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HomeMy WebLinkAboutOrdinance 2002-160 ORDINANCE NO. 2002-J ~ D AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 2001-117, TO EXTEND THE TIME LIMIT 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 FOR A TEMPORARY STAY IN THE PUBLICATION OF THE "NOTICE OF AMORTIZATION OF ZONING APPROVALS" UNTIL THE DISPOSITION OF THE OMNIPOINT CASE OR THE ADOPTION OF THE LAND DEVELOPMENT REGULATIONS, WHICHEVER COMES FIRST; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 8, 1998, the City Commission passed Ordinance No. 98-52 permitting, among other things, a one year period within which a developer must use or lose a zoning approval unless such developer can prove a vested right to that approval by virtue of a detrimental change in circumstance; and WHEREAS, on January 18,2001, the City Commission passed Ordinance No. 2001-117 revising the time limit from one year to two years within which a building permit must issue for any variance, special exception, new use, special permit or unusual use, as it appeared that such a short period had become an unrealistic expectation for developers to proceed with their project approvals given environmental, permitting, financing, pre-sale requirements and other issues facing any developer; and WHEREAS, on June 20, 2002, the City Commission adopted Resolution No. 2002-465, 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, whichever comes first; and WHEREAS, pursuant to Ordinance No. 2001-117, the City Clerk's Office has published quarterly notices of amortization of zoning approvals in The Miami Herald. A copy of a notice is attached as Exhibit "A"; and WHEREAS, a temporary stay is needed for the publishing of the quarterly "Notice of Amortization of Zoning Approvals" until the disposition of the Omnipoint case or the adoption of the City's Land Development Regulations, whichever comes first. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 02002- Publication of Amortization Notice Amend Ord. 2001-117 1 Section 1. AMENDMENT OF ORDINANCE 2001-117. A. Limitations on issuance of permits. This Section is revised as follows: 1. The Department of Building and Zoning shall not issue any type of permit based upon any action of the City Commission until after a final decision has been rendered by that Commission, and/or in the event of an appeal, a final decision by a court of competent jurisdiction, provided however, a temporary conditional certificate may be issued prior to the final decision if the Director of the Department can first establish that withholding of the same would cause imminent peril to life or property and then, only upon such conditions and limitations including the furnishing of an appropriate bond as may be deemed appropriate by the Director. 11. The City Commission of the City of Sunny Isles Beach may proscribe a reasonable time limit within which action on any request for a variance (use or non-use), special exception, new use, special permit or unusual use within which action is required shall be begun or completed or both. However, if no time limit is specified by the Commission or was already specified by Ordinance #98-52, then approval of any such request approved under the City's new Comprehensive Plan shall expire in two (2) years from the date granted, unless a building permit, other than a foundation or permit for the construction of a temporary structure, which is based upon and incorporating the request is issued within the aforementioned two (2) year period and construction has begun thereunder. Failure on the part of the applicant to have a permit issued (and construction begun thereunder) within the applicable time period shall cause the application for change of zoning to terminate at the expiration of said two (2)-year period, unless extended by the City Commission after a public hearing on same, that the applicant has made progress sufficient to the City Commission within its sole determination. 111. The two-year time-period stated in Section HA)(ii) to proceed with development approval 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 Omnipoint decision was issued and ending on the date that all appeal periods expire with respect to a final determination of the Omnipoint case or. the adoption of the City's Land Development Regulations. whichever comes first. B. Special Notice Provisions. This Section is revised as follows: The City Clerk is hereby directed to delay the publishing of the quarterly "Notice of Amortization of Zoning Approvals" until the disposition of the Omnipoint case or the adoption of the City's Land Development Regulations. whichever comes first. When the first of these events occurs. the City Clerk shall then calculate the total days that have passed between March 6. 2002 and the earliest date 02002- Publication of Amortization Notice Amend Ord. 2001-117 2 that either all appeal periods expire with respect to a final disposition of the Omnipoint case or the adoption of the City's Land Development Regulations. Said total number of days shall be added to extend the two-year period over the B~t twe (2) years following the passage of this Ordinance No. 2001-117 to advertise quarterly in the Neighbors Section of The Miami Herald notice that all such prior approvals of variances, special use and non use, special exceptions, new uses, special permits or unusual uses granted prior to the passage of this Ordinance shall be amortized during this two (2) year period. * * * Section 2. Repealer. Any and all ordinances, resolutions, and parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or in conflict herewith. Section 3. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. PASSED AND ADOPTED at first reading the 19th day of September, 2002. PASSEDANDADOPTEDonsecondreadingthis \~~ da O~ ,2002. ,. "A tiEs-r: .., \..' ~ ; ,'- i# / ..~ ~ ;,;, r'" . '. ... .... p' ., ~ ~ s 1 .. .~~~.~ ~ ~~ . Rj~kard Btown-:b4bnlla, City Clerk 1 :;__ _. ~'.- 02002- Publication of Amortization Notice Amend Ord. 2001-117 3 Vote: $-0 Mayor Samson Vice Mayor Iglesias Commissioner Edelcup Commissioner Goodman Commissioner Kauffman 02002- Publication of Amortization Notice Amend Ord. 2001-117 Moved by: C b""'w-.,\ <;'<;\tH.JCUC f\~FF(h~AJ Seconded by: Y\L~ YY\~R '"IGLgJ~ v (Yes) ~(Yes) ~(Yes) V (Yes) t/ (Yes) _(No) _(No) _(No) _(No) _(No) 4