Ordinance 92-2804ORDINANCE NO.
92-2804
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE PREVIOUSLY ADOPTED
COMPONENTS OF THE CITY OF MIAMI BEACH YEAR
2000 COMPREHENSIVE PLAN SET FORTH AS APPENDIX
',Inn HERETO; PROVIDING THAT SUPPORT DOCUMENTS
ARE NOT ADOPTED; DIRECTING THE CITY
ADMINISTRATION TO SUBMIT THE READOPTED PLAN
AND ALL OTHER REQUIRED DOCUMENTS TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
DIRECTING THE ADMINISTRATION TO PUBLISH THE
PLAN AS READOPTED; PROVIDING FOR SEVERABILITY;
PROVIDING FOR A REPEALER; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
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 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" 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. On June 28, 1988 the City's Planning Board, as the Local
Planning Agency, held a public hearing after which the Board
recommended the proposed Comprehensive Plan to the City Commission
and recommended that the Plan be approved and transmitted to the
State for review.
2. On July 13, 1988 the City Commission, by Resolution No.
88-19302, approved said proposed Comprehensive Plan and ordered
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that it be transmitted to the State.
3. After receiving comments on the proposed Comprehensive
Plan from the State, the City of Miami Beach Planning and Zoning
Department revised the City's proposed Comprehensive Plan in
compliance with the comments of the State Land Planning Agency.
4. On July 6, 1989, the City Planning Board held a public
hearing on said proposed Plan and revisions, after which the Board
recommended to the City Commission that they be approved.
5. On September 21, 1989 the City Commission adopted
Ordinance No. 89-2664, repealing the 1980 Comprehensive Plan and
adopting certain components of the proposed "City of Miami Beach
Year 2000 Comprehensive Plan" as amended as the Comprehensive Plan
for the City of Miami Beach.
6. The adopted components were thereafter codified by the
Planning and Zoning Department (see Appendix "I" attached hereto),
and the support documents have been separately codified (See
Appendix "II" attached hereto).
7. On May 21, 1991 the Third District Court of Appeal held
that the City's Comprehensive Plan was not adopted in accordance
with statutory notice requirements.
8. The Department of Community Affairs subsequently issued
a Determination of Non-Compliance which states that the City must
readvertise proceedings for adoption of the Plan.
9. Although the Department of Community Affairs informally
indicated to the City that no formal transmittal procedures or
review would be required by the City or undertaken by the
Department, the City Commission held a public hearing noticed in
accordance with the requirements of Section 163.3184(15), Florida
Statutes on April 22, 1992 to authorize the transmittal of its
Comprehensive Plan to the State. At that Commission Meeting there
was also a first reading of this Ordinance, and the City Commission
announced that the second reading and adoption of this Ordinance
would take place on May 6, 1992, or at such later time and date
when the City is permitted to hold such hearing.
10. The City Commission believes that the portions of the
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"City of Miami Beach Year 2000 Comprehensive Plan" set forth in
Appendix "I" hereto 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.
11. The City Commission deems it in the best interests of the
general welfare of the City of Miami Beach and its citizens to
readopt the aforesaid Appendix "I"
City of Miami Beach.
12. Notwithstanding
the
as the Comprehensive Plan of
the
above, the City Commission has
expressed grave concerns regarding certain designations on the
Future Land Use Map as being areas for immediate re-evaluation.
Those areas specifically are the North Half of Belle Isle, the
Sunset Harbour project and the Par -Three Golf course adjacent to
the Hebrew Academy on Pine Tree Drive, all areas which have been
and continue to be the subjects of administrative and judicial
challenge. Based on the City Commission's grave concerns, it is
also found that there should be an immediate re-evaluation by the
Planning and Zoning Department for presentation of proposed
amendments to the local Planning Agency (the City's Planning Board)
regarding the 1989 designations, and that the City Commission will
consider amendments to the designations for these areas
irrespective of the ultimate adoption of the 1989 Plan adoption
proceedings.
Section III. Readoption of Comprehensive Plan.
That the City Commission hereby readopts the document entitled
"City of Miami Beach Year 2000 Comprehensive Plan" as set forth in
Appendix "I" hereto as the Comprehensive Plan for the City of Miami
Beach. The readopted components shall consist of the following:
- Future Land Use Element
- Capital Improvements Program Element
- Sanitary Sewer, Solid Waste, Drainage, Portable Water
and Ground Water Discharge Element
- Housing Element
- Traffic Circulation Element
- Mass Transit Element
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- 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 are not formally
adopted as part of the City's Comprehensive Plan.
Section V. Transmission of Plan to DCA
That the City Administration is hereby authorized and directed
to transmit the "City of Miami Beach Year 2000 Comprehensive Plan"
as set forth in Appendix "I" hereto, along with the Support Data as
set forth in Appendix "II" hereto and all other required
documentation to the Florida Department of Community Affairs and to
execute all documents pertinent to the transmission process.
Section VI. 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 "I" hereto and is hereby authorized to make such
minor technical changes in content and form as are necessary to
accomplish this purpose.
Section VII. Repealer.
That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section VIII. Severability.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
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Section X. Effective Date.
This Ordinance shall take effect on the
September , 1992.
PASSED and ADOPTED this
ATTEST:
jd7cAc,,A,
CITY CLERK
1st reading 4/22/92
2nd reading 9/16/92
FORM APPROVED
LEGAL DEPT.
By
Date 20
SWS.scf
compplan.ord
16th day of
5
26th day of
September , 1992.
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