Ordinance 89-2664 ORDINANCE NO. 89-2664
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, MAKING FINDINGS;
ADOPTING A NEW COMPREHENSIVE PLAN FOR THE CITY
OF MIAMI BEACH CONSISTING OF THOSE PORTIONS OF
THE DOCUMENT ENTITLED "CITY OF MIAMI BEACH YEAR
2000 COMPREHENSIVE PLAN" SET FORTH AS "APPENDIX
III" HERETO AS AMENDED BY THE REVISIONS SET
FORTH IN THE DOCUMENT ENTITLED "CITY OF MIAMI
BEACH RESPONSE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS,
AND COMMENTS ON THE CITY OF MIAMI BEACH YEAR
2000 COMPREHENSIVE PLAN" SET FORTH AS "APPENDIX
II" HERETO, AND AS FURTHER AMENDED BY THE CITY
COMMISSION ON SEPTEMBER 21, 1989, PURSUANT TO
CHAPTER 163 OF THE FLORIDA STATUTES AND RULES
9J-5 AND 9J-11 OF THE FLORIDA ADMINISTRATIVE
CODE; REPEALING THE MIAMI BEACH COMPREHENSIVE
PLAN ADOPTED AUGUST 20, 1980 ; PROVIDING THAT
SUPPORT DOCUMENTS ARE NOT ADOPTED; AMENDING
CHAPTER 9C OF THE CITY CODE, ENTITLED
"COMPREHENSIVE PLAN FOR THE CITY OF MIAMI
BEACH" IN ITS ENTIRETY TO REFLECT THE ADOPTION
OF A NEW COMPREHENSIVE PLAN AND TO PROVIDE THAT
SAID PLAN SHALL NOT ABROGATE VALIDLY EXISTING
VESTED RIGHTS; DIRECTING THE CITY MANAGER TO
SUBMIT THE PLAN AND ALL REQUIRED DOCUMENTS TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
DIRECTING THE ADMINISTRATION TO PUBLISH THE
PLAN AS ADOPTED; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH THAT:
Section I. Intent.
The provisions contained herein have been enacted
pursuant to the "Local Government Comprehensive Planning and Land
Development Regulation Act" , Chapter 163 , Part II, Florida
Statutes, and State Growth Management Regulations, Chapter 9J-5 and
9J-11, Florida Administrative Code, which require that the City of
Miami Beach amend its current comprehensive plan or adopt a new
comprehensive plan covering the entire geographic area of the City.
In adopting the "City of Miami Beach Year 2000 Comprehensive Plan"
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as described herein, it is the intent and purpose of the Miami
Beach City Commission to preserve and enhance present advantages,
encourage the most appropriate use of land, water and resources,
overcome present handicaps, deal effectively with future needs and
meet all other objectives set forth in Florida Statute Section
163 . 3161 and all other pertinent regulatory requirements.
Section II. Findings
The Miami Beach City Commission hereby makes the following
findings:
1. Pursuant to Florida Statute Section 163 . 3181, between
September 13 , 1983 and December 14 , 1988 , sixty-four neighborhood
meetings were held throughout the zoning districts of the City of
Miami Beach, wherein citizens participated in the planning process,
and said citizen participation is reflected in the "City of Miami
Beach Year 2000 Comprehensive Plan" set forth in "Appendix I"
attached hereto containing the proposed new Comprehensive Plan and
support data.
2 . Pursuant to said Chapter 163 , Florida Statutes, the Miami
Beach City Commission, by Ordinance No. 86-2510, enacted on July
23 , 1986, designated the City of Miami Beach Planning Board as the
Local Planning Agency for the City.
3 . On June 28, 1988 the Local Planning Agency held a public
hearing after which said Agency transmitted the proposed
Comprehensive Plan to the City Commission along with the Agency' s
recommendation that said plan be approved and transmitted to the
State Land Planning Agency.
4 . On July 13 , 1988 the City Commission, by Resolution No.
88-19302 , approved said proposed Comprehensive Plan and ordered
that it be transmitted to the State Land Planning Agency.
5. After receiving comments on said proposed Comprehensive
Plan from the State, the City of Miami Beach Planning and Zoning
Department prepared a document entitled, "City of Miami Beach
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Response to the Florida Department of Community Affairs Objections,
Recommendations and Comments on the City of Miami Beach Year 2000
Comprehensive Plan" set forth in "Appendix II" hereto, thereby
revising the City's proposed Comprehensive Plan in compliance with
the comments of the State Land Planning Agency.
6. On July 6, 1989, the City Planning Board, as the Local
Planning Agency, held a public hearing in compliance with Florida
Statute Section 163 . 3184 (15) , on said proposed Plan and said
revisions, after which the Board transmitted same to the City
Commission with a recommendation that they be approved.
7. On September 7, 1989. at 5: 00 p.m. , and September 21,
1989, at 5: 00 p.m. , the City Commission held public hearings in
compliance with Florida Statute Section 163 . 3184 (15) , regarding
the "City of Miami Beach Year 2000 Comprehensive Plan" and the
revisions thereto.
8. The City Commission believes that the portions of the
"City of Miami Beach Year 2000 Comprehensive Plan" set forth in
"Appendix III" hereto and as amended by "Appendix II" hereto and
by Section V of this Ordinance, will preserve and enhance present
advantages, encourage the most appropriate use of land, water and
resources, overcome present handicaps, deal effectively with future
needs and meet all other pertinent statutory and regulatory
requirements.
9 . The City Commission deems it in the best interests of the
general welfare of the City of Miami Beach and its citizens to
adopt the aforesaid "Appendix III" as modified and revised by
"Appendix II" hereto and by Section V of this Ordinance as the
Comprehensive Plan for the City of Miami Beach, to supersede and
replace the Miami Beach Comprehensive Plan adopted on August 20,
1980 by Miami Beach Ordinance No. 80-2223 , as amended.
Section III. Adoption of Comprehensive Plan.
That the City Commission hereby adopts the document entitled
"City of Miami Beach Year 2000 Comprehensive Plan" as set forth in
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"Appendix III" hereto, containing the proposed Plan minus the
supporting data, and as modified by the revisions contained in the
document set forth in "Appendix II" hereto entitled "City of Miami
Beach Response to Florida Department of Community Affairs
Objections, Recommendations and Comments" and as further amended
as set forth in Section V hereto, consisting of the following:
- Future Land Use Element
- Capital Improvements Program Element
- Sanitary Sewer, Solid Waste, Drainage, Potable Water
and Ground Water Discharge Element
- Housing Element
- Traffic Circulation Element
- Mass Transit Element
- Recreation and Open Space Element
- Conservation and Coastal Zone Element
- Intergovernmental Coordination Element
- Historic Preservation Element
- Ports, Aviation, and Related Facilities Element
- Policies, Objectives and Goals for all above
stated elements
- All Maps of future conditions, land use and
transportation contained therein.
- Monitoring and Evaluation Procedures
- A Five-Year Schedule of Capital Improvements
- Public Participation Procedures
Section IV. Support Data Not Adopted..
That those portions of the "City of Miami Beach Year 2000
Comprehensive Plan" consisting of supporting data contained in
"Appendix I" hereto which are not included in "Appendix III" hereto
are not formally adopted as part of the City' s Comprehensive Plan.
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Section V. Amendment to Future Land Use Map
That the area, consisting of Block 37 and Lots 1-29 of Block
38 , Isle of Normandy - Miami View Section, Part 1, Plat Book 34 ,
Page 80, generally bounded by Bay Drive, Rue Granville, and 71st
Street, as shown on the Official Future Land Use Map of "Appendix
III" hereto and formerly designated as RM-1 Multiple Family Low
Intensity on said Map, shall hereafter be designated as RM-2
Multiple Family Medium Intensity.
Section VI. Miami Beach Comprehensive Plan of 1980 Repealed
That Ordinance No. 80-2223 adopted August 20, 1980 and
amendments thereto establishing the Miami Beach Comprehensive Plan
are hereby repealed.
Section VII. Amendment to Chapter 9C, Miami Beach City Code
That Chapter 9C of the Miami Beach City Code entitled
"Comprehensive Plan for the City of Miami Beach" is hereby amended
in its entirety to read as follows:
CHAPTER 9C
COMPREHENSIVE PLAN FOR THE CITY OF MIAMI BEACH
Section 9C-1. Adopted.
The City of Miami Beach Year 2000 Comprehensive
Plan consisting of Appendix III to Ordinance
No. 89-2664 adopted on September 21, 1989, as revised*
by Appendix II to said Ordinance and as further
amended by Section V of said Ordinance and as
codified and published by the City
Administration is hereby adopted as the
Comprehensive Plan for the City of Miami Beach,
replacing and superseding the Miami Beach
Comprehensive Plan adopted August 20, 1980 by
Ordinance No. 80-2223 . to read as act forth in
Appendix I of Ordinance No. 80 2223 . (Ord. No.
5
*corrected 8/9/90
B0 2223, §1. )
Section 9C-2 . Legislative Intent
Nothing contained herein shall be construed or
applied to constitute a temporary or permanent
taking of private property or the abrogation
of validly existing vested rights, nor shall
this Chapter limit or modify the rights of any
person to complete any development that has
been authorized as a development of regional
impact pursuant to Chapter 380, Florida
Statutes or who has been issued a final
development order as defined in Section
163 . 3164 (6) , Florida Statutes (1987) when said
development has commenced and is continuing in
good faith as provided by Section 163 . 3167 (8) ,
Florida Statutes (1987) .
Section VII. Transmission of Plan to DCA.
That the City Manager is hereby authorized and directed to
transmit the "City of Miami Beach Year 2000 Comprehensive Plan" as
set forth in "Appendix III" hereto and revised by "Appendix II"
hereto and by Section V of this Ordinance, along with all other
documentation required by law including "Appendices I" and "III"
hereto, to the Florida Department of Community Affairs (DCA)
pursuant to the procedures set forth in Florida Statute Section
163 . 3184 and to execute all documents pertinent to said
transmission process.
Section VIII. Publication of Comprehensive Plan.
That the City Administration is directed to publish the "City
of Miami Beach Year 2000 Comprehensive Plan" substantially as set
forth in "Appendix III" hereto and as modified and revised by
"Appendix II" hereto and by Section V of this Ordinance, and is
hereby authorized to make such minor technical changes in content
and form as are necessary to accomplish this purpose.
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Section IX. Repealer.
That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section X. Severability.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
Section XI. Effective Date.
This Ordinance shall take effect ten days after adoption on
October 1, , 1989 .
PASSED and ADOPTED this 21st d •f S.Aitember , 989
, / s .
YOR
ATTEST:
-- -&0,2—/-2.; 16e4/7
CITY CLERK
1st reading 9/7/89
2nd reading 9/21/89
080189
FORM APPROVED
LEGALADEP
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Date
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