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92-2804 Ordinance ORDINANCE 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 "1" 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-ll, 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. Findinqs. 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 1 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 2 "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" as the Comprehensive Plan of the City of Miami Beach. 12. Notwithstanding 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. ReadoDtion of comDrehensive 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 3 - 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. 4 section x. Effective Date. This Ordinance shall take effect on the 26th day of September , 1992. PASSED and ADOPTED this September , 1992. ATTEST: r-C~cJ Z.~~ ~ CITY CLERK 1st reading 4/22/92 2nd reading 9/16/92 FORM APPROVED LEGAL DEPT. ---- J c.) By E - pO - \L- Date SWS.scf compplan.ord 5 OFFICE OF THE CITY ATTORNEY ~~ rlJ$mm.ll~ F L o R o A CITY ATTORNEY ~~ /~~~('~ r~/;il!::~" :: -. 'IN~~"'1Ul) · .,. . :..'S'- <IJ /.::> <.'1..;-'=:..-;;,"1 .'" 'II 16 POBOX 0 MIAMI BEACH FLORIDA 33" "3-2Q3~ TELEPHONE 3051 673-7~-3 TELECOPY 30516f3-7CC2 LAURENCE FEINGOLD COMMISSION MEMORANDUM NO. 539-92- FROM: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY7Jl/OMM~SS N LAURENCE FEINGOLD City Attorney . · COMPREHENSIVE PLAN ADOPTION HEARING 01' SEPTEMBER 2, 1992 TO: SUBJECT: DATE: SEPTEMBER 2, 1992 As you know in Apr:il of this year our office advised of the necessity to adopt a Comprehensive Plan in light of the Third District Court of Appeal opinion regarding the improper publication of notice which occurred in September of 1989. At the transmittal hearing of April 22, 1992, we advised that the city could not hold final hearings until we received the required comments from the Department of Community Affairs. Now that we are in receipt of these comments, we may proceed with the adoption hearings t~ be held September 2nd and 16th, 1992. Proposed amendments to the plan were scheduled for September 15th, 1992 before the City's Planning Board but the Planning and Zoning Department has advised tbat those hearings will be postponed approximately thirty (30) days due to the City's involvement in coping with the emergencies created by the hurricane. JCD/cnm misc4.a:compplan.cm ~56 ACENDA ITEM R-3-Q 9-lG-9L DATE '-.J':-:;."J'"=,,TIO~, CEI\(:-='" ~RI\I".- FOuRTH FLOOR - MIAMI BEACH FLORIDA 33,39