HomeMy WebLinkAboutCC Legislation (Version 1)File Number: 08-00223ct1
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING THE STIPULATED SETTLEMENT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA") AND THE
INTERVENOR, "THE MIAMI RIVER MARINE GROUP INC.", REGARDING A
PENDING DISPUTE OVER CERTAIN AMENDMENTS TO THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") AFFECTING THE MIAMI
RIVER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STIPULATED
SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED;
DIRECTING THE PLANNING DIRECTOR TO SUBMIT AN AMENDMENT TO THE
MCNP IN THE MANNER PROVIDED BY THE STIPULATED SETTLEMENT
AGREEMENT.
WHEREAS, the City adopted Comprehensive Plan Amendment (EAR -Based Plan Amendment)
by Ordinance No. 13043 on November 13, 2008, which is sometime known as Miami 08-1 ER; and,
WHEREAS, the Department issued its Statement and Notice of Intent regarding the
Amendments on January 6, 2009 and found the EAR Based Plan Amendments to be in compliance
with the exception as set forth below; and,
WHEREAS, as set forth in the Statement of Intent, the Department contends that the
following Amendments: Goal PA -3; Objective PA -3.1, and Policies PA -3.1.1 to 3.1.9; Objective PA -3.2,
and Policy PA -3.2.1 ; Objective PA -3.3, and Policy PA -3.3.1; Objective PA- 3.4, and Policies PA -3.4.1
to 3.4.4; Policy LU -1.4.10 are not "in compliance" because it fails to insure the protection of
recreational and commercial working waterfronts as required by Section 342.07, Florida Statutes; as
well as Chapter 163 II, Florida Statutes, the State Comprehensive Plan, Rule 9J-5, Florida
Administrative Code, and the Strategic Regional Policy Plan for South Florida; and,
WHEREAS, the pursuant to Section 163.3148(10) Florida Statues, DCA has initiated the
above -styled formal administrative proceeding challenging the Amendment; and
WHEREAS, the "Miami River Marine Group" challenged the MCNP amendments and is an
Intervener in the Challenge proceedings; and
WHEREAS, the City disputes the allegations of the Statement of Intent regarding the
Amendment; and
WHEREAS, on October 16, 2009, the City enter into mediation between the Intervener, "Miami
River Marine Group, Inc.", the Department of Community Affairs, and the City of Miami in efforts to
resolve dispute; and
WHEREAS, subsequently the City made changes to the foregoing EAR based Plan
Amendments requested by DCA; and
City of Miam i Page 1 of 3 File Id. 08-00223ct1 (Version: 1) Printed On: 7/9/2010
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Resolution
File Number: 08-00223ct1
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING THE STIPULATED SETTLEMENT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA") AND THE
INTERVENOR, "THE MIAMI RIVER MARINE GROUP INC.", REGARDING A
PENDING DISPUTE OVER CERTAIN AMENDMENTS TO THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") AFFECTING THE MIAMI
RIVER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STIPULATED
SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED;
DIRECTING THE PLANNING DIRECTOR TO SUBMIT AN AMENDMENT TO THE
MCNP IN THE MANNER PROVIDED BY THE STIPULATED SETTLEMENT
AGREEMENT.
WHEREAS, the City adopted Comprehensive Plan Amendment (EAR -Based Plan Amendment)
by Ordinance No. 13043 on November 13, 2008, which is sometime known as Miami 08-1 ER; and,
WHEREAS, the Department issued its Statement and Notice of Intent regarding the
Amendments on January 6, 2009 and found the EAR Based Plan Amendments to be in compliance
with the exception as set forth below; and,
WHEREAS, as set forth in the Statement of Intent, the Department contends that the
following Amendments: Goal PA -3; Objective PA -3.1, and Policies PA -3.1.1 to 3.1.9; Objective PA -3.2,
and Policy PA -3.2.1 ; Objective PA -3.3, and Policy PA -3.3.1; Objective PA- 3.4, and Policies PA -3.4.1
to 3.4.4; Policy LU -1.4.10 are not "in compliance" because it fails to insure the protection of
recreational and commercial working waterfronts as required by Section 342.07, Florida Statutes; as
well as Chapter 163 II, Florida Statutes, the State Comprehensive Plan, Rule 9J-5, Florida
Administrative Code, and the Strategic Regional Policy Plan for South Florida; and,
WHEREAS, the pursuant to Section 163.3148(10) Florida Statues, DCA has initiated the
above -styled formal administrative proceeding challenging the Amendment; and
WHEREAS, the "Miami River Marine Group" challenged the MCNP amendments and is an
Intervener in the Challenge proceedings; and
WHEREAS, the City disputes the allegations of the Statement of Intent regarding the
Amendment; and
WHEREAS, on October 16, 2009, the City enter into mediation between the Intervener, "Miami
River Marine Group, Inc.", the Department of Community Affairs, and the City of Miami in efforts to
resolve dispute; and
WHEREAS, subsequently the City made changes to the foregoing EAR based Plan
Amendments requested by DCA; and
City of Miam i Page 1 of 3 File Id. 08-00223ct1 (Version: 1) Printed On: 7/9/2010
File Number: 08-00223ct9
WHEREAS, on March 11, 2010, the City Commission held a duly noticed public hearing, at
which time it discussed the proposed language regarding the Miami River Sub -element of the City of
Miami Comprehensive Plan; at which time it voted to direct the Administration to open dialog with
stakeholders and return to City Commission with a settlement proposal within 30 days; and
WHEREAS, on April 15, 2010, upon Commission request, the City of Miami held a
stakeholders meeting to review and finalize proposed Port of Miami River Sub -element; and
WHEREAS, on May 27, 2010, the City Commission held a duly noticed public hearing, at which
time it discussed the proposed compromise language regarding the Miami River Sub -element of the
City of Miami Comprehensive Plan; at which time it directed staff to proceed with the plan amendment
and settlement agreement; and
WHEREAS, DCA, the Intervener "Miami River Marine Group Inc." and the City have been able
to amicably resolve their differences over the Miami River related amendments in the manner set forth
in the Settlement Agreement and its exhibits which amendments have addressed the need to protect
and foster recreational and commercial working waterfronts in the manner provided by the laws of the
State of Florida; and
WHEREAS, the City Commission desires to accomplish the purposes outlined in the
accompanying Stipulated Settlement Agreement and City Commission agenda memorandum, a copy
of which is incorporated by reference, and has conducted a public hearing in compliance with the
requirements of section 163.3184(16), Florida Statutes and further directs the Planning Director to
transmit the Stipulated Settlement Agreement to the Department of Community Affairs for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA,
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated herein as if fully set forth in this Section.
Section 2. This City Commission hereby approves the Stipulated Settlement Agreement with
the Florida Department of Community Affairs ("DCA") and the Intervener, "Miami River Marine Group
Inc." relating to the pending dispute styled Florida Department of Community Affairs, Petitioner and the
Miami River Marine Group, Inc., Intervener vs. the City of Miami, Respondent, (DOAH Case No. 09-
0169GM, In Re.: MCNPAmendment 08-1ER) in substantially the form attached hereto as Exhibit 1
and made a part hereof. This City Commission further authorizes the City Manager to execute the
Stipulated Settlement Agreement for and on behalf of the City of Miami and directs the Planning
Director to submit an amendment to the MCNP in the manner provided by the Stipulated Settlement
Agreement to DCA for approval.
Section 3. In accordance with the provisions of Sections 163.3184(16) and 163.3184(15) (b)(2)
and (15)(e), Florida Statutes, and § 62-31(e) (6) of the Code of the City of Miami, the following
schedule shall govern: the ordinance approving the application to amend the MCNP shall be
considered at public hearing on July 22, 2010, or as soon thereafter as it may be heard.
Section 4. The effective date of this plan amendment shall be the date a final order is issued
by the Department of Community Affairs or Administration Commission finding the amendment in
City of Miami Page 2 of 3 File Id. 08-00223et1 (Version: 1) Printed On: 7/9/2010
File Number: 08-00223ct9
compliance in accordance with Section 163.3184(1)(b), Florida Statutes, whichever is applicable. No
development orders, development permits, or land uses. dependent on this amendment may be issued
or commence before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, this amendment may nevertheless be made effective by adoption of a
resolution affirming its effective status, a copy of which resolution shall be sent to the Florida
Department of Community Affairs, Division of Community Planning, and Plan Processing Team. {1)
Section 5. If the state land planning agency issues a notice of intent to find that this plan
amendment transmitted in compliance with Section 163.3184(1)(b), Florida Statutes, any affected
person may file a petition with the agency within 21 days after the publication of notice. In this
proceeding, the amendment shall. be determined to be in compliance if the City's determination of
compliance is fairly debatable.
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
NOW
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Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 Fide Id. 08-00223ct1 Mersdon: I) Printed Ora: 7/9/2010