HomeMy WebLinkAboutOrdinance 2020-555ORDINANCE NO. 2020 - 5=—
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
EXTENDING THE TERM OF ORDINANCE NO. 2019-541 FOR AN
ADDITIONAL SIX (6) MONTHS FROM SEPTEMBER 19, 2020;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2019-541 adopted on second reading on
September 19, 2019, the City Commission of the City of Sunny Isles Beach ("City") imposed a
twelve (12) month moratorium on the acceptance of applications for, the processing of, and the
issuance of, development permits and development orders within the Town Center Zoning
District, as described in Section 265-37 of the City of Sunny Isles Beach Code of Ordinances
("Town Center"); and
WHEREAS, since the adoption of Ordinance No. 2019-541, which is attached hereto as
Exhibit "A" and incorporated by reference, the City has been directly affected by the Novel
Coronavirus Disease 2019 ("COVID-19"); and
WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among
humans through respiratory transmission and other potential methods, and presents symptoms
similar to those of influenza, and in some cases can be fatal; and
WHEREAS, as a result of COVID-19, on March 9, 2020, Governor DeSantis issued
Executive Order Number 20-52 declaring a State of Emergency in the State of Florida; and
WHEREAS, on March 12, 2020, the City Manager also declared a Local Emergency,
which has been renewed every seven (7) days and is still in effect at this time; and
WHEREAS, the City is threatened by COVID-19 because of the apparent ability of the
virus to spread rapidly among humans, and COVID-19 thereby constitutes a clear and present
threat to the health, safety, and welfare of the citizens and visitors of the City; and
WHEREAS, as a result of the ongoing declared state of emergency caused by COVID-19,
there have been significant challenges and physical barriers in place that have impeded the ability
of City staff and the City's consultants from completing the review and studies necessary to
finalize the final phases of analyses related to potential changes to the City's Comprehensive
Plan and/or its Land Development Regulations pertaining to the Town Center; and
WHEREAS, it was not until as recently as June 4, 2020, that the City Commission held a
workshop, wherein the City's consultant, Calvin, Giordano & Associates, Inc., presented its
analysis and summary of its public engagement efforts with respect to the newly created Town
Center North Overlay land use district; and
WHEREAS, the City Commission finds that additional time is needed for staff to conclude
its studies, and to process 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
Ordinance Extending Moratorium TCD Page I of 3
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. Incorporation of Whereas Clauses. The foregoing Whereas clauses are hereby
ratified and incorporated as the legislative intent of this Ordinance.
Section 2. Extension of Zoning Moratorium. That the moratorium on the acceptance,
processing, or taking of any action on any application for zoning or rezoning within the boundaries
of the Town Center, as set forth in Ordinance No. 2019-541, is hereby extended for an additional
six (6) months from September 19, 2020, to allow additional time for the City to complete its
research, analysis, and consider various options with respect to 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.
Section 3. Extension of Building Moratorium. That the moratorium on the acceptance,
processing, or taking of any action on any application for a development permit or development
order as defined in Section 163.3164, Florida Statutes within the Town Center, as set forth in
Ordinance No. 2019-541, is hereby extended for an additional six (6) months from September 19,
2020, to allow additional time for the City to complete its research, analysis, and consider various
options with respect to 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.
Section 4. 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 5. 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 6. Effective Date. This Ordinance shall be effective immediately upon passage by
the City Commission on second reading.
Ordinance Extending Moratorium TCD Page 2 of 3
PASSED on first reading, this /may of July 2020.
PASSED AND ADOPTED on second reading, this ' r"day of September 2020.
f
George H. Scholl, Mayor
1 ,/^I
d
Mauricio getancur, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Edward A. Dion, City Attorney
First Reading
Motion: e N
Second: $
yx�
Vote on First Reading:
Mayor Scholl
Vice Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
Vote on Second Reading:
Mayor Scholla-;4A6/IT-
Vice Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
Second Reading
Motion:
11 • • �! r' r �� f(�i
V (Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
Ordinance Extending Moratorium TCD Page 3 of 3
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
"NY
ISC
s City of Sunny Isles Beach
n 18070 Collins Avenue
- Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
FLOA 0` (305) 949.3113 Fax
Ty OF SUN ht,
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Edward A. Dion, City Attorney
DATE: 9/17/2020
Ordinance Extending the Moratorium on the Submission
RE: and Consideration of Zoning Applications in the Town
Center District
RECOMMENDATION:
This Ordinance is presented for your consideration.
REASONS:
On September 19, 2019, the City Commission adopted Ordinance No.
2019-541 imposing a twelve (12) month moratorium on the
acceptance of applications for, the processing of, and the issuance of,
development permits and development orders within the Town Center
Zoning District ("Town Center"). Since the adoption of Ordinance No.
2019-541, the City has been directly affected by the Novel
Coronavirus Disease 2019 ("COVID-19"). On March 12, 2020,
following the Governor's declaration of a State of Emergency, the City
Manager also declared a Local Emergency, which has been renewed
every seven (7) days and is still in effect at this time.
As a result of the ongoing declared state of emergency, additional time
is needed for City staff and its consultants to conclude its studies, and
to process and implement potential changes to its Comprehensive
Plan and/or its Land Development Regulations pertaining to the
densities and intensities in the Town Center. Therefore, the proposed
Ordinance seeks to extend the moratorium established in Ordinance
No. 2019-541, by an additional six (6) months from September 19,
2020.
ATTACHMENTS:
Description
Ordinance
Exhibit "A" (Added 7/16/2020)
Item Number: 9.A.
ORDINANCE NO. "2° 1 � • 54 I
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 Towri Center area; and
WHEREAS, the City is committed top roviding 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
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
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,
> aAer a publie hearing,
may gr -an
Conmnissien, materially .,, ue.. the .,,.ist.a,s anyproperty owner
seeking a waiver under this Section 4 must file an application with the City ommission 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 swom 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
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 2813�day of fw 6tUST , 2019.
PASSED AND ADOPTED upon second and final reading this 11t4ay of
ity Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
�Ajvd /]. b �
Edward A. Dion, City Attorney
H. Scholl
First Reading
Motion: VI's MAa SyeArJ
Second: PDp4%QI'.toNtC- 4MA
Vote on First Reading:
Mayor Scholl
Vice Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
Second Reading
Motion: %W NAg6C sv ;CW4
Second: �ffi*kc,�(OrAee-,
V IC -e4.."4-
✓ (Yes)
(No)
�- (Yes)
(No)
(Yes) (No)
T (Yes)
(No)
✓ (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)
Coversheet
SUNNY 73<ff
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
FLO"�,gsa (305)949-311 H6 City all
3 Fax
Jy os SVN �
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Edward A. Dion, City Attorney
DATE: 9/17/2020
Ordinance Extending the Moratorium on the Submission
RE: and Consideration of Zoning Applications in the Town
Center District
RECOMMENDATION:
This Ordinance is presented for your consideration.
REASONS:
On September 19, 2019, the City Commission adopted Ordinance No.
2019-541 imposing a twelve (12) month moratorium on the
acceptance of applications for, the processing of, and the issuance of,
development permits and development orders within the Town Center
Zoning District ("Town Center"). Since the adoption of Ordinance No.
2019-541, the City has been directly affected by the Novel
Coronavirus Disease 2019 ("COVID-19"). On March 12, 2020,
following the Governor's declaration of a State of Emergency, the City
Manager also declared a Local Emergency, which has been renewed
every seven (7) days and is still in effect at this time.
As a result of the ongoing declared state of emergency, additional time
is needed for City staff and its consultants to conclude its studies, and
to process and implement potential changes to its Comprehensive
Plan and/or its Land Development Regulations pertaining to the
densities and intensities in the Town Center. Therefore, the proposed
Ordinance seeks to extend the moratorium established in Ordinance
No. 2019-541, by an additional six (6) months from September 19,
2020.
ATTACHMENTS:
Description
Ordinance
Exhibit "A" (Added 7/16/2020)
Page 1 of 1
Item Number: 9.A.
https:Hsunnyisles.novusagenda. com/agendapublic//CoverSheet. aspx?ItemlD=2832&Meeti... 9/16/2020