HomeMy WebLinkAboutReso 2024-3626RESOLUTION NO. 2024 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, DECLARING "ZONING IN PROGRESS" RELATING TO THE MIXED USE -
RESORT (MU -R) DISTRICT, TOWN CENTER DISTRICT (TCD), NEIGHBORHOOD
BUSINESS (131) DISTRICT, AND BUSINESS OVERLAY (BO) DISTRICTS;
DETERMINING THAT APPLICATIONS FOR DEVELOPMENT ORDERS AND
DEVELOPMENT PERMITS SHALL BE SUBJECT TO THE ZONING IN PROGRESS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution and Section
166.021, Florida Statutes, the City has the governmental, corporate, and proprietary powers to
enable it to conduct municipal government, perform municipal functions, and render municipal
services, and may exercise any power except when expressly prohibited by law; and
WHEREAS, the City Commission determines that it is in the best interests of its residents,
businesses and visitors to enact sufficient zoning regulations to ensure their health, safety, and
welfare; and
WHEREAS, recent issues have arisen which require further study and community input to
determine the future development of properties located within the Mixed Use -Resort (MU -R)
District, Town Center District (TCD), Neighborhood Business (131) District, and Business Overlay
(BO) District (collectively the "Districts"); and
WHEREAS, the City Commission requires time to review, study, hold public hearings, and
prepare and adopt revisions to the City's Comprehensive Plan and Land Development
Regulations regarding the Districts; and
WHEREAS, until the City Commission has time to review, study and hold public hearings,
prepare and adopt revisions, the City Commission finds that it is in the best interests of the City
to declare that there is "zoning in progress" relating to these issues for the Districts, and that any
application, inquiry or submittal shall be made subject to the ultimate determinations to be made
by the City Commission; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby confirmed
as being true and correct and the same are hereby made part of this Resolution.
Section 2. Zoning in Progress. The City is currently engaged in "zoning in progress" relating
to the establishment of criteria for future development and redevelopment in the City's Mixed
Use -Resort (MU -R) District, Town Center District (TCD), Neighborhood Business (61) District, and
Business Overlay (BO) District. Any applications for, the processing of, and the issuance of
development permits and development orders, as those terms are defined in Section 163.3164,
261
Florida Statutes, or any other official action of the City relating to the development or
redevelopment of properties within the Mixed Use -Resort (MU -R) District, Town Center District
(TCD), Neighborhood Business (B1) District, and Business Overlay (BO) District shall be subject to
the zoning which is in progress even though not finalized and adopted at the time the particular
application was submitted.
Section 3. Deemed Notice. Applicants for such development permits and development
orders are hereby deemed to be on notice of the applicability of these provisions.
Section 4. Effective Date. This Resolution shall become effective upon passage.
PASSED AND ADOPTED on this 15th day f Febr ary, 2024.
Larisa Svechin, M yor
ATTE T: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
d
Mau 'cio Betanclur, CMC, City Clerk ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
/9
Moved by: LL �%(G� i r4 Seconded by:C�J�i�2%_7 �� . G'l5644ck
Vote:
Mayor Svechin
'(Yes)
Vice Mayor Lama
_7
(No)
Commissioner Joseph
(Yes)
(No)
(Yes)
74
(No)
Commissioner Stuyvesant
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
262
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
yF p9)� ", ywr
°fr
OF r ° (305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Amy Canales, Planning & Zoning Director
DATE: February 15, 2024
RE: Declaring a "Zoning in Progress" for the Mixed Use -Resort, Town Center,
Neighborhood Business, and Business Overlay Districts
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
In 2022 the City Commission directed the City Manager to proceed with an in-depth review into the
current sate of the City's Comprehensive Plan and Land Development Regulations. During this review
inconsistencies were identified between the two regulating documents regarding allowable density
and intensity of development in particular zoning districts. The City Commission requires time tc
review, study, hold public hearings, and prepare and adopt revisions to the City's Comprehensive Plan
and Land Development Regulations regarding these four (4) zoning districts. Until the City Commissior
has time to review, study and hold public hearings, prepare and adopt revisions, the City Commission
finds that it is in the best interests of the City to declare that there is "zoning in progress" relating to
these issues, and that any application, inquiry, or submittal shall be made subject to the ultimate
determinations to be made by the City Commission.
ATTACHMENTS:
Resolution
Item Number: 10.K
260