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Legislation
Ordinance
trti� r: O8-002230
City Haii
3500 Pan American
Drive
F _ 33133
wwwa.miarligov.com
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AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS),
AMENDING ORDINANCE NO, 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY
AMENDING, ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF
THE ELEMENTS OF THE CITY'S COMPREHENSIVE PLAN AS REQUIRED BY
CHAPTER 163. PART II, FLORIDA STATUTES, TO INCORPORATE THE
RECOMMENDATIONS CONTAINED IN THE 2005 EVALUATION AND APPRAISAL
REPORT (EAR) OF THE CITY'S COMPREHENSIVE PLAN; AND INCORPORATE
THE REPORT ON "RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS (DCA) OBJECTIONS, RECOMMENDATIONS AND COMMENTS (ORC)
REPORT OF JULY 18, 2008"; PROVIDING FOR TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND 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
lst. 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 its
comprehensive plan; 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
zero (8-0), recommending APPROVAL with modifications of text amendments to the MCNP; and
City of .Bari
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File N.,mbf ` 08-000223a
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 tvliarni River Sub -Element as presented by the Planning
Department; and
WHEREAS, on May 8, 2008. the City Commission helot a duly noticed public hearing, at which
time it considered the review comments and 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, regional and local agencies as required by law; and
WHEREAS, the City of Miami received the Department of Community Affairs (DCA) report on
the Ear based amendments, entitled Objections, Recommendations and Comments (ORC); and
WHEREAS, upon review of the ORC and comments by the staff and from members of the
public at a duly noticed public hearing, the City Commission of the City of Miami on July 24, 2008,
adopted amendments to the MCNP; 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 the
MCNP 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 MCNP, is hereby amended by amending the
text of the Goals, Objectives, and Policies of said Ordinance, as attached in "Exhibit A. {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 may be applicable.
Cite' ta} Miami Page 2 43 Printed Ore::/f4/2%8
File Number: 05-00223ct
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0 BRU
CITY ATTORNEY
Footnotes
{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 date stated herein, whichever is later.
City of Miami
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