HomeMy WebLinkAboutCC SR Legislation (Version 5)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00223ct Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI ("CITY"), 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 OF THE CITY'S COMPREHENSIVE PLAN, AND INCORPORATE THE
REPORT ON "RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT OF
JULY 18, 2008"; AND INCORPORATE THE ANNUAL UPDATE TO THE CAPITAL
IMPROVEMENT ELEMENT AND 5-YEAR SCHEDULE OF CAPITAL
IMPROVEMENTS; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A 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 Miami City Commission pursuant to
Ordinance No. 10544 adopted 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, Chapter 163, Part II, F.S. and Chapter 9J-5, F.A.C. required that each local
government annually update its Capital Improvement Element and 5-year Schedule of Capital
Improvements to identify the capital improvements that are needed to implement the adopted
comprehensive plan and ensure that adopted Level of Service Standards are achieved and maintained
for concurrency related facilities; and
WHEREAS, the Miami City Commission adopted the Evaluation and Appraisal Report on
December 1, 2005; and
WHEREAS, pursuant to Resolution No. 05-0707, adopted December 1, 2005, the 2005
Evaluation Appraisal Report ("EAR"), indicated that the City of Miami ("City") 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 the MCNP;
and
City of Miami
Page 1 of 3 Printed On: 11/4/2008
File Number: 08-00223ct
WHEREAS, the City in furtherance of public participation in the comprehensive planning
process through its local planning agency, the Miami Planning Advisory Board, held various workshops
and public hearings relative to the EAR; 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
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 Miami River Sub -Element as presented by the Planning
Department; and
WHEREAS, on May 8, 2008, the Miami City Commission held a duly noticed public hearing, at
which time it considered the 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 Miami City
Commission continued this public hearing until May 13, 2008, at which time the Miami City
Commission deliberated, discussed and took action on the EAR based amendments; at which time it
voted to transmit the amendments attached as "Exhibit A," for review by state, region and local
agencies as required by law; and
WHEREAS, on July 18, 2008, the City received the Department of Community Affairs ("DCA")
report entitled Objections, Recommendations and Comments ("ORC"); and
WHEREAS, following DCA review of the amendments to the MCNP and a finding of
insufficiency by DCA, the Miami City Commission on July 24, 2008, adopted amendments to the
MCNP based on the ORC; and
WHEREAS, the Miami City Commission after careful consideration of this matter deems it
advisable and in the best interest of the general welfare of the City 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 adopted by
reference and incorporated 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, Florid; and any other public official or government agency requesting a copy for statutorily
mandated review.
City of Miami Page 2 of 3 Printed On: 11/4/2008
File Number: 08-00223ct
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. This Ordinance shall become effective thirty-one (31) days after seconded reading and
adoption thereof pursuant and subject to 163.3187(3)(c), F.S. (2007).{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. 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 Page 3 of 3 Printed On: 11/4/2008