HomeMy WebLinkAboutReso 2024-3734RESOLUTION NO. 2024 - 3
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 (61) 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,
@BCL@040B37D1.docx Page 1 of 2 236
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 (131) 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 22"d da of ctober, 2024.
Maurici� Betancurf CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
04;&"4tJ
A ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved b e!AWA Seconded b : �'/.S C
Vote:
Mayor Svechin'Yes) (No)
Vice Mayor Lama Yes) (No)
Commissioner Joseph (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
@BCL@040B37D1.docx
Page 2 of 2 237
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Credits: Copyright rearmap 2015
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(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: October 22, 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 to 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 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,
and that any application, inquiry, or submittal shall be made subject to the ultimate determinations to
be made by the City Commission.
The City Commission declared a "zoning in progress" on February 15, 2024 via resolution 2024-3626 and
on June 20, 2024 via resolution 2024-3665. Pursuant to City Code Sec. 265-16, the zoning in progress
is, "in effect for a period from the date of notice until the subject change, with or without amendments,
shall have been approved or disapproved by the City Commission or for a period of three months,
whichever is sooner..." The City Commission needs more time to review, study, hold public hearings, and
prepare and adopt revisions and therefore needs to renew this zoning in progress and therefore is
declaring an additional zoning in progress.
Item Number: 9.K
234
ATTACHMENTS:
Resolution
Zoning Map
Item Number: 9.K
235