Loading...
HomeMy WebLinkAboutReso 2002-465 RESOLUTION NO. 2002- .!I:M'" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, EXTENDING THE TIME REQUIRED FOR APPLICANTS WITH UN-EXPIRED DEVELOPMENT ORDERS TO PROCEED WITH DEVELOPMENT APPROVALS ISSUED BY THE CITY COMMISSION, UNTIL THE DISPOSITION OF THE OMNIPOINT CASE, OR THE ADOPTION OF THE CITY'S LAND DEVELOPMENT REGULATIONS; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR REPEAL OF RESOLUTION NO. 2002-448; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 6, 2002, in Miami-Dade County v. Omnivoint Holdings, 817 So.2d 767 (Fla. 3rd 2002), the Third District Court of Appeals declared that the standards used by Miami-Dade County to approve special exceptions, unusual uses, new uses and non-use variances were unconstitutional; and WHEREAS, the standards . used by the City of Sunny Isles to approve special exceptions, unusual uses, new uses and non-use variances are similar to the standards found to be unconstitutional by the Third District Court of Appeals; and WHEREAS, the Omnivoint descision has created a climate of uncertainty in the development industry with respect to the financing of development projects by banking institutions; and WHEREAS, the Omnivoint decision has had a negative impact on the redevelopment of the City; and WHEREAS, the City Commission believes that an extension of the effective period of development approvals, is warranted until the disposition of the Omnipoint case, or the adoption of the City's Land Development Regulations; 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 for Applicants with Un-expired Development Orders. In accordance with Ordinance No. 2001-117, the two-year period of the development approval period issued to applicants with un-expired development orders, 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 Omnivoint decision was issued and ending on the date that Extension of Development Approval Period HO:ch A:I 1 all appeal periods expire with respect to a final determination of the Omnivoint case or, the adoption of the City's Land Development Regulations, 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. Repeal. Resolution No. 2002-448, issued on June 20, 2002, is hereby repealed. Section 5. Effective Date. This Resolution is effective upon adoption. ATTEST: ~;L~.~~~ ~ Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND L GAL SUFFICIENCY: ~:~:~d~y: &~ ~[&~ Vote: 5-0 Mayor Samson Vice Mayor Iglesias Commissioner Ede1cup Commissioner Goodman Commissioner Kauffman .J,L(Yes) V (Yes) L./" (Yes) !:::::1Y es ) -0Yes) _(No) _(No) _(No) _(No) _(No) Extension of Development Approval Period HO:ch AI 2