HomeMy WebLinkAboutOrdinance 99-59
ORDINANCE NO. 99-59
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING ORDINANCE NO. 98-40, WHICH
PROVIDES FOR A MORATORIUM ON THE FILING AND
CONSIDERATION OF ZONING APPLICATIONS AND A
MORATORIUM ON THE ISSUANCE OF DEVELOPMENT
PERMITS, TO PROVIDE THAT THE MORATORIUM BE
EXTENDED UNTIL MARCH 11, 1999; PROVIDING THAT
ALL OTHER TERMS AND CONDITIONS OF ORDINANCE
NO. 98-40 SHALL REMAIN IN FULL FORCE AND EFFECT
UNTIL SUCH TIME; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 16, 1998, the City Commission for the City of Sunny Isles Beach,
passed a building and zoning moratorium with certain exceptions, in order to allow the City to begin
preparation of a comprehensive plan for the City, in accordance with Section 163.3177 Florida
Statutes ("Comp Plan") which plan, upon implementation will serve to guide, control and determine
land use development and growth in a manner that is protective of the public health, safety and
welfare and the aesthetic and visual quality of the City so that they are further enhanced and
protected from impairment by compatible uses; and
WHEREAS, the City Commission and its staff has diligently worked with its planning
consultant, undertaken such preparation and has held workshops in conjunction with the Planning
Advisory Committee and the Local Planning Agency on certain issues of critical importance to the
City and its comprehensive plan; and
WHEREAS, in order to complete such work, the City will require an extension of the
moratorium for approximately sixty (60) additional days until the March 11 th Commission meeting
in order to accomplish its purposes;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Moratorium Extended. Section 3, entitled "Term" of Ordinance No. 98-40, shall be
amended to provide the term be extended until March 11, 1998, at which time the Moratorium shall
automatically dissolve unless it is reasonably extended as necessary until the completion of a final,
non-appealable adoption of a comprehensive plan for the City pursuant to Chapter 163 Florida
Statutes, 1995.
Section 2. Ordinance No. 98-40 to remain in full force and effect. Except as modified in Section
1 hereinabove, all ofthe terms and conditions of Ordinance No. 98-40 shall remain in full force and
effect.
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Section 3. Effective Date. This Ordinance shall become effective ten (10) days after adoption
on second reading.
Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be
affected by such invalidity.
PASSED AND ADOPTED on first reading the 17th day of December, 1998.
PASSED AND ADOPTED on second reading this 21 st day of January, 1999.
ATTEST:
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Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Moved by: Commissioner Kauffman
Seconded by: Commissioner Morrow
VOTE: 5-0
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Mayor David Samson
Vice Mayor Irving Turetsky
Commissioner Lila Kauffman
Commissioner Daniel Iglesias
Commissioner Connie Morrow