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HomeMy WebLinkAboutReso 2010-1565 RESOLUTION NO. 2010- I SloS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DECLARING CONSIDERATION OF A TEMPORARY MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF ANY APPLICATION FOR DEMOLITION OF ANY NON-RESIDENTIAL BUILDING OR STRUCTURE PENDING THE CITY'S STUDY OF POTENTIAL ADDITIONS TO THE EXISTING DESIGNATIONS OF HISTORIC LANDMARKS UNDER THE CITY HISTORIC LANDMARKS CODE, CHAPTER 171 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Sunny Isles Beach is considering the conduct of a study to determine if any nonresidential properties within the City should be added to the City's existing list of historic landmarks designated for preservation under the City's Historic Landmarks Code, Chapter 171 of the Code of Ordinances; and WHEREAS, Florida law recognizes the utility of temporary moratoria that permit a temporary hold on development applications pending amendments to a land development regulation that may be more strict than the existing land development regulation; and WHEREAS, during the pendency of the study and possible amendments to the City Historic Landmarks Code, in order to prevent the premature review and approvals of applications for demolition which may be incompatible with proposed Code amendments that may result from the aforesaid study, it may be necessary to adopt a moratorium on any applications for demolition of non-residential properties; and WHEREAS, the City Commission wishes to signal its intent to consider the adoption of an ordinance establishing a moratorium for purpose of studying possible further historic landmark designations as described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1 INCORPORATION OF RECITALS All recitals above are incorporated in to the body of this Resolution as if same were fully set forth herein. Section 2. INTENT TO CONSIDER MORATORIUM The City Commission hereby declares that it is considering a moratorium on the acceptance and processing of any application for demolition of any non-residential building or structure pending the City's study of potential additions to the existing designation of historic landmarks under the City Historic Landmarks Code. --, Section 3. SEVERABILITY If any section, sentence, clause, phrase or portion of the Resolution is, for any reason, held invalid by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. EFFECTIVE DATE This Resolution shall be effective upon adoption. PASSED and ADOPTED on this 20th day of May, 2010. ATTEST: ~ A ~.L~ Jane A. Hines, CMC, City Clerk AS TO FORM L FFICIENCY: Hans Ottinot, City Attorney ; Moved by c.o~~\~~~OlJ~ ~~2.11J Seconded by t2.. Vote: S-b Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Vyes V' yes --L.LYes -1Lyes -1LYes no no no no no 2 Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 5/20/2010 RE: Consideration of a Temporary Moratorium on Processing Demoltion Permits for Potential Historic Site RECOMMENDATION: This Resolution is presented for your consideration. REASONS: Staff is extemely concerned that owners of potential historic sites may seek the demolition of the site prior to consideration of the site as a potential historic site by the Historic Preservation Board. The proposed Resolution will maintain the status quo with respect to a site until a study has been completed to determine if any non residential properties should be added to the list of historic landmarks. A TT ACHMENTS: . Resolution http://sibagenda.sibfl.net/agenda/Preview .aspx?I temID=262&MeetingID=0&MeetingDate... 5/13/2010 TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Ci(y Commissioll Norman S. Edelcup, M'9'or Lewis J. Thaler, Vice M'9'or RosIyn Brezin, Commir"ioner Gerry Goodman, Commi""ioner George "Bud" Scholl, Commir"ioner (305) 947-0606 City Hall (305) 949-3113 I'ax (305) 947-2150 Building Department (305) 947-5107 Fax Rick Conner, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM The Honorable City commiS_';:\j;(< Hans Ottinot, City Attorney~ "-...J May 20, 2009 Consideration of a Temporary Moratorium on Processing Demolition Permits for Potential Historic Site RECOMMENDATION: This Resolution is presented for your consideration. REASONS: Staff is extremely concerned that owners of potential historic sites may seek the demolition of the site prior to consideration of the site as a potential historic site by the Historic Preservation Board. The proposed Resolution will maintain the status quo with respect to a site until a study has been completed to determine if any non residential properties should be added to the list of historic landmarks. / Attachment