Loading...
HomeMy WebLinkAboutReso 2019-3006 RESOLUTION NO. 2019 - P A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,ADOPTING A PLAN OF ACTION TO ACHIEVE CONFORMITY AND CONSISTENCY BETWEEN THE COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT REGULATIONS, AS IT RELATES TO THE TOWN CENTER DISTRICT, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 19th,2019 via Ordnance No. 2019-541 ("Ordinance"),the City Commission established a twelve (12) month moratorium on the submission and consideration of zoning applications in the Town Center Zoning District ("TCD"); and WHEREAS, the Ordinance also provided for a twelve (12) month moratorium on the issuance of development orders and development permits as defined by Section 163.3164, F.S.; and WHEREAS, on August 28th, 2019 via Resolution No. 2019-2967, the City Commission declared a"Zoning in Progress" relating to the development and redevelopment in the TCD; and WHEREAS, pursuant to Section 163.3194 (1)(b), F.S., local governments are required to adopt a schedule for bringing the land development regulations into conformity with the provisions of the most recently adopted comprehensive plan; and WHEREAS, the City wishes to achieve conformity and consistency between its Comprehensive Plan and its Land Development Regulations; and WHEREAS, the City Commission now wishes to establish a plan of action detailing the steps to follow to achieve conformity and consistency between the Comprehensive Plan and the Land Development Regulations of the City, attached hereto as Exhibit"A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. All recitals set forth herein are hereby incorporated into this resolution. Section 2. Adoption of Plan of Action.The City Commission hereby adopts the Plan of Action detailing the steps to follow to achieve conformity and consistency between the Comprehensive Plan and the Land Development Regulations of the City, attached hereto as Exhibit"A". Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section. 4. Effective Date. This resolution shall become effective upon adoption. R2019 Plan of Action for Comp Plan Page 1 of 2 PASSED AND ADOPTED this 17th day of Octobe 19. • George H. choll, Mayor ,ATT ST' ', Mauricio Bet:. ur, City Clerk .1, • )• APPROVED AS TO FORM AND LEGAL SUFFICIENCY 1441. Edward A. Dion, City Attorney Moved by: \i(e-6 Nitta- SVCS Seconded by: C..0#41k(C-g-t0,461C- Vote: -Vote: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin ✓ (Yes) (No) Commissioner Goldman (Yes) V (No) Commissioner Lama ✓ (Yes) (No) Commissioner Viscarra ✓ (Yes) (No) R2019 Plan of Action for Comp Plan Page 2 of 2 PLAN OF ACTION-TOWN CENTER DATE ACTION PURPOSE 28-Aug-19 Passed and Adopted Resolution No.2019-2967 Declare'Zoning in Progress"for the entire Town Center Zoning District 19-Sep-19 Passed and Adopted Ordinance No.2019-541 Establish a 12-month moratorium on the submission and consideration of zoning applications October/December by Ordinance Propose Comprehensive plan amendment to subdivide Town Center Development District October/December by Ordinance Propose Comprehensive plan amendment to provide for density and intensity in Town Center South District only November/April by Resolution Propose public engagement activities to discuss Town Center District North December/January 2020 by Ordinance Propose new Land Development Regulations for the Town Center South District only May/luly 2020 by Ordinance Propose modifications to the Comprehensive Plan and/or Land Development Regulations according to the results of the Public engament activities July/September 202C by Ordinance Finalize and adopt Land Development Regulations September 2020 by Ordinance If the City's Land Development Regulations and Comprehensive Plan are consistent and In compliance,lift the Zoning in Progress and Moratorium statutes ac constitution :Viewstatutes : Online sunshine Yage I of'l Select Year: 2019 u Go The 2019 Florida Statutes • • Title XI • Chapter.163 View Entire • COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3194 Legal status of comprehensive plan.— (1)(a) After a-comprehensive plan, or element or portion thereof, has been adopted in conformity with this act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan or element shall be consistent with such plan or element as adopted. (b) All land development regulations enacted or amended shall be consistent,with the adopted comprehensive plan, or element or portion thereof, and any land development regulations,existing at the time of adoption which are not consistent with the adopted comprehensive plan; or;element or portion thereof, shall be amended so as to be consistent. If a local government allows an'existirig land development regulation which is inconsistent with the most recently adopted comprehensive plan; or element or portion thereof, to remain in effect, the local government shall adopt a schedute for bringing the land development regulation into conformity with the provisions of the mostrecently'adopted comprehensive plan, or element or portion thereof. During the interim period When the-provisions of the most recently adopted comprehensive plan, or element or portion thereof, and-the land.development regulations are inconsistent, the provisions of the most recently adopted compreh sive plan,`or element or portion thereof, shalt govern any action taken in regard to an application fora de elopment order. (2) After a comprehensive plan for the area, or element or portion thereof, is adopted by:thel governing body, no land development regulation, land development code, ora,erdment trereto shall be adopted by the governing body until such regulation, code, or amendment fiasbeen refereed either to the local planning agency or to a separate land development regulation commission created pursuant to local ordinance, or to both, for review and recommendation as to the relationship of such proposal to the adopted comprehensive plan, or element or portion thereof. Said recommendation shall be made within a reasonable time, but no later than within 2 months after the time of reference. If a recommendation is not made within the time provided, then the governing body may act on the - adoption. (3)(a) A development order or land development regulation shalt be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the objectives policies,:land land J , P , uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. . (b) A development approved or undertaken by a local government shall be consistenf�with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of the development are compatible with and further the objectives, policies, land uses, and densities or 208 http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App... 10/9/2019 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. (4)(a) A court, in reviewing local governmental action or development regulations under this act, may consider, among other things, the reasonableness of the comprehensive plan, or element or elements thereof, relating to the issue justiciably raised or the appropriateness and completeness of the comprehensive plan,'or element or elements thereof, in relation to the governmental action or development regulation under consideration. The court may consider the relationship of the • comprehensive plan, or element or elements thereof, to the governmental action taken or the • development regulation involved in litigation, but private property shall not be-taken without due • - - - process of Law and the payment of just compensation. - (b) It is the intent of this act that the comprehensive plan set general guidelines_and principles concerning its purposes and contents and that this act shall be construed broadly to accomplish its stated purposes and objectives. (5) The tax-exempt status of lands classified as agricultural under s. 193.461 shall not be affected by any comprehensive plan adopted under this act as long as the land meets the criteria set forth in s. 193.461. (6) If a proposed solid waste management facility is permitted by the Department of Environmental Protection to receive materials from the construction or demolition of a road or other transportation facility, a local government may not deny an application for a development approval for a requested land use that would accommodate such a facility, provided the local government previously approved a land use classification change to a local comprehensive plan or approved a rezoning to a category allowing such land use on the parcel, and the requested land use was disclosed during the previous comprehensive plan or rezoning hearing as being an express purpose of the land use changes. History.—s. 12,ch. 75-257; s. 1, ch.77-174; s.2,ch. 77-223; s. 12, ch. 80-358; s.69, ch. 81-259;s. 11, ch.85-55; s. 33, ch.2002-296. Copyright©1995-2019 The Florida Legislature • Privacy Statement • Contact Us 209 http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&S ubMenu=1&App... 10/9/2019