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ORDINANCE NO. 2021- S7 Z AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, EXTENDING THE TERM OF ORDINANCE NO. 2019-541, AS EXTENDED BY ORDINANCE NO. 2020- 555 AND ORDINANCE NO. 2021-563, FOR AN ADDITIONAL SIX (6) MONTHS FROM SEPTEMBER 19, 2021; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 19, 2019, the City Commission of the City of Sunny Isles Beach ("City"), adopted Ordinance No. 2019-541, imposing a twelve (12) month moratorium on the acceptance of applications for, the processing of, and the issuance of, development permits and development orders within the Town Center Zoning District, as described in Section 265-37 of the City of Sunny Isles Beach Code of Ordinances ("Town Center"); and WHEREAS, on December 19, 2019, the City Commission adopted Ordinance No. 2019- 549, which created a Town Center South Overlay District and a Town Center North Overlay District and provided for density and intensity in the Town Center South Overlay District for the first time; and WHEREAS, on December 19, 2019, the City Commission also adopted Ordinance No. 2019-550 which effectuated Future Land Use Map (FLUM) Amendments to reflect the creation of the Town Center South Overlay and the Town Center North Overlay and providing for land use designation amendments for certain properties located in the Town Center South; and WHEREAS, on January 17, 2020, a Petition for Administrative Hearing (Case No. 20- 0190GM) ("Petition") was filed with the State of Florida Division of Administrative Hearings ("DOAH") challenging the City's adoption of Ordinance Nos. 2019-549 and 2019-550 ("Comprehensive Plan Amendments"); and WHEREAS, soon thereafter, on March 9, 2020, Governor DeSantis issued Executive Order Number 20-52 declaring a State of Emergency in the State of Florida as a result of the Novel Coronavirus Disease 2019 ("COVID-19"); and WHEREAS, on March 12, 2020, the City Manager also declared a Local Emergency as a result of COVID-19; and WHEREAS, on March 17, 2020, as a result of COVID-19, the Governor's Executive Order 20-51, and DOAH's Administrative Order AODOAH2O-21, in addition to the requests of the Petitioner, the Administrative Law Judge ("AU") postponed the final hearing on the Petition until June 8, 2021; and WHEREAS, the final hearing on the Petition concluded on June 9, 2021, however, it will take several months before a final order is entered by the AU; and WHEREAS, as a result of the Petition challenging the City's Comprehensive Plan Amendments, Ordinance Nos. 2019-549 and 2019-550 will not become effective on or until the state land planning agency or the Administration Commission enters a final order determining 02021 Extend Zoning Moratorium Page 1 of 4