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Home My WebLink AboutR-10-0327Vop City of Miami Legislation < U R �O Resolution: R-10-0327 File Number: 08-00223et1 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/22/2010 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 Miand Page I of 3 File Id: 08-00223et1 (Version: 1) Panted On: 8/3/2017 File Number: 08-00223ctl EnactmentNnnaber: R-10-0327 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 City of Miand Page 2 of 3 File Id: 08-00223et1 (Version: 1) Panted On: 8/3/2017 File Number: 08-00223ctl Enactment Number: R-10-0327 by the Department of Community Affairs or Administration Commission finding the amendment in 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. 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 File Id. 08-00223et1 (Version: 1) Panted On: 8/3/2017