HomeMy WebLinkAboutOrdinance 2021-572ORDINANCE NO. 2021- S7 Z
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, EXTENDING THE
TERM OF ORDINANCE NO. 2019-541, AS EXTENDED BY ORDINANCE NO. 2020-
555 AND ORDINANCE NO. 2021-563, FOR AN ADDITIONAL SIX (6) MONTHS
FROM SEPTEMBER 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, 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 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 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"); and
WHEREAS, on March 12, 2020, the City Manager also declared a Local Emergency as a
result of COVID-19; and
WHEREAS, on March 17, 2020, as a result of COVID-19, the Governor's Executive Order
20-51, and DOAH's Administrative Order AODOAH2O-21, in addition to the requests of the
Petitioner, the Administrative Law Judge ("AU") postponed the final hearing on the Petition until
June 8, 2021; and
WHEREAS, the final hearing on the Petition concluded on June 9, 2021, however, it will
take several months before a final order is entered by the AU; 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
02021 Extend Zoning Moratorium Page 1 of 4
this adopted amendments to be in compliance with applicable Florida law; 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, nor can the City proceed with enacting Land Development Regulations for either the
Town Center North or the Town Center South Overlays until the City's Comprehensive Plan
Amendments are adopted; and
WHEREAS, on September 17, 2020, the City Commission adopted Ordinance No. 2020-
555, extending the moratorium for an additional six (6) months from September 19, 2020; and
WHEREAS, on March 19, 2021, the City Commission adopted Ordinance No. 2021-563,
extending the moratorium 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
WHEREAS, the City Commission finds that additional time is needed for the City to obtain
a final order from the state land planning agency or the Administration Commission determining
Comprehensive Plan Amendments to be in compliance, and 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
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, and
extended by
02021 Extend Zoning Moratorium Page 2 of 4
Ordinance No. 2020-555 and Ordinance No. 2021-563, is hereby extended for an additional six
(6) months from September 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 and Ordinance No. 2021-563,
is hereby extended for an additional six (6) months from September 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.
A
PASSED upon first reading this ISS' day of July 2021.
PASSED AND ADOPTED upon this second reading this 110day of September 2021.
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEG ICIENCY:
Maur cio Betancu , CMC, City Clerk k -%.E ward A. Dion, City Attorney
02021 Extend Zoning Moratorium Page 3 of 4
First Reading Second Reading
Motion: f / 1 DVOAAW ordcYl 4L-DYIli4/J Motion:
Second: l.OMA%iwc � `A- Second: aMAOAWA'v4- t4MA--
Vote on First Reading:
Mayor Scholl - AST
(Yes)
(No)
Vice Mayor Svechin
(Yes)
(No)
Commissioner Goldman
7 (Yes)
(No)
Commissioner Lama
7- (Yes)
(No)
Commissioner Viscarra
Z(Yes)
(No)
Vote on Second Reading:
Mayor Svechin ✓ (Yes) (No)
Commissioner Goldman -7(Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Viscarra (Yes) (No)
(17(171 Fxtanrl 7nninp Mnratnrh im Papa 4 of 4