96-22055 RESO
RESOLUTION NO.
96-22055
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A
PUBLIC HEARING FOR APPROVAL OF A COMPLIANCE
AGREEMENT WITH THE STATE OF FLORIDA,
DEPARTMENT OF COMMUNITY AFFAIRS, RELATIVE TO
THE 1994 AMENDMENTS TO THE CITY OF MIAMI BEACH
YEAR 2000 COMPREHENSIVE PLAN, PURSUANT TO
SECTION 163.3184(16) (c), FLORIDA STATUTES.
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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"); and
WHEREAS, 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
DCA; and
WHEREAS, after receiving comments on the proposed
Comprehensive Plan amendments from the DCA, 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;
and
WHEREAS, on June 2, 1994, the City adopted the revised 1994
Amendments to the City of Miami Beach Comprehensive Plan ("1994
Amendments"); and
WHEREAS, 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; and
WHEREAS, on August 16, 1994, a petition was filed by the DCA
with the Division of Administrative Hearings in Case No. 94-4509
8M. 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; and
WHEREAS, during the course of this proceeding, compliance
agreement negotiations were held which have resulted in proposed
changes to the 1994 Amendments and a proposed Compliance Agreement
relative thereto; and
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WHEREAS, prior to its execution of the Compliance Agreement,
the City must approve the Compliance Agreement at a public hearing
pursuant to Section 163.3184(16) (c), Florida Statutes.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public
hearing for the approval of a Compliance Agreement with the State
of Florida, Department of Community Affairs, pursuant to Section
163.3184 (16) (c) ,
Florida Statutes,
is hereby scheduled on
Wednesday, September 11, 1996 at 5:05 p.m. in the City Commission
Chambers at 1700 Convention Center Drive, Miami Beach, Florida, and
the City Clerk is hereby authorized and directed to publish and
distribute the appropriate public notice of said public hearing at
which time and place all interested parties will be heard.
PASSED and ADOPTED this 17th day of
July
, 1996.
ATTEST:
J
~ ~ "c~7
U"-~ MAYOR
J<. "-u..~ f~c.L,..
C TY CLERK
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ror~M APPRCVED
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By 111 ~
Date 7/t()/'1(,
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. ~ ~:3 -C1 ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: July 17, 1996
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A Resolution of t e Mayor and the City Commission of the City of Miami Beach,
Calling for a Public Hearing for the Approval of a Compliance Agreement with the
State of Florida, Department of Community Affairs, Relative to the 1994
Amendments to the City of Miami Beach Year 2000 Comprehensive Plan Pursuant
to S. 163.3184(16)c, F.S.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the Resolution re-setting a
public hearing originally scheduled for Wednesday, July 17, to Wednesday, September 11, 1996 at
a time certain for the approval of a Compliance Agreement with the State of Florida, Department
of Community Affairs relative to the 1994 Amendments to the City of Miami Beach Year 2000
Comprehensive Plan pursuant to S.163.3184(16)c, F.S.
BACKGROUND
In January of 1994, the City of Miami Beach adopted on first reading and transmitted amendments
to the City of Miami Beach Year 20000 Comprehensive Plan to the Florida Department of
Community Affairs. Plan amendments included revised data and analysis, in addition to
amendments to the adopted goals, objectives policies and future land use map, the subject
amendments reflected stated policy changes of the City of Miami Beach, community input and
policies already achieved, as well a changes necessary to comport with amendments to Florida's
Growth Management statutes.
AGENDAITEM~
DATE l-ll~9t.
ANALYSIS
Since the time of the amended plan's transmittal to the State of Florida, the City's planning staff and
its consultant, Robert K. Swarthout, Inc., have been working with the State Department of
Community Affairs (DCA) to further refine the plan document in order to address concerns and
observations raised by the DCA. These negotiations and drafted changes have resulted in the State
now being satisfied that the amended Comprehensive Plan meets the statutory requirements and,
therefore, offering a proposed Compliance Agreement.
The Compliance Agreement requires adoption by the City Commission, upon holding a public
hearing. State statutes also require that the public hearing be noticed 10 days prior to said hearing.
The City Commission was requested by the Administration at its July 3 meeting to set a public
hearing for July 17th. However, it has been concluded that the public notice published on July 7,
1996 in the Miami Herald does not meet minimum state requirements for this type of public notice.
As such, the Administration is requesting that the public hearing scheduled for July 17 to consider
adoption of the Compliance Agreement be re-set for September 11,1996.
If the Commission approves the Compliance Agreement on September 11, the Administration would
also request on that date that the Commission set a second reading public hearing for September 25
to consider final approval of the Modifications to the 1994 City of Miami Beach Year 2000
Comprehensive Plan, inclusive of all changes that have been made leading to the Compliance
Agreement.
CONCLUSION
The Administration recommends that the City Commission proceed to set a public hearing for
September 11, 1996, to consider approval of the subject Compliance Agreement.
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