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HomeMy WebLinkAboutOrdinance 2021-563ORDINANCE NO. 2021 - AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, EXTENDING THE TERM OF ORDINANCE NO. 2019-541, A S EXTENED BY ORDINANCE NO. 2020-555, FOR AN ADDITIONAL SIX (6) MONTHS FROM MARCH 19, 2021; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 19, 2019, the City Commission of the City of Sunny Isles Beach ("City"), adopted Ordinance No. 2019-541 on second reading, 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, as described in Section 265-37 of the City of Sunny Isles Beach Code of Ordinances ("Town Center"); and WHEREAS, on December 19, 2019, the City Commission adopted on second reading Ordinance No. 2019-549, which created a Town Center South Overlay District and a Town Center North Overlay District and provided for density and intensity in the Town Center South Overlay District for the first time; and WHEREAS, on December 19, 2019, the City Commission also adopted on second reading Ordinance No. 2019-550 which effectuated Future Land Use Map (FLUM) Amendments to reflect the creation of the Town Center South Overlay and the Town Center North Overlay and providing for land use designation amendments for certain properties located in the Town Center South; and WHEREAS, on January 17, 2020, a Petition for Administrative Hearing (Case No. 20- 0190GM) ("Petition") was filed with the State of Florida Division of Administrative Hearings ("DOAH") challenging the City's adoption of Ordinance Nos. 2019-549 and 2019-550 ("Comprehensive Plan Amendments"); and WHEREAS, soon thereafter, on March 9, 2020, Governor DeSantis issued Executive Order Number 20-52 declaring a State of Emergency in the State of Florida as a result of the Novel Coronavirus Disease 2019 ("COVID-19"), which has been renewed every sixty (60) days and is still in effect at this time; 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, 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, on March 17, 2020, as a result of the Governor's Executive Order 20-51, and DOAH's Administrative Order AODOAH2O-21, the Administrative Law Judge ("ALJ") cancelled the final hearing on the Petition scheduled for April 2, 2020; and WHEREAS, the ALJ reset the final hearing challenging the City's Comprehensive Plan Amendments for July of 2020, however, on July 7, 2020, the Petitioner filed a Motion for Continuance, citing the COVID-19 pandemic as a basis for the continuance, which the ALJ 02021 Extend Zoning Moratorium Six Months Pagel of4 granted; and WHEREAS, as a result of the Petition challenging the City's Comprehensive Plan Amendments, Ordinance Nos. 2019-549 and 2019-550 will not become effective on or until the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance; and WHEREAS, the City cannot proceed with any proposed comprehensive plan amendments for the Town Center North Overlay District until Ordinance Nos. 2019-549 and 2019-550 are adopted; and WHEREAS, on September 17, 2020, the City Commission adopted Ordinance No. 2020- 555 on second reading, extending the moratorium 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; and WHEREAS, the City has continued to be directly affected by COVID-19, which has presented significant challenges and physical barriers 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, the final hearing on the Petition will likely be set after the moratorium is currently set to expire, which again is impeding the City's ability to present comprehensive plan amendments with respect to the Town Center North Overlay 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 North Overlay, and for the Petition to be resolved; 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. 02021 Extend Zoning Moratorium Six Months Page 2 of 4 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, and extended by Ordinance No. 2020- 555 , is hereby extended for an additional six (6) months from March 19, 2021, 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, and for the Petition (Case No. 20-0190GM) to be resolved. 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, and extended by Ordinance No. 2020-555, is hereby extended for an additional six (6) months from March 19, 2021, 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, and for the Petition (Case No. 20- 0190GM) to be resolved. 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. PASSED and ADOPTED on first reading this V$ day of January 2021. MAr-Ok PASSED and ADOPTED on second reading t ' Yray of 2021. George H. Scholl, Mayor 02021 Extend Zoning Moratorium Six Months Page 3 of4 ATTE T: �� APPROVED AS TO FORM AND LEGAL S CIENCY: Mauricio Betancur, CMC, City Clerk Edward A. Dion, City Attorney I First Reading _ f o Motion: Second: Vote on First Reading: Mayor Scholl Vice Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra Vote on Second Reading: Mayor Scholl Vice Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra Second Reading pp � Motion: Isffg1%�i%✓�G/`/ I&A A Second: /6g,A-�O%z �v7e '1"/(Yes) (No) (Yes) (No) �- (Yes) (No) ( ) (No) (Yes) (No) 02021 Extend Zoning Moratorium Six Months Page 4 of 4 (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) '1"/(Yes) (No) (Yes) (No) �- (Yes) (No) ( ) (No) (Yes) (No) 02021 Extend Zoning Moratorium Six Months Page 4 of 4 7`<6- The Honorable Mayor and City Commission SUNNY City of Sunny Isles Beach �a� 3/18/2021 n 18070 Collins Avenue RE: Sunny Isles Beach, Florida 33160 Center District yE (() 947-066 City 1Hall CA��F�OQ\QOyW T} yi A C305 ) 949313 Fax O[ SVµ MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Edward A. Dion, City Attorney DATE: 3/18/2021 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, on September 17, 2020, the City Commission adopted Ordinance No. 2020-555 extending the moratorium for an additional six (6) months, to March 19, 2021. After careful considerations and discussions, 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 by an additional six (6) months from March 19, 2021. ATTACHMENTS: Description Ordinance Ordinance 2019-541 Item Number: 9.C.