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
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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:
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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)
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