Ordinance 96-3058 ORDINANCE NO. 96-3058
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 "MODIFICATIONS TO THE
1994 AMENDMENTS TO THE 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 "Modifications to 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 other 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 the 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 Division
recommended 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 to the Future Land
Use Map.
2
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 proposed amendments to the City' s Year 2000
Comprehensive Plan, 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, 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 amendments from the State Department of Community Affairs, the
City of Miami Beach Planning, Design and Historic Preservation
Division and the City' s planning consultant revised the City' s
proposed Comprehensive Plan in compliance with the comments of the
State Land Planning Agency.
6 . On June 2, 1994, the City adopted the revised "1994
Amendments to the City of Miami Beach Comprehensive Plan" ( "1994
Amendments" ) .
7 . After its review, the DCA issued a notice of intent to
find the 1994 Amendments not in compliance with Chapter 163 of the
Florida Statutes .
3
8 . On August 16, 1994, a petition was filed by the DCA with
the Division of Administrative Hearings in Case No. 94-4509 GM. In
that proceeding, Aaron J. Edelstein, Bernard S. Edelstein, Mark S .
Edelstein, Craig L. Edelstein, Shepard Edelstein, Stortford N.V. ,
Tierre Bay Apartments, Lido Spa Hotel, and Melvin Simonson were
granted intervenor status . During the course of this proceeding,
compliance agreement negotiations were held which have resulted in
proposed changes to the 1994 Amendments .
9 . The Mayor and City Commission believe that the attached
"Modifications to the 1994 Amendments to the City of Miami Beach
Year 2000 Comprehensive Plan" 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 .
10 . 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 "Modifications to the 1994
Amendments to the City of Miami Beach Year 2000 Comprehensive
Plan. "
4
SECTION III. ADOPTION OF MODIFICATIONS TO THE 1994 AMENDMENTS.
That the Mayor and City Commission hereby adopt the document
entitled "Modifications to the 1994 Amendments to the City of Miami
Beach Year 2000 Comprehensive Plan" , as transmitted to the State
and as set forth in the Appendix hereto, as an amendment to the
City' s Comprehensive Plan.
SECTION IV. SUPPORT MATERIAL NOT ADOPTED.
That "Part I : Data and Analysis" and all other support
material 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. Only
the following are formally adopted as part of the City' s
Comprehensive Plan: 1) the goals, objectives and policies set
forth in Part II; 2) the requirements for capital improvements
implementation set forth in Part II; 3) the procedures for
monitoring and evaluation set forth in Part II; and 4) the future
land use map and other maps indicating future conditions set forth
in Part II . All other material transmitted to the State on
January 6 , 1994, and as modified in the Appendix hereto, shall be
considered to be support material which is not formally adopted.
5
SECTION V. SUBMISSION OF MODIFICATIONS TO THE 1994 AMENDMENTS
TO DCA.
That the City Administration is hereby authorized and directed
to send the "Modifications to 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 pertinent documents .
SECTION VI . PUBLICATION OF COMPREHENSIVE PLAN.
That the City Administration is directed to publish the
"Modifications to the 1994 Amendments to the City of Miami Beach
Year 2000 Comprehensive Plan" as 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 .
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
6
s
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION IX. EFFECTIVE DATE.
This Ordinance shall take effect the 19th day of
October , 1996 . The effective date for these
Comprehensive Plan amendments shall be as specified by state
statute and rule.
PASSED and ADOPTED this 9th day of October , 1996 .
1
MAYO '
ATTEST:
CITY CLERK FORM APPROVED
L AL DE'T.
Dn.\kw / /
F:\ATTO\$ALL\KIM\2000CPLA.ORD By
,
Date 447/9C____,
7
•
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. Co I 1-9L,
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: October 9, 1996
FROM: Jose Garcia-Pedrosa I..
City Manager
Is)
SUBJECT:
I
An Ordinance • opting the Modifications to the 1994
Amendments to the City of Miami Beach Year 2000
Comprehensive Plan
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt an Ordinance adopting the
Modifications to the 1994 Amendments to the City of Miami Beach Year 2000 Comprehensive Plan
pursuant to the Compliance Agreement entered into between the City of Miami Beach and the State
of Florida, Department of Community Affairs.
BACKGROUND
Since readoption of the Comprehensive Plan on September 16, 1992,the City has undertaken an on-
going planning process including two meetings, and the gathering and analysis of updated data from
relevant sources. Based on such analysis,and in order to meet the requirements of State Statutes and
Rule, the City's Planning staff and planning consultant, Robert K. Swarthout, have recommended
proposed amendments to the City' Comprehensive Plan entitled "Modifications to the 1994
Amendments to the City of Miami Beach Year 2000 Comprehensive Plan".
On December 2, 1993,the City of Miami Beach Planning Board, sitting as the City's Local Planning
Agency, held a public hearing regarding proposed amendments to the City's Year 2000
Comprehensive Plan, after which the Board recommended that the City Commission authorize the
transmittal of the amendments to the Florida Department of Community Affairs (DCA).
The City Commission held a properly noticed public hearing on January 6, 1994 and approved the
amendments by Resolution 94-21018. Amendments were transmitted to DCA and, after receiving
comments on the proposed Comprehensive Plan amendments from DCA, the City revised the
proposed Comprehensive Plan in compliance with the comments of the State Land Planning Agency.
AGENDA ITEM C' 5
DATE ID-°-9
On June 2, 1994,the city adopted the revised 1994 Amendments to the Comprehensive Plan. After
its review, the DCA issued notice of intent to find the 1994 Amendment not in compliance with
Chapter 163 of the Florida Statutes. On August 16, 1994, a petition was filed by the DCA with the
Division of Administrative Hearings in Case No. 4509. During the course of that proceeding,
administrative hearings were held to address concerns of the DCA and interveners and compliance
agreement negotiations were held which resulted in modifications to the 1994 amendments and
proposed Compliance Agreement.
On September 12, 1996, the City adopted Resolution No. 96-22117 approving a Compliance
Agreement with DCA concerning "Modifications to the 1994 Amendments to the City of Miami
Beach Year 2000 Comprehensive Plan". Pursuant to the terms of the Compliance Agreement,the
City is required to adopt the remedial plan amendments within 120 days of its execution. Thereafter,
the DCA will issue a notice of intent addressing both the plan amendment and the Compliance
Agreement amendment as being in compliance with state requirements. Immediately after adoption
of the Compliance Agreement on September 12, the City Commission proceeded to set a public
hearing for Sept. 25, 1996 for consideration and adoption of the Modifications to the 1994 City of
Miami Beach Year 2000 Comprehensive Plan.
On September 25, 1996 the Commission opened the public hearing, but due to the late hour,
continued said hearing to today at 5:01 to allow for citizens desiring to be heard to be present.
ANALYSIS
A public hearing has been scheduled for today (September 25, 1996)to adopt the Modifications to
the 1994 Amendments to the City of Miami Beach_Year 2000 Comprehensive Plan.
All remedial actions,plan amendments and amendments to the support documents are contained in
Exhibit A, consisting of: Modifications to the 1994 Amendments to the City of Miami Beach Year
2000 Comprehensive Plan, Part I: Data and Analysis, and Part II: Goals, Objectives and Policies
with Procedures for Public Participation in the Planning Process, and Monitoring and Evaluation
Procedures.
This amendment will preserve and enhance present advantages,encourages the most appropriate use
_of land,water and resources, overcomes present handicaps, deals effectively with future needs, and
meets all other pertinent statutory and regulatory requirements. An Executive Summary of the
Modifications to the 1994 Amendments to the City of Miami Beach Year 2000 Comprehensive Plan
prepared by our planning consultant, Mr. Robert K. Swarthout, is attached hereto.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance adopting the
"Modificationsto the 1994 City of Miami Beach Year 2000 Comprehensive Plan.
JGP/F'iMdi /PIJG
•
a)
•
cc •
Jr) as •
C) • •
.
..;c .
:U •
• • .4
<4
,-a v U)
<-7Z +J (1)
dam'.Zi GU •H
a-a m
Cadell ,C
� v
an �
O o
O O
"d O
N