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Developers urge lifting of Mixed Use Resort zoning‑in‑progress; city attorney and staff say it provides legal notice while bonuses are reviewed
Summary
Developers with a pending Mixed Use Resort application told the Sunny Isles Beach commission their financing is strained by a multi‑year zoning‑in‑progress; the city attorney and planning staff said the moratorium is a legal notice tool while the commission refines development bonus rules.
Developers and property owners with a pending application in the Mixed Use Resort (MUR) district asked the Sunny Isles Beach City Commission on Wednesday to remove the MUR district from a citywide “zoning in progress” so their project could move forward. Applicants said they are far along in plan review and that continued delay threatens financing and project timelines.
“...we were supposed to close on it almost 18 months ago. We delayed it because of the zoning in progress,” developer Eric Forden told the commission, adding the owner had closed and was incurring significant financing costs. Tracy Slavens, representing the applicant group, said their proposal “complies with the code” and urged the commission to let the project be heard.
City Attorney Alan Cole and planning staff explained the purpose of a zoning‑in‑progress: to give notice to property owners and potential applicants that the city is changing land‑use regulations so owners do not reasonably rely on the old rules and later claim damages. Cole said the zoning‑in‑progress preserves the city’s defense against equitable‑estoppel claims and that the commission retains the discretion to advance individual projects on a case‑by‑case basis if the applicant agrees to meet anticipated changes. “You still have a zoning in progress,” Cole said. “You're just compromising the city's ability to provide notice of that.”
Commissioner debate focused on the balance between avoiding legal risk for the city and allowing long‑standing applications to proceed. Some commissioners said the MUR code changes already adopted for the comprehensive plan effectively clarify maximum entitlements, and questioned whether the zoning‑in‑progress should continue for more than two years. Others emphasized the need to finish the planned LDR analysis of the development bonus program before lifting the moratorium.
Outcome and next steps: The commission voted to continue the zoning‑in‑progress for the four districts named (Mixed Use Resort, Town Center, Neighborhood Business and Business Overlay). Staff said they will continue work on the bonus program ordinance; the commission can consider lifting the hold on a specific application if staff and the applicant reach an agreement that the project will comply with upcoming rules.
Ending: Developers may still be able to move individual projects forward through a negotiated, case‑by‑case determination, but the city keeps the zoning‑in‑progress in place while it completes code work to analyze and set bonus pricing and program rules.
