW; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,in 2000,the City adopted the City of Sunny Isles Beach Comprehensive Plan, which envisioned creation of an "Urban Village and Town Center Strategy that unifies and preserves the best qualities of Sunny Isles' district neighborhoods while responding positively and creatively to the need for a true community center to focus the shared social and economic life of the City;" and WHEREAS, in furtherance of this vision, the Comprehensive Plan established the Town Center Future Land Use Map designation as "a planned development district that encompassed both underlying commercial and residential land use categories" and which is "encouraged to become a hub for future urban development intensification around which a more compact and efficient urban structure will evolve;" and WHEREAS, the Town Center Zoning District, as described in Section 265-37 of the City of Sunny Isles Beach Code of Ordinances ("Town Center"), was created by the City Commission in 2004 to provide for the use and development of properties within the area designated in the Comprehensive Plan as the Town Center; and WHEREAS, since the creation of the Town Center, several developments have been approved and constructed, or are in the process of being constructed, which have significantly changed the character of the City and the Town Center area; and WHEREAS, the City is committed to providing a sustainable community for its residents and future generations; and WHEREAS, the City is committed to amending the Town Center Zoning Code to make density and intensity standards in the Code consistent with the density and intensity standards in the Comprehensive Plan for the Town Center District as required by Chapter 163, Florida Statutes and Section 265-78 of the City Code; and WHEREAS, the City requires time to analyze, review, consider, modify, process for adoption, and implement potential changes to its Comprehensive Plan and/or its Land Development Regulations pertaining to the densities and intensities in the Town Center and their 1 impact on, among other things, infrastructure, emergency and public service vehicular traffic, public safety, aesthetics, public welfare and public facilities; and • WHEREAS,the City intends that the City Manager or his or her designee will develop a plan of action to remedy the problems with the existing buildings located on the south side of Sunny Isles Boulevard provided that such plan of action does not require an increase of density and intensity in areas outside of the south side of Sunny Isles Boulevard; and WHEREAS, permitting significant amounts of development prior to studying and implementing such amendments is contrary to ensuring a sustainable community; and WHEREAS,a temporary moratorium on the acceptance of applications for,the processing of, and the issuance of development permits and development orders within the Town Center will allow time for the City to review, study,hold public hearings,prepare, and adopt potential changes to its Comprehensive Plan and/or its Land Development Regulations governing the Town Center area; and WHEREAS, the adoption of this Ordinance is undertaken in good faith and is intended to further the goals of the Comprehensive Plan and the comprehensive planning process set forth in Chapter 163, Florida Statutes; and WHEREAS, the City Commission, in its capacity as the Local Planning Agency, has reviewed this Ordinance and has recommended approval; and WHEREAS, the City Commission held a public hearing at which all citizens so desiring had an opportunity to be heard; and WHEREAS, the City Commission finds that this Ordinance is consistent with the City's adopted Comprehensive Plan and is necessary for the preservation of the public health, safety and welfare of the City's residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA: Section 1. The foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Zoning Moratorium. For a period of twelve (12) months from the effective date of this Ordinance,the City shall not accept, process, or take any action on any application for zoning or rezoning within the Town Center in order to allow time for the City to research, analyze, and consider the adoption of potential amendments to the City's Comprehensive Plan and/or Land Development Regulations to address issues relating to future development within the Town Center. Provided that such moratorium shall not apply to: A. Applications relating to single family residential homes. B. Applications initiated by the City or another governmental agency. Section 3. Building Moratorium. For a period of twelve (12) months from the effective date of this Ordinance, the City shall not accept, process, or take any action on any application for a development permit or development order as defined in Section 163.3164, Florida Statutes, within the Town Center in order to allow time for the City to research, analyze, and consider the adoption of potential amendments to the City's Comprehensive Plan and/or Land Development Regulations 2 to address issues relating to future development within the Town Center. Provided that such moratorium shall not apply to: A. Buildings and structures constructed by a regulated public utility for the purpose of providing utility services. B. Renovations and repairs of existing structures where there is no increase in floor area or height of such structures. C. Building permits for the City and other governmental agencies. D. Revisions to building permits that were approved prior to the effective date of this Ordinance. Section 4. Waivers. In addition to the exceptions in Section 2 and Section 3 of this Ordinance, not contravene the purpose of this Ordinance and will not, in the discretion of the City Commission, materially reduce the existing capacity of public services. any property owner seeking a waiver under this Section 4 must file an application with the City Commission, for a determination within 45 days after the effective date of this Ordinance. The City Commission, after a public hearing, may grant a waiver to the moratorium provided above and permit development to proceed on a specific parcel where the City Commission determines, based upon competent substantial evidence, that the proposed development order or development permit requested by the waiver application will not detrimentally affect or be inconsistent with the regulations that will be created and adopted, will be compatible with surrounding land uses, and will not impair the public health, safety or welfare. The public hearing shall be advertised at least seven days prior to the hearing in a local newspaper. The grant of waiver, if any, will be by resolution. The applicant shall be responsible for a $2,500 waiver application fee and any other standard fees and requirements for a public hearing. Section 5. Determination of Vested Rights or Denial of All Economic Use. A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development of a parcel where the property owner demonstrates, by competent substantial evidence, each of the following: i. A governmental act of development approval was obtained prior to the effective date of this Ordinance; and ii. Upon which the property owner has detrimentally relied, in good faith, by making substantial expenditures; and iii. That it would be highly inequitable to deny the property owner the right to complete the development. B. Any property owner claiming vested rights under this Section 5 must file an application with the City Commission for a vested rights determination within forty-five (45) days after the effective date of this Ordinance. The application shall be accompanied by an application fee of$2,500 and contain a sworn statement as to the basis upon which the vested rights or denial of all use are asserted, together with all documentation required by the City and all other documentary evidence that property owner maintains supports the vested rights claim. The City Commission shall hold a public hearing on the application and, based upon the competent substantial evidence submitted, shall determine whether the property 3 owner has established vested rights based upon the standards provided in Section 5(A). Section 6. Judicial Review. Judicial review of final decisions by the City Commission under Section 4 or 5 of this Ordinance shall be by the filing of a Petition for Writ of Certiorari in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County in accordance with the Florida Rules of Appellate Procedure for the review of quasi-judicial decisions of municipalities. Section 7. Exhaustion of Administrative Remedies. No property owner claiming that_this Ordinance, as applied, constitutes an abrogation of vested rights may pursue such a claim in court, unless he or she has first exhausted the administrative remedies provided in Section 4 and Section 5 of this Ordinance. Section 8. Severability. If any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 9. Conflicts. All Sections or parts of Sections of the Code of Ordinances, all Ordinances or parts of ordinances, and all Resolutions or parts of resolutions, in conflict with this Ordinances are repealed to the extent of such conflict. Section 10. Effective Date. This Ordinance shall be effective immediately upon passage by the City Commission on second reading. PASSED upon first reading this - day of t-U CtUCT , 2019. PASSED AND ADOPTED upon second and final reading this 11day of CEMaf--2019. ' Mayor eorge H. Scholl A +� Mau 'ci• B.-tancur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY ILuIMIist ..._. Edward A. Dion, City Attorney t 4 First Reading Second Reading Motion: VICE dr` SVeC4tnl Motion: v tCE ( 94 SVeak-14 Second: rprAvAtScto(402111-MA Second: C'MPMtSVONEC V tSe+A-'4_ Vote on First Reading: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin " (Yes) (No) Commissioner Goldman (Yes)—�(No) Commissioner Lama I(Yes) (No) Commissioner Viscarra I (Yes) (No) Vote on Second Reading: Mayor Scholl (Yes) (No) Vice Mayor Svechin ✓ (Yes) (No) Commissioner Goldman (Yes) ✓ (No) Commissioner Lama ,/ (Yes) (No) Commissioner Viscarra ✓ (Yes) (No) 5