HomeMy WebLinkAboutSR LegislationJ-04-006
01/05/04
ORDINANCE NO.
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 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 II, 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. 9, following an advertised
hearing, adopted Resolution No. PAD 96-03 by a vote of six to
zero (6-0), 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 adopted by reference and
incorporated 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."
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Section 3. Ordinance 10544, as amended, the Miami
Comprehensive Neighborhood Plan, is further amended as follows:/
"FUTURE LAND USE
*
*
Objective LU 3.2. The City shall establish formal
functions that are directly related to the City's
comprehensive plan with the Miami Dadc County School
3oard, Miami Dade County Water and Sewer Authority
Department, Miami Dade County Public Works Department,
Envir nfcntal csoi:rcc Management (DERV), the Scap rt
Department (I' rt o-f Miami) , Aviati n Department (z4iami
lnternati nal Airport), the Miami Dadc C unty
Metropolitan Planning Organization, the Miami Dadc
County Sh reline Development Review Committee, Miami
Dadc Transit, the Gone Florida Regional Transp rtation
11uthority, the South F1 ride Regional Planning Council,
the S uth Florida Water Management District, the
Florida Dcpartmcnt of Transportati n, the Florida
Department f Environmental Regulati n, the Florida
adjacent local governments,
r federal agency wioae cooperation is required to
comprehensive plan.
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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issues includi--netto, the location and
extenoio of public facilities subjo t to c ncurreney
and the siting, of facilities with countywide
significance, including locally unwanted land use:.
P licy LL 3.2.2: The City will c ntinuc irnplcmcntati n
activities associated with thc Intcrlo -al Agreement for
-Public School Facility Planning in Miami Dade County,
effective February 27, 2003, including, but n t limited
t , c ordinating City, C unty, and Sch 1 B and plans
based upon consistent projections of the amount, type,
and diotributi n of p pulation gr wth and student
cnr llmcnt; participating in decioi n making, through
floating membership on thc School D ard's School Citc
Planning and Construction Committee, regarding
potential sites for new och cis and proposals for
significant renovation, the location of rclo atablcc or
addition t existing buldings, and potential cl curo
of existing schools; and collaborating to identify
options aimed to provide thc capacity to accommodate
anticipated student enrollment demand associated with
increases in residential 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 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,
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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 pursuant and subject to § 163.3189,
Florida Statutes (2003).
PASSED ON FIRST READING BY TITLE ONLY this
January , 2004.
22nd day of
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.
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PASSED AND ADOPTED ON SECOND AND FINAL READING this
day of , 2004.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
W1567:GKW:et
MANUEL A. DIAZ, MAYOR
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