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Home My WebLink AboutLPA 2008-49 LP A RESOLUTION NO. 2008- ft 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 265-11(N)(3) OF THE ZONING CODE TO PERMIT A VOLUNTEER PROGRAM FOR EXTENSION OF TIME FOR UNEXPIRED DEVELOPMENT APPROVALS, 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 amendment to Section 265-11(N)(3), to permit a volunteer program for extension of time for unexpired development approvals; 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 265-11 (N)(3) 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 265-11(N)(3) 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. Section 2. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of March 2008. ATTEST: ~A~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGA F I CY Moved by: Seconded by: Vote: 5,0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ---!L(Y es) L/(Y es) ~Yes) V(Y es) V'cY es) LPA R2008- LDRs 2 c,~ Sc:..\-lOLL y (LL '{'{\~t1Y THI\L~ _(No) _(No) _(No) _(No) _(No) ORDINANCE NO. 2008 - ~9or AN ORDINANCE OF THE CITY OF THE SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-11(N)(3) OF THE CITY CODE TO PERMIT A VOLUNTEER PROGRAM FOR EXTENSION OF TIME FOR UNEXPIRED DEVELOPMENT APPROVALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 265-11 (N) (3) of the City of Sunny Isles Beach, Florida (the "City") Code provides for extension of times under the City's zoning code. WHEREAS, the housing market crash in the United States has drastically impacted development in the City of Sunny Isles Beach; and WHEREAS, members of the development community have requested additional time from the City Commission to build approved development projects; and WHEREAS, the City Commission wishes to create a voluntary program to provide additional time to pull a building permit for unexpired development approvals. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this ordinance upon adoption hereof. Section 2. follows: Amendment. Section 265-11 (N) (3) of the City code IS amended to read as (2) Time periods/expiration - development order. Each and every development order issued by the City pursuant to these LDRs shall be valid for a period of 24 months from the date of issuance of the development order and a building permit must be obtained during said twenty-four-month period (and construction begun and continue thereunder) except in the event a different time period to obtain a building permit is expressly authorized by the City commission and set forth in the development order. The foregoing sentence shall apply to development orders for all developments, inclusive of multiphase projects. A development order shall expire earlier in the event any condition or requirement of the development order containing a specific time period for performance is not timely obtained or thereunder expires (or due to noncompliance with express conditions) and a development order expires, Ordinancc amcnding Scction 265-11 oftllc City Codc _ 1 _ a provided above, it shall be deemed null and void and a new development order shall be required prior to development consistent with the LDRs then in effect. This subsection shall not apply to land use plan amendments or rezoning. (3) Extensions of time. If a developer desires additional time (beyond the twenty-four-month or other specified period), the developer may request an extension from the City Commission by completing an application for extension prior to the expiration of the twenty-four month or other specified period. The City Commission shall consider any such request on a case by case basis, and may grant an extension for a period of time deemed reasonable by the City Commission if the developer clearly established good cause for the extension and that the need for the extension is based substantially on events or occurrences beyond the control of the developer; provided, however, while the inability to obtain financing, volatility in the economy and/or changes in the market conditions affecting a project, as examples, may not constitute circumstances beyond the control of the developer, two or more of these factors combined and/or in combination with other relevant factor, may be sufficient as determined by the City Commission, to establishes the need for the extension. Notwithstanding any provision in this Code, the City Commission has the authority to create administratively a voluntary program to provide additional time for development approvals based solely on the economy and market conditions. The voluntary program shall be administered by the City Manager or designee. The City Manager has the authority to establish guidelines to administer the voluntary program. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. lt is the intention of the Commission, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the code of the City of Sunny Isles Beach, Florida; and that the sections of this ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. Ordinancc amcnding Scction 265-11 of thc City Codc - 2 _ PASSED AND ADOPTED on first reading this 21 'iday of FCCb. ,2008. PASSED AND ADOPTED on second reading this 2&"day of rY\ActC.tT,2008 ATTEST: ~A~ Jane A. Hines, CMC, City Clerk ~l1t-tIJJ ~!t~~ rman S. Edelcup, Mayo! Moved by: ~~" ~Hb1..L Seconded by: 'Y\U. ~ -r Hh'tR. Vote: 5-D Mayor Edelcup Vice Mayor Thaler Commissioner Srezin Commissioner Goodman Commissioner ScholJ ~Yes) ~y es) V(Y es) ~(Y es) VCYes) _(No) _(No) _(No) (No) (No) Ordinance amending Section 265-11 of the City Code - 3 _