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Home My WebLink AboutReso 2002-448 RESOLUTION NO. 2002- 44 ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, EXTENDING THE TIME REQUIRED FOR FIVE SEAS INVESTORS, INC., TO PROCEED WITH THE DEVELOPMENT APPROVAL GRANTED UNDER ZONING RESOLUTION NO. 02-Z-66, UNTIL THE DISPOSITION OF THE OMNIPOINT CASE, OR THE ADOPTION OF A CURATIVE ORDINANCE; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at a public hearing on February 5, 2002, the City Commission approved the zoning application filed by Five Seas Investors, Inc.; and WHEREAS, on February 25, 2002, the City Commission issued a zoning resolution that memorialized the decision at the public hearing; and WHEREAS, on March 27, 2002, a third party filed a lawsuit with the Circuit Court of Miami-Dade County challenging the approval of the zoning application, based on the Omnipoint decision issued by the Third District Court of Appeals; and WHEREAS, the City Commission believes that an extension of the effective period of development approvals, is warranted until the disposition of the Omnivoint case, or the adoption of a curative ordinance; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. herein. Incorporation of Recitals. The recitals stated above are hereby incorporated Section 2. Extension of the Effective Period of Development Approvals. In accordance with Ordinance No. 2001-117, the two-year period of the development approval period issued to Five Seas Investors, Inc., shall be extended for a time period which is equal to the number of days of the time period beginning on the date that the third party challenge was filed and ending on the date that all appeal periods expire with respect to a final determination of the third party challenge or the adoption of a curative ordinance with respect to the Omnipoint case, whichever comes first. Section 3. Authority of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution is effective upon adoption. Extension of Time to Five Seas Development HO:ch A:I RESOLUTION NO. 2002- 44 '6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, EXTENDING THE TIME REQmRED FOR FIVE SEAS INVESTORS, INC., TO PROCEED WITH THE DEVELOPMENT APPROVAL GRANTED UNDER ZONING RESOLUTION NO. 02-Z-66, UNTIL THE DISPOSITION OF THE OMNIPOINT CASE, OR THE ADOPTION OF A CURATIVE ORDINANCE; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at a public hearing on February 5, 2002, the City Commission approved the zoning application filed by Five Seas Investors, Inc.; and WHEREAS, on February 25,2002, the City Commission issued a zoning resolution that memorialized the decision at the public hearing; and WHEREAS, on March 27, 2002, a third party filed a lawsuit with the Circuit Court of Miami-Dade County challenging the approval of the zoning application, based on the Omnivoint decision issued by the Third District Court of Appeals; and WHEREAS, the City Commission believes that an extension of the effective period of development approvals, is warranted until the disposition of the Omnivoint case, or the adoption of a curative ordinance; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. herein. Incorporation of Recitals. The recitals stated above are hereby incorporated Section 2. Extension of the Effective Period of Development Approvals. In accordance with Ordinance No. 2001-117, the two-year period of the development approval period issued to Five Seas Investors, Inc., shall be extended for a time period which is equal to the number of days of the time period beginning on the date that the third party challenge was filed and ending on the date that all appeal periods expire with respect to a final determination of the third party challenge or the adoption of a curative ordinance with respect to the Omnipoint case, whichever comes first. Section 3. Authority of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution is effective upon adoption. Extension of Time to Five Seas Development HO:ch A:I 17070 Collins Avenue , Suite 250 . Sunny Isles Beach, FL 33160 TEL: 305 947 0606 . FAX: 305 949 3113 I T V t) F S t -I N N V I S L E S 13 E A C H SvNNY !S \FJ ' �n k y y M i 99 �rcw F?L00.� CITY COMMISSION DAVID SAMSON MAYOR DANNY IGLESIAS VICE MAYOR NORMAN S. EDELCUP COMMISSIONER GERRY GOODMAN COMMISSIONER LILA KAUFFMAN COMMISSIONER Christopher J. Russo City Manager Lynn M. Dannheisser City Attorney Richard Brown - Morilla City Clerk June 28, 2002 Stanley B. Price, Esq. Bilzin Sumberg Dunn Baena Price & Axelrod LLP 2500 First Union Financial Center 200 South Biscayne Boulevard Miami, FL 33131 -2336 .. , fK Re: Extension of time to Five Seas Investors, Inc. per Resolution No. 2002 -448. Dear Mr. Price: Attached please find a certified copy of Resolution No. 2002 -448, adopted on June 20, 2002 by the City Commission. If you have any questions, please do not hesitate to contact me. Sincerely, Rij�c^hard Brown - Morilla City Clerk RBM: mw Attachment c: Christopher Russo, City Manager Lynn Dannheisser, City Attorney Hans Ottinot, Deputy City Attorney Jorge Vera, Zoning Director Clayton Parker, Building Official & Administrator 17070 Collins Avenue - Suite 250 m Sunny Isles Beach, FL 33160 TEL: 305 947 0606 , FAX: 305 949 3113 SJ%1NY.�S(t UT, July 8, 2002 i e... � P FLOC Mr. Stanley B. Price, Esquire Bilzin Sumberg Dunn, et al. 2500 First Union Financial Center DAVID SAMSON Miami, FL 33131 -2336 MAYOR DANNY IGLESIAS Re: Resolution Extending Time for Five Seas Investors, Inc. to VICE MAYOR Proceed with Development Approval NORMAN S. EDELCUP COMMISSIONER GERRY GOODMAN COMMISSIONER LILA KAUFFMAN COMMISSIONER Christopher J. Russo City Manager Lynn M. Dannhesser Cato Attorney Richard Brown - Morilla City Clerk Dear Stanley: In your recent letter regarding the attached Resolution extending the time for Five Seas Investors, Inc. to proceed with its development approvals, you stated that the Resolution was not an accurate reflection of the action of the City Commission. Specifically, you stated that you requested "an Omnibus Resolution for the tolling of time for all developments within the City of Sunny Isles Beach that are subject to the two -year development approval period as continued in the city code of Ordinances" Please note that prior to the issuance of the Resolution that the Office of the City Clerk and myself had reviewed the tapes of the City Commission meeting in which the Resolution was approved. A review of the tapes shows that the Resolution is consistent with the action of the City Commission. As such, I am unable to accommodate your request for a blanket Resolution tolling the time for all development projects that are subject to the two -year development approval. I do not have the liberty to change the Resolution without the approval of the City Commission. Notwithstanding the foregoing, I am forwarding your request to amend the Resolution to the City Commission for its consideration at the next regular commission meeting. The City Manager has concurred with the action that I am taking herein. Should you have any questions about this matter, please feel free to give me a call. v t uly x9UP, Hans ttinot Deputy City Attorney HO /jb CC. Mayor David Samson Lynn M. Dannheisser, City Attorney Christopher J. Russo, City Manager Richard Brown - Morilla, City Clerk