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HomeMy WebLinkAboutO-11047J-93-292 3/11/93 ORDINANCE NO. 1104'7 AN EMERGENCY ORDINANCE AMENDING CHAPTER 54.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS", BY AMENDING SECTION 54.5-7 ENTITLED "SAME - PROCEDURE - CONFERENCE AND TENTATIVE PLAT THEREBY AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO GRANT AN EXTENSION OF TIME TO THE ONE-YEAR TIME FRAME REQUIRED TO OBTAIN FINAL PLAT APPROVAL BY THE CITY COMMISSION AFTER APPROVAL OF THE TENTATIVE PLAT BY THE PLAT AND STREET COMMITTEE, SAID TIME EXTENSION NECESSITATED BY THE SANITARY SEWER CONNECTION MORATORIUM AS ISSUED BY THE DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT ("DERM"); CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 54.5-7 of the Code of the City of Miami entitled "Same -Procedure -Conference and tentative plat", establishes a maximum one (1) year time frame to obtain City Commission approval of the final plat after approval of the tentative plat by the Plat and Street Committee; and WHEREAS, the Dade County Department of Environmental Resources Management (the "DERM") has issued a sanitary sewer connection moratorium (the "Moratorium") in certain areas designated as "critical sewer areas" ("the critical sewer areas"); and WHEREAS, the Moratorium affects virtually all of the City of Miami, Florida; and 11047 WHEREAS, the DERM is prohibiting the Dade County Water and Sewer Authority Department (the "WASAD") from entering into any water and sewer agreements with property owners in the "critical sewer areas" where said agreements would allow for an increase in sewer flows; and WHEREAS, in some cases property owners in the City of Miami (the "City") are unable to proceed with their tentative plats subsequent to approval by the City's Plat and Street Committee since the WASAD will not grant certain required approvals unless water and sewer agreements are executed and such agreements cannot be executed due to the Moratorium; and WHEREAS, said denial of water and sewer agreements has resulted in delays in the processing of the tentative and final plat approvals for properties located within the "critical sewer areas," causing a hardship to those applicants; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the City Code of the City of Miami, as amended, as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 11047 -2- Section 2. Section 54.5-7 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars: I/ "Section 54.5-7. Same -Procedure -Conference and tentative plat (E) Approval of tentative plat. Approval and recommendation of the tentative plat by the plat and street committee shall be valid for a period of one (1) year under the terms and conditions stipulated by the committee for said approval, except for governmental entities and agencies, J= which the approval and recommendation of the plat and street committee. Hubiect to the terms and conditions stipulated therein. shall be valid for a period of two (2) years. In the event that the subdivider does not submit a final plat and receive commission approval within the above specified time limit, the tentative plat shall be deemed abandoned and to obtain commission approval of a Final plat the subdivider shall resubmit the tentative plat or a new tentative plat atust be reaSubuitt with a new application and payment of the required fees. A subdivider der may request an extension of time in which to file a final plat by submitting a written request. prior to the expiration on of the tentative plat. to the director of the Public Works Department. stating that i.._ _ --- _.. __1 -1 -- .[ -_ 9- _-L-J' .2 - - 11--.2 A.A --'1 win...ww ..w-e 11 * at Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 1-10,17 -3- Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of health, safety, welfare and property of the City of Miami, and upon the further grounds of the necessity to permit property owners to proceed with obtaining approvals of final plats during the sanitary sewer connection moratorium and to protect the approvals that have been obtained from the plat and street committee. Section 6. The requirement of reading this Ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. Section 7. This ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED this 11th day of March, 1993. 4: ATT T ' G"" XAVIER L SUAPKZ, MAYOR MAT Y HIRAI City Clerk 11047 -4- SUBMITTED BY: WALDEMAR E. LEE Director of Public Works APPROVED AS TO FORM AND CORRECTNESS: GMM/pb/csk/M1007 PREPARED AND APPROVED BY: G. MIRIAM MAER Chief Assistant City Attorney 11047 -5- Q.itv Of t�xxrtY MATTY HIRAI City Clerk May 21, 1993 Mrs. Priscilla Domenech Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mrs. Domenech: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinance which amends the Code of the City of Miami, Florida: 11047 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: _ EbEPU�`1��.` TY VEWRK RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330705/Miami, Florida 33233.0700/(305) 2WS360 llt#� �f �t�cmt . of-M '3 MATTY HIRAI �= City Clerk 9 ��o OF'�O' FLO May 21, 1993 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinance which amends the Code of the City of Miami, Florida: 11047 If I can be of any further assistance, please do not hesitate to call. Very truly yours, Valerie Greenwood Deputy City Clerk Enc. a/s OFFICE OF THE CITY CLERK/35W Pan American Drive/P.O. Box 330 WMiami, Florida 33233-0708/(30S) 2WSW Qsiav of iztnti °F MATTY HIRAI City Clerk GE �O FLOP May 21, 1993 Katherine Fernandez Rundle, Esq. State Attorney 1351 N.W. 12th Street Miami, FL 33125 Dear Ms. Rundle: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinance which amends the Code of the City of Miami, Florida: 11047 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk UBY: _ DEPUTY—tITY CLERK N RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/35W Pan American Drive/P.o. Sox 33070e/Miami, Florida 33233-WW(30S) 2WS360 MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelms V. Ferbeyre, who on oath says that she Is the Super. visor, Legal Notices of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11047 in the ..................... X. X..X............ Court, was published in said newspaper in the Issues of April 21, 1993 Afflant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the sold newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached f advertisement; and aftiant father says that she ha er p id nor promised any pen firm or corporation yid count robots, commission or funds the Purposeo s urine t is advertisement for 7Q Sworn to and subscribed before me this 2 st day of ........... ri.l....., A.D. t11.93... . .. ........... ........... AGNES L-MA .......... (SEAL) NOOtARY P`UtBLIC STATE OF FiM Octelma V. Ferbe re,gF'1V4Fr 27I10r )56lON EXP. IAN. 41 CITY OF-MIAM1, FLOM©A - LEOIAL NOTICE ,All interested persons -will take notice that on the 11th day o March 1 the City Commission of Miami, Florda; odd' prb1}-d owing titled ordinance: ORDINANCE NO. 11047 AN EMERGENCY ORDINANCE AMENDING CHAPTER •54.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS", BY AMENDING SEC. TIN 54.5-7 ENTITLED "SAME- PROCEDURE — CONFERENCE AND TENTATIVE PLAT", THEREBY AUTHORIZING THE DIREC- TOR OF PUBLIC WORKS TO GRANT AN EXTENSION OF TIME TO THE ONE-YEAR TIME FRAME REQUIRED TO OBTAIN FINAL PLAT APPROVAL BY THE CITY, COMMISSION AFTER APPROVAL OF. THE TENTATIVE PLAT BY THE PLAT AND STREET COMMIT- TEE, SAID TIME EXTENSION NECESSITATED BY THE SANtTARY SEWER CONNECTION MORATORIUM AS ISSUED BY.THE DADE COUNTY DEPARTMENT OF: ENVIRONMENTAL RESOURCES MANAGEMENT ("DERMI g CONITA1NIING A REPEAtjER PRQMM0N' AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinance may be Inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8:00 a.m. and 5:00 p.m. MATTY HIRAI CITY CLERK MIAMI, FLORIDA (N1049q 4121 93-4-042161M %d