HomeMy WebLinkAboutLegislation - DRAFTCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.ff.us
File Number: 04-01287 Final Action Date:
A RESOLUTION, WITH ATTACHMENT(S), ADOPTING THE PROPOSED 2005
EVALUATION AND APPRAISAL REPORT (EAR) OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, AS REQUIRED BY CHAPTER 163,
PART II, FLORIDA STATUES AND CHAPTER 9J-5 FLORIDA ADMINISTRATIVE
CODE; DIRECTING TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS.
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 of 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.)
require that each local government periodically update its comprehensive plan through the preparation
and adoption of an evaluation and appraisal report ("EAR") assessing the success or failure of the
adopted comprehensive plan; and
WHEREAS, the Planning Advisory Board("PAB"), at its meeting of December 1, 2004, Item No. 6,
following an advertised public hearing, adopted by Resolution No. PAB ----, by a vote of ---
recommending of the proposed 2005 Evaluation and Appraisal Report; and
WHEREAS, the PAB, acting by and through the City of Miami Planning and Zoning staff and their
agents has caused the preparation of the EAR in conformity with the public participation procedures
adopted as provided by §163.3181, F.S.; and,
WHEREAS, the City Commission has considered the review comments and recommended
changes, if any, and is adopting the EAR; and,
WHEREAS, the City shall provide a copy of the EAR to adjacent local governments and any
agencies who provided comments for the proposed report; 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 adopt the Evaluation
and Appraisal Report as recommended by the Planning Advisory Board;
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 hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The 2005 Evaluation and Appraisal Report of the Miami Comprehensive Neighborhood
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File Number: 04-01287
Plan is hereby adopted as required by Chapter 163, Part II, §163.3191 F.S. and Chapter 9J-5, F.A.C.
Section 3. The City Manager is hereby instructed to direct the Director of Planning and Zoning
Department and City Clerk, as applicable, to transmit a transmittal letter indicating the dates of the
public hearings, a certified copy of this resolution and three (3) copies of the 2005 Evaluation and
Appraisal Report to the Florida Department of Community Affairs, Tallahassee, Florida, for statutorily
mandated review.
Section 4. In due course, the City of Miami shall consider amendment of its comprehensive plan
based on recommendations in the EAR and shall consider updating the comprehensive plan in
accordance with §163.3184, 163.3187, 163.3189, and 163.3191.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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.
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