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Home My WebLink AboutO-11024J-92-796 11/12/92 ORDINANCE NO. 1 1 0 !4 4 AN EMERGENCY ORDINANCE RELATING TO HURRICANE RELIEF; AMENDING SECTION 2 OF ORDINANCE NO. 10995, ADOPTED SEPTEMBER 10, 1992, BY EXTENDING, FOR AN ADDITIONAL NINETY (90) DAY PERIOD, THE EFFECTIVE DATES FOR ALL VARIANCES, SPECIAL EXCEPTIONS, SPECIAL PERMITS, AND OTHER LAND -USE APPROVALS, AND THE LIKE, GRANTED BY THE CITY OF MIAMI PURSUANT TO ITS ZONING ORDINANCES AND SPECIFIC CHAPTERS OF THE CITY CODE, WHEN SUCH APPROVALS HAVE EXPIRATION DATES WHICH WERE PREVIOUSLY SCHEDULED TO OCCUR FROM AUGUST 24, 1992, TO NOVEMBER 22, 1992, RESULTING IN A CUMULATIVE EXTENSION OF ONE HUNDRED AND EIGHTY (180) DAYS; PROVIDING FOR EXCEPTIONS; CONTAINING A MODIFIER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami, and its environs were victimized by a devastating natural disaster on August 24, 1992, in the form of Hurricane Andrew; and WHEREAS, there exists many land -use and other authorizations for development activity which have expiration dates on or after August 24, 1992, issued pursuant to City of Miami zoning ordinances and specific provisions of the City Code; and WHEREAS, under the post -hurricane circumstances, it became evident that the holders of many of these grants or permits are unable to reasonably meet the time -lines contained within said City of Miami approvals due to storm related conditions beyond the control of said permittees and grantees; and CITY CON3UMCW MEETING OF NOV 12 1992 11024 WHEREAS, the City Commission, on September 10, 1992, in anticipation of such difficulties, adopted Ordinance No. 10995, granting a ninety (90) day extension on certain specified land - use and other authorizations for development activity; and WHEREAS, post -hurricane development activities have proved more difficult and time consuming than originally contemplated due to circumstances directly attributable to the hurricane, thus necessitating this additional time extension; and WHEREAS, it is in the best interest and general welfare of the citizens of the City of Miami that development activity not be further adversely affected by time -lines and deadlines now rendered untimely and unreasonable by hurricane -related developmental impediments; and WHEREAS, it is not the intent of the City of Miami Commission that this Ordinance apply in any way to requirements of the South Florida Building Code or any actions by the Building Official of the City of Miami pursuant to provisions of the South Florida Building Code, or to Certificates of Use for existing activities; and WHEREAS, it is the intent of the Miami City Commission that this ordinance shall not apply to or be the basis for any further extension of time available for the payment of funds due the City to guarantee required parking, and any and all such obligations shall be due pursuant to the terms of their authorizing document(s), subject to the terms of Ordinance No. 10995, without any further extension. -2 11024 NOW, THEREFORE, BE IT ORDAINED 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. Section 2. Ordinance No. 10995, adopted September 10, 1992, is hereby as follows:l/ Section 2. As a consequence of the devastation and havoc wreaked by Hurricane Andrew on August 24, 1992, all land -use, zoning, or other such authorizations and/or approvals granted by the City of Miami Commission and all boards, committees and agencies under the jurisdiction of the City of Miami Commission pursuant to a City of Miami zoning ordinance or Chapters 17, 23.1, 54.5 and 62 of the Code of the City of Miami which were to have expired during the period from August 24, 1992, to November 22, 1992, are hereby automatically extended for one hundred and eighty (180) days. Section 3. The provisions of section 2, above, shall not apply to or be the basis for any further extension of time provided for the payment of money due the City to guarantee the provision of required parking, and any and all such obligations shall be due pursuant to the terms of their authorizing document(s), subject to the original terms of Ordinance No. l/ 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. -3- i1®24 10995, without the additional ninety (90) day extension provided for herein. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance, are hereby modified. Section 5. 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 6. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity of the City of Miami to facilitate approved development activity of all types and lands now greatly needed in the community due to the passage of Hurricane Andrew. Section 7. The requirements of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 8. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of November , 1992. ATTEST MATTY HIRAI CITY CLERK ER L. SgA+REZ, MAYOR -4- 11024 PREPARED AND APPROVED BY: ME. MAXWELL EF ASSISTANT/CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. 06INN PlIES II CITY AT NEY M955/JEM/mis -5- �i024 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 Octelma 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. 11024 in the ............. X. X....................... Court, was published in said newspaper in the issues of December 7, 1992 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said 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 dvertisement; and affiant further says that she ha r pai nor promised any perso firm or corporation s unt, r bate, commission or r und�jor the purl ng th advertisement for p tic in the said o Sworn to and subscribed before me this 7.tkr' day of i...D_eqAe.r............ A.D. 19.9.2.. .............. ............... (SEAL) � Octelma V. Ferb;Vre 41 wn to me. W oWC►A NOTARY SEA" L CRISTIAA C101081 COMMISSION NO. MY CONIMISSION Fxp APR 5,1495 CITY Of MIAM#„ FkOIUDA LIEGAL OTIC9 All Interested person Vill take notice that -on the :-12th day of November, 1992, the City Commission of Mismi,'Flodds, adopted the following titled ordirwtce: ORDINANCE NA. 11M AN EMERGENCY ORDINANCE AiLATiNG TO HUR- RICANE RELIEF; AMENDING $ECTION 2 OF ORDt. NANCE NO.10995, ADOPTED SEPYFMSER10,1992, BY EXTENDING, FOR AN.,ADDITiO"t NINETY (90I DAY PEWD, THE F. FECTIVE t?AFL FOR ALL VARIANCES, THE 1CITY OF Mt 1M1 To fT64 ORm, NANCES ANO'SPECIFi40HAP ERS OF THE CCOOOOIEE, WNEN SUCH APPR01N4 S HA@MLv' E7itRRATION MATES WHICHWEREYE PREViO(MY -SCilleMAWE TO , OCCUR FROM AUGUST 24,,,199P,. TO 'N ilER 22. 1992, RESULTOG MI A €UMULAA11VI5 VM04611111114iOF ONE HUNDRI AND EIGHTY (IBM DA r .PRAYMMlf3i' ,. FOR EXCEPTION$; 06WAINMI@ A Mf 0WJEfl PRQMk SION AND A SEVERAHILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATED. Said ordinance may be insWted'by the public at the Office of the City Cleric, 35W Pan American. Mwh4 !iorida.- MorMciaY through Friday, excluding holidays, between the hours bfP:00 am. and f1A0 p.m. (11111547) MATTY HIRAI - CITY CLERIC: MIAMI, FLORIDA 12R : 92s4-130T43M t 7 cto CD G!i ,„rr 0