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Home My WebLink AboutReso 98- 54 RESOLUTION NO. 98- 5 if A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA RATIFYING ADMINISTRATIVE ZONING MORATORIUM ISSUED BY CITY MANAGER; DIRECTING CITY ATTORNEY TO PREPARE AN ORDINANCE WHICH PROPOSES TO ADOPT A ZONING AND BUll..DING MORATORIUM WITHIN THE CORPORATE LIMITS OF THE CITY OF SUNNY ISLES BEACH. FLORIDA DURING THE CONSIDERATION BY THE CITY OF ADOPTION OF ITS OWN COMPREHENSIVE PLAN; DIRECTING THE CITY CLERK TO CALL A FIRST READING, PUBLIC HEARING FOR 7:00 P.M. ON THURSDAY, JUNE 25,1998, AT CITY COMMISSION CHAMBERS, SUITE 250, 17070 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA, TO CONSIDER ADOPTION OF SAME AND TENTATIVELY SCHEDULE A SECOND READING PUBLIC HEARING FOR 7:00 P.M. ON THURSDAY, JULY 16, 1998, AT CITY COMMISSION CHAMBERS, SUITE 250, 17070 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles beach adopted by Section 8.3 of its Charter the comprehensive plan (the "Comp Plan") of Miami-Dade County as well as the zoning regulations provided in the Code of Miami-Dade County for purposes of incorporation; and WHEREAS, in the course of applying the Zoning Code and Comp Plan with respect to building and zoning approvals for properties within the corporate limits of Sunny Isles Beach, it has become clear to the staff that such Comp Plan, in some instances, is oflittle use in formulating correct zoning patterns and existing zoning districts are, in many instances, incompatible with growth patterns and land uses as desired by the citizens of the City of Sunny Isles Beach; WHEREAS, based on the foregoing, on or about June 4, 1998, the City Manager, pursuant to Section 33-323 ofthe Code of Miami-Dade County, issued an administrative order prohibiting the consideration by any City Department of any zoning requests not filed prior to the date of the issuance of said moratorium order; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AS FOLLOWS: 1. Administrative Moratorium. The Administrative zoning moratorium issued on June 4, 1998, by the City Manager, be and the same is hereby ratified and shall remain in effect until such time as the Commission may consider the matter at two public hearings; and 2. Ordinance Request. The City Attorney is hereby directed by the Mayor and Commission to prepare an ordinance which proposes to adopt a zonin~ and buildinS! moratorium within the corporate limits of the city of Sunny Isles Beach. Florida; and R98- calling public hearings -1- 3. Calling of Public Hearing. The City Clerk is hereby directed to call for a first reading at public hearing for 7:00 p.m. on Thursday, June 25, 1998, at City Commission Chambers, Suite 250, 17070 Collins Avenue, Sunny Isles Beach, Florida, to consider adoption of said zoning and building moratorium ordinance and tentatively schedule a second reading of same at public hearing for 7:00 p.m. on Thursday, July 16, 1998, at City Commission Chambers, Suite 250, 17070 Collins Avenue, Sunny Isles Beach, Florida. PASSED AND ADOPTED this 11th day of June, 19 . 4. Effective Date, This Resolution shall become effective immediat ATTEST: ~~~~~ry1~ t' "': '-i~l].at=d... -a~;Morilla, City Clerk (oJ-; ; ;. ., 1t. *i. ""J ~ '! ~ ;~.r '. ~ · i .~PROvHD A~TO FORM ~.~ . -M:ill UpGAL UFFICIENCY: '" ~ . \ . , "'... Moved by: Seconded by: ~~~~~ ~'i~~~ Vote: Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffinan Commissioner Morrow v(Y es) v1Yes) ~Yes) - *cs) -(Yes) _(No) _(No) _(No) _(No) ~ _(No) R98- calling public hearings -2- tJ f'. If V City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 fax David Samson Mayor Irving Thretsky Vice Mayor Commissioners Danny Iglesias Lila Kauffman Connie Morrow James DiPietro City Manager Lynn M. Dannheisser City Attorney TO: City Commission Lynn M. Dannheisser, City Attorney ~ FROM: DATE: June 11, 1998 RE: Resolution Ratifying Administrative Moratorium, directing the City Attorney to prepare an Ordinance and the City Clerk to schedule two full public hearings on the Ordinance proposing a building and zoning moratorium.. In accordance with direction received at the May 28th Commission meeting, in furtherance of the administrative moratorium issued by the City Manager of even date (also attached also to this report) and finally, pursuant to the information received at a workshop held on the topic of on the issue of whether the health, safety and welfare of the people are better served by calling for a moratorium on zoning applications and the issuance of building permits during that period of time the City is developing its own comprehensive plan, Mayor Samson is sponsoring passage of this Resolution. This Resolution ratifies the action of the Manager in issuing an administrative zoning moratorium based on staff's determination that there are areas of fundamental incompatibility between the current Comprehensive Plan and the Zoning Code of the City. In light of the fact that the Commission will very shortly select a planning firm which will assist the City in the formulation its own comprehensive plan and attendant land development regulations (zoning laws), this resolution calls for the City Attorney to prepare an Ordinance for consideration by the City Commission for the adoption of a general building and zoning moratorium to be imposed, to the extent permitted by law, and during the time the City begins the formulation and development of its own comp plan. The resolution also directs the clerk to advertise two full public hearings in accordance with the Florida Statutes. Those hearings shall be held on June 25 for first reading and, if adopted, on July 16 for final passage. In the interim, the administrative moratorium shall remain in full force and effect. cc: Jim DiPietro, City Manager CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the City of Sunny Isles Beach, Florida, will hold a public hearing in the Commission Chambers, City Hall, Suite 250, 17070 Collins Avenue, Sunny Isles Beach, Florida on Thursday, June 11, 1998, starting at 7:00 p.m. to consider the following: A Public Hearing to review the propriety of the City Manager's June 3, 1998, Administrative Order imposing a Zoning Moratorium, and to determine if the Zoning Moratorium is necessary or desirable and should be reversed, modified, superseded, or ratified and continued. Inquiries concerning this item may be directed to the City Manager at 947-0606. Richard Brown-Morilla City Clerk In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact City Manager Jim DiPietro, 947-0606, no later that 48 hours prior to the proceeding. All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission do the City Clerk, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160. Documents and any other data pertaining to this public hearing are available for public inspection during normal business hours in City Hall. Any public hearing may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. TIlls notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. M"e.y-k~ ~ h-,'~~,::r~ S-, Iqt1~ .....,. ~~ OM) K~M ~~ ~c\vev~\~ CV"\ ~t'\t:sA~1 ~~. \0, \~qg ~ A,,~1.\l'lo.- ~s 2 . ':9 ---. ~~ CITY OF SUNNY ISLES BEACH ~~ 7. f\..: :...o,p errv OF SUN ......- NOTICE OF CITY COMMISSION MEETING & PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that the City Commission of the City of Sunny Isles Beach, Horida, will hold its regular public meeting in the Commission Chambers, City Hall, Suite 250, 17070 Collins Avenue, Sunny Isles Beach, Horida on Thursdav. June 11. 1998. staron!! at 7:00 p.m. Among other regular items of business, the following public hearings will be held at 7:00 p.m.: [ A Public Hearing to review the propriety of the City Manager's June 3, 1998, Administrative Order imposing a Zoning Moratorium, and to determine if the Zoning Moratorium is necessary or desirable and should be reversed, modified, superseded, or ratified and continued. Inquiries regarding all ordinances, resolutions and other agenda items may be directed to the City Manager at 947-0606. ZONING PUBLIC HEARINGS: A. RESIDENCES OF SUNNY ISLES INC. (Z980008) Location: Northwest comer of 192 Street (Williams Lehman Causeway) and Collins Avenue (Property Size: 3.91 acres) The applicant is requesting an unusual use to permit a home for the aged, a special exception for" site plan approval and accompanying non use variances. B. GOLDEN BAY CLUB ASSOCIATES, LTD (Z9800015(C)) Location: West side of North Bay Road, at theoretical 170 Street (Property Size: 1 0.16 Acres) The applicant is requesting deletion of certain conditions of a resolution to allow the apartment units to serve as the purchaser's primary residence. C. MARINA BAY CLUB, INC.(Z98000480a(C)) Location: South of North Bay Road, between 182 Drive and Atlantic Boulevard (Propety Size: 0.8974 Acres) The applicant is requesting a modification of previously approved plans to allow additional floors to the new proposed building. Also accompanying this request are non use variances for floor area ratio and setbacks. D. EMERALD COAST AVENTURA INC. (Z980006) Location: 16850 Collins Avenue (Property Size: 12.3 acres) The applicant is requesting a special exception to permit a bar in conjunction with a restaurant. Also a special exception of spacing requirements to permit aforementioned liquor use closer than permitted to other alcoholic beverage uses and religious facility. Inquiries regarding these zoning items may be directed to the City's Building, Planning and Zoning Department at 947-0606. Richard Brown-Morilla City Clerk In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact City Manager Jim DiPietro, 947-0606, no later that 48 hours prior to the 3 proceeding. All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Clerk, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160. The courts have ruled that it is improper to contact a City Commission member individually, either orally or in writing about any zoning applications. Documents and any other data pertaining to these public hearings are available for public inspection during normal business hours in City Hall. Any public hearings may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. -r r} R9 d :.. ~ A j : (~ +lv.o..Q..~ ~n: (It ~\)~ . AJ.vev-kuA O'f'. <;~Ol '.J~ J ~.",.. I'^^ ~ -' (~S .eA\+ior-) y