HomeMy WebLinkAboutO-11864J-99-848
10/25/99 1186-4
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000, BY AMENDING THE TEXT OF THE GOALS,
OBJECTIVES, AND POLICIES OF THE FUTURE LAND
USE ELEMENT TO ADOPT DESIGNATION OF AN URBAN
INFILL AREA AND TO MEET STATE REQUIREMENTS
REGARDING SCHOOL SITING AND CO -LOCATION; SAID
AMENDMENTS MAKING SUBSTANTIVE ADDITIONS;
DIRECTING TRANSMITTAL OF THE HEREIN ORDINANCE
UPON APPROVAL OF FIRST READING; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes,
on February 9, 1989, the City Commission adopted Ordinance
No. 10544, the Miami Comprehensive Neighborhood Plan 1989-2000
(MCNP); and
WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes,
and Chapter 9J-5, Florida Administrative Code (FAC), Miami -Dade
County adopted designation of an urban infill area lying
genefally east of the Palmetto Expressway and including all of
the City of Miami; and
WHEREAS, pursuant to Chapter 163, Part II,.Florida Statutes,
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and Chapter 9J-5, Florida Administrative Code (FAC), all local
governments are required to address school siting and co -location
in their comprehensive plans; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of September 22, 1999, Item No. 9, following an advertised
hearing, adopted Resolution No. PAB 41-99 by a vote of eight to
zero (8-0), RECOMMENDING APPROVAL of proposed amendments; and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest and
general welfare of the City of Miami and its inhabitants to amend
Ordinance No. 10544, as amended, as hereinafter set forth;
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. 10544, as amended, the Miami
Comprehensive Neighborhood Plan 1989-2000 is hereby amended by
amending the text of the Goals, Objectives and Policies of said
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Ordinance as follows:"
"Ordinance No. 10544
Goals, Objectives, Policies
Future Land Use
1 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.
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Section 3. All 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. The City Manager is hereby directed to
instruct the Director of the Department of Planning to transmit a
copy of this Ordinance immediately upon approval of the first
reading to the Secretary, Florida Department of Community
Affairs, 2555 Shumard Oaks Boulevard, Tallahassee, Florida 32399-
2100 for review and comment as provided by Chapter 163 F.S. and
Rule 9J-5 F.A.C.
Section 6. This Ordinance shall become effective forty-
six (46) days after final reading and adoption thereof.2�
PASSED ON FIRST READING BY TITLE ONLY this 26th day of
This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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October, 1999.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this jj�6.th.iday of November, 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code See. 2-36, since the Mayor did not indicate apprrovall of
this legislation by signing it in the designated place provided, said legislation n-viv
becomes effective with the elapse o
regarding same, without the Mayor
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED ASO' O,FORM AND CORRECTNESSt/
A L E �,T,A ' M'
C i A
W773;PMM: eij : BSS
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SECOND REARING
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department
HEARING DATE September 22, 1999
REQUESTILOCATION Consideration of amending the Goals, Objectives and Policies of
the Miami Comprehensive Neighborhood Plan.
LEGAL DESCRIPTION N/A
PETITION Consideration of amending Ordinance 10544 as amended, the
City of Miami Comprehensive Neighborhood Plan by amending
the Goals, Objectives and Policies of the Future Land Use
Element in order to add a new Policy LU-1.1.11 which adopts
designation of the entire City of Miami as an Urban Infill Area
pursuant to Miami -Dade County's designation and regarding
school siting and collocation of schools.
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND Please see attached analysis.
ANALYSIS
PLANNING ADVISORY BOARD Approval VOTE: 8-0
CITY COMMISSION Passed First Reading on October 26, 1999.
APPLICATION NUMBER 99-034 Item #9
................................................................................................................................... ..............................................................................................
CITY OF MIAMI - PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
..................................................................................................................................................................................................................................
Date: 09/17/99 Page 1
11864
PROPOSED AMENDMENTS
OMIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
City of Miami Planning Advisory Board
September 22, 1999
BACKGROUND AND ANALYSIS
In recent years, the Florida Legislature amended sections 163.3180(5) and 163.3177(6)(a), Florida Statutes
to allow for designation of urban infill areas and to require school location criteria in local government
comprehensive plans.
Regarding urban infill, Chapter 163.3180(5)(a), F.S., notes that "often the unintended result of the
concurrency requirement for transportation facilities is the discouragement of urban infill development and
redevelopment. Such unintended results directly conflict with the goals and policies of the state
comprehensive plan and the intent of this part" The statute provides for the granting of exceptions from the
concurrency requirement for transportation facilities if a proposed development is located within an area
designated for urban infill development Within the past several years, Miami -Dade County adopted
designation of an urban infill area lying generally east of the Palmetto Expressway and including all of the
City of Miami. It is appropriate that the City of Miami reflect and affirm this designation in its own
comprehensive plan.
Regarding school siting and collocation, Chapter 163 now requires local governments to identify land use
categories within which public schools are a permitted use and to seek, as a matter of policy, to collocate
schools with other public facilities such as parks, libraries, and community centers. The City of Miami permits
schools in all land use categories except Conservation, Restricted Parks and Recreation, and Industrial;
^ complying with the requirements of the statute simply requires an affirmation of this fact Regarding
collocation, the City always has coordinated with the school board regarding possible sites for new or
expanding public school facilities, encouraging collocation whenever feasible.
The state legislation indicates that any local government failing to incorporate school location and collocation
criteria by the October 1, 1999 deadline will be prohibited from amending its comprehensive plan. Thus, it is
vital that the City pursue adoption of this amendment with the greatest possible urgency.
RESOLUTION PAB -41-99
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A RESOLUTION RECOMMENDING APPROVAL TO AMEND ORDINANCE
10544, AS AMENDED, THE CITY OF MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY AMENDING THE GOALS, OBJECTIVES AND
POLICIES OF THE FUTURE LAND USE ELEMENT IN ORDER TO ADD A
NEW POLICY LU-1.1.11 WHICH ADOPTS DESIGNATION OF THE ENTIRE
CITY OF MIAMI AS AN URBAN INFILL AREA PURSUANT TO MIAMI-
DADE COUNTY'S DESIGNATION; AND IN ORDER TO ADOPT LU-1.1.12
TO COMPLY WITH STATE REQUIREMENTS BY CONFIRMING THE
CITY'S SCHOOL SITING AND CO -LOCATION LAND USE POLICIES.
HEARING DATE: September 22, 1999
ITEM NO. 9
VOTE: 8-0
ATTEST• 2
a Gelabert-Sanchez, i ector
Planning Department