HomeMy WebLinkAboutO-12966City of Miami
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Ordinance: 12966
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01180 Final Action Date: 1/24/2008
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, BY ADDING A NEW EDUCATIONAL
ELEMENT AND AMENDING AND ADDING CERTAIN POLICIES TO THE
INTER -GOVERNMENTAL COORDINATION AND THE CAPITAL IMPROVEMENT
ELEMENTS IN ORDER TO INCORPORATE LANGUAGE TO REFLECT A NEW
FLORIDA STATUTORY MANDATE TO IMPLEMENT PUBLIC SCHOOL
CONCURRENCY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; INCORPORATE THE REPORT ON "RESPONSE TO
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTIONS,
RECOMMENDATIONS AND COMMENTS (ORC) REPORT OF JANUARY 4, 2008":
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the 2005 Florida Legislature adopted Chapter 2005-98, Laws of Florida codified
at Sections 163.31777, 163.3180(13), and 1013.33, Florida Statutes, requires the Educational,
Intergovernmental Coordination, and Capital Improvement Elements be updated to reflect a new
statutory mandate to implement public school concurrency; and
WHEREAS, the 2005 State Legislation, S.B. 360, mandated an update to the Educational,
Intergovernmental Coordination, and Capital Improvement Elements, by January 1, 2008 in order to
implement school concurrency. If not adopted by this date, local governments will not be able to
adopt comprehensive plan amendments that increase residential densities, until concurrency
amendments have been adopted and transmitted to the Department of Community Affairs; and
WHEREAS, 2007 State legislation HB7203, requires all local governments to adopt and
transmit to the state land planning agency the necessary plan amendments, along with the Interlocal
agreement, for a compliance review pursuant to Florida Statutes 163.3184(7); and
WHEREAS, the Miami Planning Advisory Board, at its meeting of October 3, 2007, Item No. 1,
following an advertised hearing, adopted Resolution No. PAB 07-038 by a vote of eight to one (8-1),
recommending APPROVAL of text amendments to the Educational, Intergovernmental Coordination,
and Capital Improvement Elements of Ordinance No. 10544 as hereinafter set forth; and
WHEREAS, on October 25, 2007, the City Commission held a duly noticed public hearing, at
which time it voted to transmit the Amendments for review by state, regional and local agencies as
required by law; and
WHEREAS, following review of the Educational, Intergovernmental Coordination and Capital
Improvement Elements and a finding of insufficiency by the Florida Department of Community Affairs
(DCA), the City Commission of the City of Miami on January 24, 2008, adopted the report entitled
"Response to Florida Department of Community Affairs (DCA) Objections, Recommendations and
City of Miami
Page 1 of 2 File Id: 07-01180 (Version: 3) Printed On: 4/24/2017
File Number: 07-01180 Enactment Number: 12966
Comments (ORC) Report of January 4, 2008" as a supplement to the Educational, Intergovernmental
Coordination and Capital Improvement Elements; and
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
Ordinance No. 10544 as hereinafter set forth;
NOW, THEREFORE 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 Miami Comprehensive Neighborhood
Plan, is hereby amended by amending the text of the Policies of said Ordinance as described in
Exhibit "A", attached and incorporated.
Section 3. The City Manager is directed to instruct the Director of the Planning Department
to immediately transmit a certified copy of this Ordinance after its adoption on second reading to: the
Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional
Planning Council, Hollywood, Florida; and any other person or entity requesting a copy.
Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in
conflict with the provisions of this Ordinance are repealed.
Section 5. 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 6. This Ordinance shall become effective thirty-one (31) days after second reading
and adoption thereof pursuant and subject to §163.3187(3)(c), Fla. Stat. (2007). {1}
Footnotes:
{{1} 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 date stated herein, whichever is later.
City of Miami Page 2 of 2 File Id: 07-01180 (Version: 3) Printed On: 4/24/2017