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Home My WebLink AboutCC Legislation (Version 1)�� QF a iJ IY� City of Miami City Hall ry�=, 3500 Pan American i ,' ixenni ssArra` 71,Legislation Drive Miami, FL 33133 www.miamigov.com Ordinance File Number: 08-00223ct2 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, BYAMENDING, ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT, PORTS, AVIATION AND RELATED FACILITIES PORT OF MIAMI RIVER SUB -ELEMENT AND COASTAL MANAGEMENT ELEMENT OF THE CITY'S COMPREHENSIVE PLAN AS REQUIRED BY CHAPTER 163, PART II, FLORIDA STATUTES, TO INCORPORATE THE PLAN AMENDMENTS PURSUANT TO THE STIPULATED SETTLEMENT AGREEMENT BETWEEN THE INTERVENOR "THE MIAMI RIVER MARINE GROUP, INC.", THE DEPARTMENT OF COMMUNITY AFFAIRS, AND THE CITY OF MIAMI; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes (F.S.), the Miami Comprehensive Neighborhood Plan (MCNP) was adopted by the City Commission of the City Miami by Ordinance No. 10544 on February 9, 1989; and WHEREAS, Chapter 163, Part II, F.S. and Chapter 9J-5, Florida Administrative Code (F.A.C.) required that each local government periodically updated its comprehensive plan through the preparation and adoption of an evaluation and appraisal report assessing the success or failure of the adopted comprehensive plan; and WHEREAS, the City Commission adopted the Evaluation and Appraisal Report on December 1st, 2005; and WHEREAS, R-05-0707, adopting the 2005 Evaluation Appraisal Report (EAR), indicated that the City of Miami shall consider amendment of the MCNP based on recommendations in the EAR and shall consider updating the comprehensive plan in accordance with Sections 163.3184, 163.3187, and 163.3191, F.S.; and WHEREAS, Chapter 163, Part II, F.S., requires that each local government incorporate recommendations contained in the Evaluation and Appraisal Report as amendments to the MCNP; and WHEREAS, the City of Miami in furtherance of public participation in the comprehensive planning process through its local planning agency, the Planning Advisory Board, held various workshops and public hearings relative to the EAR amendments; and WHEREAS, the Miami Planning Advisory Board, at its meeting on April 30, 2008, Item No. 1, following an advertised public hearing, adopted by Resolution No. PAB 08-014, by a vote of eight to City of Miand Page 1 of 4 File Id. 08-00223ct2 (TIersion: 1) Printed On: 71912010 File Number: 08-00223ct2 zero (8-0), recommending APPROVAL with modifications of text amendments to the MCNP; and WHEREAS, the Miami Planning Advisory Board, at its meeting on April 30, 2008, Item No. 1, following an advertised public hearing, adopted by Resolution No. PAB 08-014a, by a vote of six to two (6-2), recommending DENIAL of the proposed Miami River Sub -Element as presented by the Planning Department; and WHEREAS, on May 8, 2008, the City Commission held a duly noticed public hearing, at which time it considered the recommended changes in the review comments, from staff, and from members of the public; and WHEREAS, the public hearing held on May 8, 2008 was recessed and the City Commission continued this public hearing until May 13, 2008, at which time the City Commission deliberated, discussed and took action on the EAR based amendments; at which time it voted to transmit the amendments for review by state, region and local agencies as required by law; and WHEREAS, on July 18, 2008, the City of Miami received the Department of Community Affairs (DCA) report entitled Objections, Recommendations and Comments (ORC); and WHEREAS, following Florida Department of Community Affairs (DCA) review of the amendments to the MCNP and a finding of insufficiency by Florida Department of Community Affairs (DCA), the City Commission of the City of Miami on July 24, 2008, adopted amendments to the MCNP based on the Florida Department of Community Affairs (DCA) Objections, Recommendations and Comments (ORC) Report of July 18, 2008"; and WHEREAS, on January 6, 2009, the City of Miami received issuant of the Department of Community Affairs ('DCA) Statement of Intent and Notice of Intent finding the adopted EAR Based Amendments In Compliance with the exception of 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 and Policy LU -1.4.10 that were found Not In Compliance as attached in Exhibit A; and WHEREAS, on October 16, 2009, the City of Miami enter into mediation between the Intervenor, "The Miami River Marine Group, Inc.", the Department of Community Affairs, and the City of Miami in efforts to resolve dispute; and 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 the Planning Director to proceed with the plan amendment and compliance agreement; and City of Miami Page 2 of 4 File Id. 08-00223et2 ([version.: 1) Printed On: 7/9/2010 File Number: 08-00223ct2 WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the Future Land Use Element, Ports, Aviation and Related Facilities Port of Miami River sub -element and Coastal Management Element of the MCNP as hereinafter set forth and transmit to the Department of Community Affairs for approval. 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 MCNP, is hereby, amended by amending the text of the Goals, Objectives, and Policies of said Ordinance as attached in "Exhibit B". {1) Section 3. The City Manager is directed to instruct the Director of the Planning Department to immediately transmit certified copies of this Ordinance and the amended MCNP to the Florida Department of Community Affairs, Tallahassee, Florida; South Florida Regional Planning Council, Hollywood, Florida; and any other public official or government agency requesting a copy for statutorily mandated review. 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 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 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. {2} Section 6. 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 FORM AND CORRECTNESS: Awl F. -I NEW IN KIIANXIMP"WR Footnotes: City of Miami Page 3 of 4 File Id: 08-00223ct2 (Version: 1) Printed Ore: 7/9/2010 File Number: 08-00223ct2 {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. {2} 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 at the date stated herein, whichever is later. City of Miand Page 4 of 4 File Id. 08-00223ct2 (Version: 1) Printed On: 71912010