HomeMy WebLinkAboutOrdinance 2008-299
ORDINANCE NO. 2008 - ~9or
AN ORDINANCE OF THE CITY OF THE SUNNY ISLES
BEACH, FLORIDA, AMENDING SECTION 265-11(N)(3) OF
THE CITY CODE TO PERMIT A VOLUNTEER PROGRAM
FOR EXTENSION OF TIME FOR UNEXPIRED
DEVELOPMENT APPROVALS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR REPEALER; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 265-11 (N) (3) of the City of Sunny Isles Beach, Florida (the
"City") Code provides for extension of times under the City's zoning code.
WHEREAS, the housing market crash in the United States has drastically impacted
development in the City of Sunny Isles Beach; and
WHEREAS, members of the development community have requested additional time
from the City Commission to build approved development projects; and
WHEREAS, the City Commission wishes to create a voluntary program to provide
additional time to pull a building permit for unexpired development approvals.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this ordinance
upon adoption hereof.
Section 2.
follows:
Amendment. Section 265-11 (N) (3) of the City code IS amended to read as
(2)
Time periods/expiration - development order. Each and every
development order issued by the City pursuant to these LDRs shall be
valid for a period of 24 months from the date of issuance of the
development order and a building permit must be obtained during said
twenty-four-month period (and construction begun and continue
thereunder) except in the event a different time period to obtain a building
permit is expressly authorized by the City commission and set forth in the
development order. The foregoing sentence shall apply to development
orders for all developments, inclusive of multiphase projects. A
development order shall expire earlier in the event any condition or
requirement of the development order containing a specific time period for
performance is not timely obtained or thereunder expires (or due to
noncompliance with express conditions) and a development order expires,
Ordinancc amcnding Scction 265-11 oftllc City Codc _ 1 _
a provided above, it shall be deemed null and void and a new development
order shall be required prior to development consistent with the LDRs
then in effect. This subsection shall not apply to land use plan
amendments or rezoning.
(3) Extensions of time. If a developer desires additional time (beyond the
twenty-four-month or other specified period), the developer may request
an extension from the City Commission by completing an application for
extension prior to the expiration of the twenty-four month or other
specified period. The City Commission shall consider any such request on
a case by case basis, and may grant an extension for a period of time
deemed reasonable by the City Commission if the developer clearly
established good cause for the extension and that the need for the
extension is based substantially on events or occurrences beyond the
control of the developer; provided, however, while the inability to obtain
financing, volatility in the economy and/or changes in the market
conditions affecting a project, as examples, may not constitute
circumstances beyond the control of the developer, two or more of these
factors combined and/or in combination with other relevant factor, may be
sufficient as determined by the City Commission, to establishes the need
for the extension. Notwithstanding any provision in this Code, the City
Commission has the authority to create administratively a voluntary
program to provide additional time for development approvals based
solely on the economy and market conditions. The voluntary program
shall be administered by the City Manager or designee. The City Manager
has the authority to establish guidelines to administer the voluntary
program.
Section 3. 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 to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clause, 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.
Section 4. Inclusion in the Code. lt is the intention of the Commission, and it is hereby
ordained, that the provisions of this ordinance shall become and be made a part of the code of the
City of Sunny Isles Beach, Florida; and that the sections of this ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "ordinance" shall be changed to
"section" or other appropriate word, as required.
Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
Ordinancc amcnding Scction 265-11 of thc City Codc - 2 _
PASSED AND ADOPTED on first reading this 21 'iday of FCCb. ,2008.
PASSED AND ADOPTED on second reading this 2&"day of rY\ActC.tT,2008
ATTEST:
~A~
Jane A. Hines, CMC, City Clerk
~l1t-tIJJ ~!t~~
rman S. Edelcup, Mayo!
Moved by: ~~" ~Hb1..L
Seconded by: 'Y\U. ~ -r Hh'tR.
Vote: 5-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Srezin
Commissioner Goodman
Commissioner ScholJ
~Yes)
~y es)
V(Y es)
~(Y es)
VCYes)
_(No)
_(No)
_(No)
(No)
(No)
Ordinance amending Section 265-11 of the City Code - 3 _
CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission, also sitting as the Local Planning
Agency, of the City of Sunny Isles Beach, Florida, will hold a public hearing in the Sunny Isles
Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue,
Sunny Isles Beach, Florida, on Thursday, March 20, 2008, at 7:30 p.m., to consider adoption of
the following proposed Ordinances:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AMENDING SECTION 265-11 (N)(3) OF THE CITY CODE TO
PERMIT A VOLUNTEER PROGRAM FOR EXTENSION OF TIME FOR
UNEXPIRED DEVELOPMENT APPROVALS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER;
PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AMENDING SECTION 265-23(G)(2) OF THE CITY CODE
RELATING TO THE TRANSFER OF DEVELOPMENT RIGHTS ("TDRS") FOR
PRIV ATE PARTIES; PROVIDING FOR CLARIFICATION OF EXPIRATION OF
PRIVATE TDRS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
Inquiries regarding these items may be directed to the City Clerk at 305-947-0606. A copy of this
document is available for public inspection during normal business hours in City Hall.
Jane A. Hines, CMC, City Clerk
All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing
addressed to the City Commission c/o the City Clerk, City of Sunny Isles Beach, 18070 Collins A venue, Sunny Isles
Beach, Florida, 33160. Any person wishing to address the City Commission at a public hearing is asked to register
with the City Clerk by completing a public speakers' card prior to the item being heard, The hearings on these
matters may be continued at this meeting and under such circumstances, additional legal notice would not be
provided. If a person decides to appeal any decision made by the City Commission with respect to any matter
considered at such meeting, they will need a record ofthe proceedings and, for such purpose, may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact the City Manager at 305-947-
0606, no later than 48 hours prior to the proceedings; ifhearing impaired, please telephone the TTY line at 305-792-
1590 for assistance.
Page 1 of 1
OF SUl'l
City of Sunny Isles Beach
J 8070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 I I 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Cily Commission
Norman S. Edelrup. tvla)'or
Lewis .1. Thaler. "ice Ma)'or
Gerry Goodman. lOmll1lSsioner
I~oslyn Brezin, CommISSIOner
George "Bud" Scholl. lommisslOner
A. .John Szcrlag, Cit)' Manager
lIans Ottinot, Cif)' AI/orne)'
.Jane A. llines, C!\1c, Cil)' tlerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney ~
DATE: February 21, 2008
RE: Amendment to Section 265-11 (N)(3) to the City Code relating to Extension of Time for
Development Approvals
RECOMMENDA TION
This Ordinance is presented for your consideration and approval.
REASONS
The purpose of this amendatory Ordinance is to create the legal authority that will permit the
establishment of a voluntary program to provide for extension of time for development approvals due
solely for economic reasons/market conditions relating to the housing market.
/attachment
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Agenda [tem
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6- "2O-()<l
Date
Page 1 of 1
Priscilla Walker
From:
Priscilla Walker
Sent: Thursday, April 17, 2008 12:53 PM
To: Robert Solera; Clayton Parker
Cc: Helena Forbes; Elena Del Campillo; Paola Villa; Jasmine Barnes
Subject: Legislation Approved at March 20, 2008 City Commission Meeting
Attachments: R2008-1236.PDF; 02008-298.PDF; LPA Reso 2008-49.PDF; 02008-299.PDF; LPA Reso 2008-50.PDF;
02008-300.PDF
At its regular meeting of March 20, 2008, the City Commission approved the attached legislation.
Item Descrirrtion
Resolution No. 2008-1236 Approval of Final Order re TRAN Bid Protest
Ordinance No. 2008-298 Water Restrictions
LP A Resolution 2008-49 & Volunteer Program for Extension of
Ordinance 2008-299 Development Approvals
LP A Resolution 2008-50 & Clarification of Expiration of Private TDRs
Ordinance No. 2008-300
Thank you.
Prisci{(a 'Wa{figr, CMC, Deputy City Clerk
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, FL 33160
(305) 792-1703 Phone (305) 949-3113 Fax
www.sibfl.net
Please note:
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address
released in response to a public records request, do not send electronic mail to this entity.
Instead, contact this office by phone or in writing.
4/1 7/2008