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Home My WebLink AboutResolution LPA 2003-11 LPA RESOLUTION NO. 2003- .l.L- A RESOLUTION OF THE LOCAL PLANNING AGENCY OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RECOMMENDING TO THE CITY COMMISSION OF SUNNY ISLES BEACH, THE ORDINANCE AMENDING SECTION 302 OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW THE CITY MANAGER OR HIS DESIGNEE TO MAKE A DETERMINATION ON THE DEVELOPMENT REVIEW PROCESS OR AN INTERPRETATION ON LAND DEVELOPMENT REGULATIONS GIVING DUE CONSIDERATION TO THE INTENT OF THE DRAFTERS; PROVIDING FOR AN APPEAL BY ANY AGGRIEVED PARTY TO THE CITY COMMISSION; AND PROVIDING FOR THE INITIA TION OF AN ORDINANCE CODIFYING SUCH DETERMINATION OR INTERPRETATION IF THE INTERPRETED PROVISION IS LIKELY TO LEAD TO PUBLIC UNCERTAINTY AND CONFUSION, BUT RENDERING THE CITY MANAGER'S DECISION BINDING ON ALL PARTIES UNTIL FINAL ACTION BY THE COMMISSION, ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commissioners, serving as the Local Planning Agency ("LP A"), conducted a public hearing relating to the Land Development Regulations on December 10, 2002 and adopted the Land Development Regulations by Ordinance No. 2002-165; and WHEREAS, the City Commission, as the LP A, has reviewed the amendments to Section 302, to allow the City Manager or his designee to make a determination of the development review process or an interpretation on Land Development Regulations giving due consideration to the intent of the drafters; providing for an appeal by any aggrieved party to the City Commission; and providing for the initiation of an ordinance codifying such determination or interpretation if the interpreted provision is likely to lead to public uncertainty and confusion, but rendering the City Manager's decision binding on all parties until final action by the Commission; and WHEREAS, the LP A has determined that it is in the best interest of the City and its residents to recommend approval of the Ordinance amending Section 302 of the Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS: Section 1. Recommendation: That the Local Planning Agency hereby recommends to the City Commission of the City of Sunny Isles Beach, the Ordinance amending Section 302 of Land Development Regulations Ordinance No. 2002-165, attached as Exhibit "A," for consideration by the City Commission pursuant to Chapter 163, of the Florida Statutes. LP A R2003- Amend See 302.of LDRs Page 1 of2 Section 2. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 18th day of December, 2003. . . ~.. , .. l.... l. '..... . J ,,_ 'J~' . ~ .- ,; ,',ArtEST::~ '..::. " ,,. '..,,,, '\ . ; '~.~';'~. '\' ~~'~: ~ ".,.', .' , .., " ;.. \,I:J ..~. ,Jartct A~~;;City Clerk '., :,,)"'1 ""' .~,;~ ,) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~Of Lynn M. Dannheisser, City Attorney Vote: '/- 0-1 Mayor Edelcup Vice Mayor GoodmanJ{ tL\b~t Commissioner Brezin Commissioner Iglesias Commissioner Thaler LPA R2003- Amend See 302.ofLDRs Moved by: ~~n'\'~S\OIOt.re.. T ttMLENC. Seconded by: COW\.vY\...cr\OtUfE.. ~~ I ~ v (Yes) (Yes) V (Yes) V (Yes) V (Yes) (No) (No) (No) (No) (No) 2 ORDINANCE NO. 2003- I qO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 302 OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW THE CITY MANAGER OR HIS DESIGNEE TO MAKE A DETERMINATION ON THE DEVELOPMENT REVIEW PROCESS OR AN INTERPRETATION ON LAND DEVELOPMENT REGULATIONS GIVING DUE CONSIDERATION TO THE INTENT OF THE DRAFTERS, PROVIDING FOR AN APPEAL BY ANY AGGRIEVED PARTY TO THE CITY COMMISSION; AND PROVIDING FOR THE INITIATION OF AN ORDINANCE CODIFYING SUCH DETERMINATION OR INTERPRETATION IF THE INTERPRETED PROVISION IS LIKELY TO LEAD TO PUBLIC UNCERNTAINTY AND CONFUSION, BUT RENDERING THE CITY MANAGER'S DECISION BINDING ON ALL PARTIES UNTIL FINAL ACTION BY THE COMMISSION; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 10, 2002, the newly drafted LDRs were adopted by the City Commission; and WHEREAS, as those LDRs are applied in specific cases, either the development review process or the intent ofthe specific land development regulation often requires a determination or interpretation, as the case may be; and WHEREAS, it is the expressed intent of the City Commission not to delay the development review process and to allow the City Manager to make interim interpretations, as necessary, and to bring them for City Commission's consideration if those determinations or interpretations require legislation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Amendment to Section 302 of the Land Dev.elopment Regulations. Section 302 of the Land Development Regulations is hereby amended as follows: Section 302: Development Review Process. A. Creation of Development Review Process. The City Manager or his designee, (hereinafter the "City Manager"). is hereby authorized to establish a development review process and to review and render recommendations on applications for development, conditional uses, temporary uses, variances, plats, development agreements, vested rights determinations and Exhibit " A" Ordinance Establishing City Manager Determinations site plans and any other approval, condition or action contemplated by these LDRs and the Comprehensive Plan. B. Determinations Concerning Uses Or Characteristics Of Uses Not Specified. (i) Applicability. Where there is substantial doubt as to whether a particular use or uses. or classes of uses. or characteristics of use not specifically identified in this zoning ordinance. are of the same general character as those listed as permitted or conditional uses. or where use restrictions are either not provided or require interpretation. the City Manager or his designee. upon request from any administrative agency. officer or department head of the City. or on his own initiative. shall make a determination in these matters. or. on any issue regarding the development review process or intent of the land development regulation involved. S/he shall give due consideration to the intent of the zoning regulation concerning the district involved. the character of uses specifically identified. and the character of the use of uses in question and the intent of the drafters. (ii) Appeal. On a determination made by the City Manager in the manner set out above. an application for an appeal from such determination may be made to t~~.;~~~~f~g~~;~;~,!;on in writing. specifying the grounds for error. with.in H rii')Sj;~~I~u'!~Di,)'.!e days from the issuance of the City's Manager's decision. The application for appeal from the determination or inteq>retation shall be scheduled for hearing before the City Commission at the next regularly scheduled City Commission meeting. (iii) Effect of findings by City Manager. If in making the determination the City Manager finds that the determination or inteq>retation. as set forth in 302B.(i) above are of unusual or transitory nature. or are unlikely to recur frequently. and unless his determination thereon is reversed on grounds of error on appeal to the City Commission. the determination shall thereafter be binding on all officers and agencies of the City as an administrative ruling. and without further action on. or amendment of this zoning ordinance. Where the City Manager or City Attorney finds. in making the determination or interpretation as set forth in ~302B.(i) above that such determination or interpretation is likely to lead to public uncertainty and confusion. the City Attorney shall initiate a proposed amendment to the Land Development Regulations to rectify the omission. Notwithstanding the foregoing. until final action has been taken on such proposed Ordinance Establishing City Manager Detenninations 2 amendment. the determination or interpretation of the City Manager shall be binding on all officers and agencies of the City as an interim administrative ruling. (iv) Direct referral to the City Commission. At the City Manager's discretion. s/he may choose to take the matter for intervretation directly to the City Commission for direction. Section 2. R~ealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 3. Severability. If any section, subsection, clause or provision ofthis Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 4. Effective Date. This Ordinance will become effective ten (10) days after adoption at second reading. PASSED and ADOPTED on first reading the ~O-+d'ay of NO\Jerr-.~Q..V', 2003 PASSED and ADOPTED on second reading this 184-~ay of'"I)(.<..eh\\,e.v-, 2003. ~ I/k' / 'y '14tl'1'l/ L/ / t:Ptitk~, z c/ an S. Ede cup, Mayor , , , 1\ TTEST' ! " :;.'. ".. '. , . .~,~.(~ J ane'A. Hines, Cit~.Clerk ,-. ,.. Moved by: (-OMtV\\ SS \ 0 LV €~ -r ~f..e.. Second by: ~~\SS\OI\)(.~ 'fS"QE.2., N Ordinance Establishing City Manager Determinations 3 VOTE: Lf -0 - \ Mayor Norman S. Edelcup Vice Mayor Gerry Goodman ~ ~seV\.t- Commissioner Roslyn Brezin Commissioner Daniel Iglesias Commissioner Lewis Thaler Ordinance Establishing City Manager Determinations 4 (yes) V (yes) _ (yes V (yes) V (yes) V (no_ (no)_ (no)_ (no)_ (no)_ City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Gerry Goodman, Vice Mayor Roslyn Brezin. Commissioner Danny Iglesias, Commissioner Lewis Thaler, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305)947-2150 Building Department (305)947-5107 Fax Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Jane A. Hines, City Clerk Memorandum TO: FROM: DATE: RE: The Honorable City Commission Lynn M. Dannheisser, City Attorney November 20,2003 Ordinance Providing for the City Manager's Interpretation of Land Development Regulations RECOMMENDATION: It is recommended that the City Commission approve the attached Ordinance providing for City Manager determinationslinterpretations of Land Development Regulations. REASON(S): As the new Land Development Regulations adopted by the City Commission are applied in specific cases, to either the development review process or the intent of specific land development regulations require a determination or interpretation, as the case may be. Inasmuch as the Mayor has directed the staff wherever possible, not to delay the development review process, I am recommending this ordinance, which will allow the City Manager or his designee to make a determination on the development review process or an interpretation of a zoning regulation, giving due consideration to the intent of the drafters. The ordinance provides an appeal by an aggrieved party directly to the City Commission from a direction by the City Manager and provides that the City or City staff ca initiate an ordinance to be adopted, if, without that legislation, public uncertainty and confusion would result. In any case, the City Manager's decision shall be binding on all parties until a final action by the City Commission or unless the Commission has reversed the City Manager's decision upon appeal. LMD:ch Attachment(s)