Ordinance 94-2928 ORDINANCE NO. 94-2928
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING
AMENDMENTS TO THE CITY OF MIAMI BEACH YEAR 2000
COMPREHENSIVE PLAN ENTITLED "1994 AMENDMENTS TO
CITY OF MIAMI BEACH YEAR 2000 COMPREHENSIVE PLAN" ,
PROVIDING THAT THE DATA AND ANALYSIS ARE NOT
ADOPTED; DIRECTING THE CITY ADMINISTRATION TO
SUBMIT THE ADOPTED AMENDMENTS AND ALL OTHER
REQUIRED DOCUMENTS TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; DIRECTING THE ADMINISTRATION TO
PUBLISH THE ADOPTED AMENDMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR A REPEALER; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND 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
engage in an ongoing planning process to evaluate its Comprehensive
Plan and adopt amendments as necessary to attain its planning goals
and comply with statutory requirements .
In adopting the "1994 Amendments to 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 Section 163 . 3161, Florida Statutes and all other pertinent
regulatory requirements .
SECTION II . FINDINGS .
The City of Miami Beach Mayor and City Commission hereby make
the following findings :
1 . Since readoption of the Comprehensive Plan on September
16 , 1992 , the City has undertaken an on-going planning process
including town meetings and gathering and analysis of updated data
from the 1990 United States Decennial Census, Florida Department of
Transportation and other relevant sources .
2 . Based upon the aforesaid data and analysis and in order
to meet the requirements of Chapter 163 , Part II, Florida Statutes
(1993) and Rules 9J-5 and 9J-11, Florida Administrative Code, the
City' s Planning, Design and Historic Preservation Services Division
has recommended the proposed amendments to the City' s Comprehensive
Plan, entitled "1994 Amendments to the City of Miami Beach Year
2000 Comprehensive Plan" including data and analysis and amendments
to the adopted goals, objectives and policies and Future Land Use
Map.
3 . On December 2 , 1993 , the City of Miami Beach Planning
Board, sitting as the City' s Local Planning Agency, held a public
hearing regarding the proposed amendments, after which the Board
recommended that the City Commission authorize the transmittal of
the amendments to the Florida Department of Community Affairs .
4 . On January 6, 1994 the Mayor and City Commission held a
properly advertised public hearing, and approved the amendments, by
Resolution No. 94-21018 and ordered their transmittal to the
Department of Community Affairs .
5 . After receiving comments on the proposed Comprehensive
Plan from the State Department of Community Affairs, the City of
Miami Beach Planning, Design and Historic Preservation Division and
planning consultant revised the City' s proposed Comprehensive Plan
in compliance with the comments of the State Land Planning Agency.
6 . The Mayor and City Commission believe that the "1994
Amendments to the City of Miami Beach Year 2000 Comprehensive Plan"
as transmitted to the State on January 6, 1994 and changed in
response to the State comments and further amended on June 2 , 1994 ,
as set forth in the Appendix 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 .
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7 . The Mayor and City Commission deem it in the best
interests of the general welfare of the City of Miami Beach and its
citizens to adopt the aforesaid amendments to the Comprehensive
Plan of the City of Miami Beach.
SECTION III . ADOPTION OF 1994 AMENDMENTS.
That the Mayor and City Commission hereby adopt the document
entitled "1994 Amendments to the City of Miami Beach Comprehensive
Plan" , as transmitted to the State and further modified and set
forth in the Appendix hereto, as amendments to the City' s
Comprehensive Plan.
SECTION IV. SUPPORT DATA NOT ADOPTED.
That the data and analysis set forth in the document
transmitted to the State on January 6, 1994 and as modified in the
Appendix hereto are not formally adopted as part of the City' s
Comprehensive Plan.
SECTION V. SUBMISSION OF PLAN TO DCA.
That the City Administration is hereby authorized and directed
to send the "1994 Amendments to the City of Miami Beach Year 2000
Comprehensive Plan" as set forth in the Appendix hereto, along with
the data and analysis as set forth in the appropriate Appendix
hereto and all other required documentation to the Florida
Department of Community Affairs and to execute all documents
pertinent .
SECTION VI. PUBLICATION OF COMPREHENSIVE PLAN.
That the City Administration is directed to publish the "1994
Amendments to the City of Miami Beach Year 2000 Comprehensive Plan"
substantially as modified and set forth in the Appendix hereto 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 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.
SECTION IX. EFFECTIVE DATE.
This Ordinance shall take effect the 12th day of
June , 1994 . The effective date for these
Comprehensive Plan amendments shall be as specified by state
statute and rule .
PASSED and ADOPTED this 2nd day of June , 1994 .
ATTEST: le
YOR
/ /
CITY CLERK
1st reading 5/18/94
2nd reading 6/2/94
SWS:scf:disk7\cp-2000a.ord
FORM APPROVED
LEGAL DEPT.
By
Date
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. .39e-q4
TO: Mayor Seymour Gelber and DATE: June 2 , 1994
Members of the City Commission
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FROM: Roger M. Ca o ir
City Manager
SUBJECT: ADOPTION OF 1994 AMENDMENTS TO CITY OF MIAMI BEACH YEAR
2000 COMPREHENSIVE PLAN - SECOND READING
RECOMMENDATION
The City Administration recommends that the City Commission adopt
on second reading the 1994 Amendments to the City' s Comprehensive
Plan and submit said adopted amendments and all other required
documents to the Florida Department of Community Affairs (DCA) for
a determination of compliance.
BACKGROUND
On December 2 , 1993 , the Planning Board, sitting as the City's
Local Planning Agency, held a public hearing regarding the proposed
amendments to the Comprehensive Plan, after which the Board
authorized the transmittal ofamendments to the Florida
Department of Community Affairs. On January 6, 1994 the Commission
held a public hearing and voted to order the transmittal of said
document to the State for review. On April 1, 1994 , the DCA issued
its Objections, Recommendations and Comments (ORC) Report - said
report was received by the City on April 7 , 1994 . As provided for
in the State Statutes, the City of Miami Beach has 60 days (until
June 6, 1994) to adopt, adopt with changes or determine not to
adopt the proposed amendments. On May 18, 1994 , the commission
adopted with minor changes the proposed amendments by a vote of 6-0
(one absent) in response to the ORC. The attached documents
reflect the changes approved by the City Commission.
ANALYSIS
The Department of Community Affairs Objections, Recommendations and
Comments (O.R.C. ) Report for Amendment 94-1 was prepared pursuant
to Rule 9J-11. 010. The report is actually comprised of two
critical components: (1) objections, which relate to specific
requirements of relevant portions of Chapter 9J-5, Florida
Administrative Code and Chapter 163 , Part II, F.S. ; and (2)
comments, which are advisory in nature only. Each of the
objections must be addressed by the City of Miami Beach by
correcting the amendment when it is adopted and re-submitted to the
State for final compliance review. Each of the comments are
advisory in nature and in the case of the Miami Beach amendment
relates to editing the Plan to ensure that two former State
agencies (the Department of Natural Resources and the Department of
Environmental Regulations) which are now combined are properly
referred in the document as the Department of Environmental
Protection.
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AGENDA R` , A
ITEM
DATE
The City' s planning staff and planning consultant, Robert K.
Swarthout, have prepared the attached recommended changes to the
plan to respond to each of the twenty-one (21) objections in the
O.R.C. Report. Among the issues addressed are population
densities, availability of public facilities, the creation of
density standards for the City's residential land use categories
and the submission of a five-year schedule of capital projects for
the Capital Improvement Element.
Each of the recommended changes is self explanatory; nonetheless,
planning staff and the consultant will be available to answer any
questions you have regarding said changes. The Administration is
confident that the proposed changes will satisfy the concerns
raised by the State and will hopefully lead to a swift
determination of the Plan' s compliance by the State.
CONCLUSION
The Administration has concluded that the 1994 Amendments to City
of Miami Beach Year 2000 Comprehensive Plan provide for a sound
planning document; further, the revised proposed changes to the
document in response to the State' s concerns are necessary and
appropriate and should satisfy the State's concerns. We therefore,
urge the adoption, on second reading, of said Amendments by the
City Commission.
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