HomeMy Public PortalAbout1994-05 Amending Village Ordinance No 92-11 Building MoratoriumORDINANCE NO. 94-5
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AMENDING ORDINANCE NO. 92-11
(BUILDING MORATORIUM) BY EXTENDING THE TERM OF
THE BUILDING MORATORIUM; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE
WHEREAS, the Village of Key Biscayne was incorporated on
June 18, 1991; and
WHEREAS, Florida Statutes Chapter 163, Part II, (the "Growth
Management Act") requires that the Village adopt a comprehensive
plan within three years of incorporation; and
WHEREAS, it has been determined that there is a substantial
risk that during the pendency of the adoption of the comprehensive
plan, interim incompatible, irreparable and irreversible growth and
development is likely to occur and such development may cause
public services to fall below acceptable levels; and
WHEREAS, on May 26, 1992, the Village adopted Ordinance No.
92-11 establishing a building moratorium; and
WHEREAS, the moratorium, by its terms, was to expire as of
June 1, 1994, or upon the final adoption of the comprehensive plan,
whichever occurred earlier; and
WHEREAS, although the Village has diligently pursued
completion of its comprehensive plan, the plan has not been
adopted; and
WHEREAS, the Village wishes to continue to avoid such interim
growth and development and to maintain the status quo by extending
this limited, temporary moratorium.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Sec. 1. That Chapter 6, Sec. 6-I(c) of the Village Code is
hereby amended to read as follows:1
TERM. The moratorium imposed by this
Ordinance is temporary and unless dissolved
earlier by the Board of Trustees, shall
automatically dissolveon June 1, 1994 upon the
final non -appealable adoption of a
comprehensive plan for the Village pursuant to
the Growth Management Act.whichevcr occur&
earlier
Sec. 2. 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, clauses, 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.
Sec. 3. EFFECTIVE DATE This Ordinance shall be effective
upon adoption on second reading.
PASSED AND ADOPTED on first reading this 31st day of May ,
1994.
'Words struck through are deletions to text; words highlighted
are additions to text.
2
PASSED AND ADOPTED on second reading this 14th day of June
1994.
APPROVED AS TO FO
Stephen . Hel
AN P LEGAL SUFFICIENCY
an, Vi age Attorney
3
Olife Miami HErtt@
A Knight-Ridder Newspaper
PUBLISHED DAILY
MIAMI, FLORIDA
STATE OF .FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
Carla DeBeche
who on oath says that he/she is
Sales Representative
of The Miami Herald, a daily newspaper published at Miami in Dade
County, Florida; that the attached statement of advertisement for
Village of Key Biscayne was published in said newspaper in the issues
of:
May 26, 1984 in the Miami Herald on page 27A
Affiant further says that the said Miami Herald is a newspaper
published at Miami, in the said Dade County, Florida and that the
said newspaper has heretofore been continuously published in said
Dade County, Florida, each day 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 copy of advertisement.
Sworn to and subscribed before me
this / rday of
My commission expires:
A.D. 19 �/J�.
\P..PY PU6, OFFICIAL NOTARY SEAL
O ei BARBARA ACKERMAN
Z SalC'I' 0
* 1, 1f} * COMMISSION NUMBER
<1, . `• Q CC241780
"7i '.� e� MY COMMISSION EXP.
`�0,: cc:\..a DEC. 28 1996
MN Ottani' Hera
A Knight-Ridder Newspaper
PUBLISHED DAILY
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
Carla DeBeche
who on oath says that he/she is
Sales Representative
of The Miami Herald, a daily newspaper published at Miami in Dade
County, Florida; that the advertisement Village of Key Biscayne was
published in said newspaper in the issues of:
June 10, Miami Herald on page l0A
Affiant further says that the said Miami Herald is a newspaper
published at Miami, in the said Dade County, Florida and that the
said newspaper has heretofore been continuously published in said
Dade County, Florida, each day 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 copy of advertisement.
Sworn to and subscribed before me
this day of,
My commission expires:
A.D. 19 9Y'
'\P(?Y Pt, OFFICIAL NOTARY SEAL
0�� , ,zrl�1 BARBARA ACKERMAN i
,,;' )f} .. COMMISSION NUMBER
co rr ''; Q CC241780
7i MY COMMISSION EXP.
`�OF �\--0 DEC. 2$,195$
Village of Key Biscayne
NOTICE OF ZONING CODE CHANGE
The Village of Key Biscayne proposes the following action within the arca shown in
the map in this advertisement:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA Aid/FENDING
ORDINANCE 92-11 (BUILDING MORATORIUM) BY EXTENDING THE TERM OF
THE BUILDING MORATORIUM: PROVIDING FOR SEVERABILITY AND AN
LTFECTIVE DALE.
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A public hearing o11 this ordinance \\ ill be held on Tuesday, ay, June 14. 1994. at 7:00 p.m,..
in the Council Chamber, 85 West Mchnt .Te Street_ Second Floor. Key I3isca\11e. Honda.
Copies of the proposed ordinance may be obtai_ncdat key iie
'Hine }- tall, Oflke
of the Village Clerk. 85 West Meth tyre Street. Key Biscayne. Florida 33149
Should any person desire to appeal any decision oldie Village Ceancil with respect to any maitcr to b
considered at this meeting, that person shall insure that a verbatim record of tiie proceedings is made
including all testimony and evidence upon which any appeal may be based (F.S. 286.0105).
Guido H. Inguanzn, Jr.
Village Clerk