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HomeMy WebLinkAboutFR Legislation DRAFTDRAFT AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE AND INTERGOVERNMENTAL COORDINATION ELEMENT TO INCORPORATE REVISIONS IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE "1995 EVALUATION AND APPRAISAL REPORT ON THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN" AND TO MEET THE REQUIREMENTS OF RULE 9J-5, FLORIDA ADMINISTRATIVE CODE; FURTHER AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT BY DELETING AN OBJECTIVE AND POLICIES RELATED TO INTERGOVERNMENTAL COORDINATION AND TRANSFERRING THEM INTO THE INTERGOVERNMENTAL COORDINATION ELEMENT; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPLEALER PROVISION AND SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes, the Miami City Commission on February 9, 1989, by Ordinance No. 10544, adopted the Miami Comprehensive Neighborhood Plan (MCNP); and WHEREAS, pursuant to Chapter 163, Part I1, Florida Statutes, and 9J-5, Florida Administrative Code (FAC), the Miami City Commission on November 7, 1995, by Resolution No. 95-830, adopted the Evaluation and Appraisal Report (EAR) on the Miami Comprehensive Neighborhood Plan; and WHEREAS, by letter of December 17, 1996, the Department of Community Affairs found the Evaluation and Appraisal Report sufficient; and WHEREAS, the Miami Planning Advisory Board, at its meeting of December 17, 2003, Item No. , following an advertised hearing, adopted Resolution No. PAB by a vote of to ( - ), RECOMMENDING APPROVAL of proposed amendments to the Goals, Objectives, and Policies of the Future Land Use and Intergovernmental Coordination Elements of the MCNP; 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 hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED 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 10544, as amended, the Miami Comprehensive Neighborhood Plan, is amended as shown on the attached pages which appear as "Exhibit A". Section 3. Ordinance 10544, as amended, the Miami Comprehensive Neighborhood Plan, is further amended as follows {1}: "FUTURE LAND USE (DERM), the Sport Department (Port of Miami), Aviation Department (Miami International Airport), the Miami Dade County Metropolitan 2 Review Committee, Miami Dade Transit, the South Florida Regional Transportation Authority, the South Florida R ' , South Florida Water Management District, the Florida Department of Florida Department of Health and Rehabilitative Services, the Division of Policy LU 32.1: By 2005, establish intcrlocal or other formal agreement with it 4 Public School Facility Planning ;n Mrami_D ale County, effective February 27, 2993, i-nc ,amount, type, and distribution of population growth and student enrollment; sites for new schools -and proposals for relocatables or additions to existing buildings, and potential closure of existing schools; and collaborating to identify options aimed to provide the capacity to in renidential development potential " Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to immediately transmit a copy of this Ordinance, upon 3 approval on First Reading and again after its adoption on Second Reading to: the Florida Department of Community Affairs; the Florida Department of Environmental Protection; the Florida Department of State, Division of Historical Resources; the Florida Department of Transportation, District Six Office; the South Florida Water Management District; the South Florida Regional Planning Council; and Miami -Dade County. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed Section 6. 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 7. This Ordinance shall become effective after second reading and adoption thereof pursuant and subject to § 163.3189, Florida Statutes (2003) {2}. PASSED ON FIRST READING BY TITLE ONLY this day of , 2004. 4 PASSED AND ADOPTED ON SECOND AND FINAL READING this day of 2004. APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY {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. (2) This Ordinance shall become effective as specified 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, whichever is later. 5