96-22118 RESO
RESOLUTION NO.
96-22118
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A
PUBLIC HEARING TO CONSIDER FOR ADOPTION THE
MODIFICATIONS TO THE 1994 AMENDMENTS TO THE
CITY OF MIAMI BEACH YEAR 2000 COMPREHENSIVE
PLAN.
WHEREAS, on June 2, 1994, after receiving comments on proposed Comprehensive Plan
amendments from the State of Florida Department of Community Affairs ("DCA"), the City adopted
the 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 GM in which Aaron J. Edelstein, Bernard S.
Edelstein, Mark S. Edelstein, Craig L. Edelstein, Shepard Edelstein, Stortford N.V., T!erre Bay
Apartments, Lido Spa Hotel, and Melvin Simonson were granted intervenor status; and
WHEREAS, during the course of the Division of Administrative Hearing proceeding,
compliance agreement negotiations were held which have resulted in proposed modifications to the
1994 Amendments; and
WHEREAS, the Mayor and City Commission have approved a Compliance Agreement with
DCA pursuant to Section 163.3184 (16), Florida Statutes, which provides, inter alia, that the City
will consider for adoption remedial amendments to the 1994 Amendments so that the 1994
Amendments may be found in compliance; and
WHEREAS, pursuant to Section 163.3184 (16)(d), Florida Statutes, the City may adopt a
plan amendment pursuant to a Compliance Agreement after the holding of a single adoption public
hearing.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to
consider for adoption the Modifications to the 1994 Amendments to the City of Miami Beach Year
2000 Comprehensive Plan, is hereby scheduled on Wednesday, September 25, 1996 at 2:00 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 12th day of
tember
ATTEST:
R~k~ ft~
CITY CLERK
FORM f\PPROVED
BY~
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Due, .,..].:.1.,-
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f:lattoltumlresos\2000cpla.hrg
2
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. :; ~lo -g to
TO:
Mayor Seymour Gelber and
Memben or the City Commission
DA TE:September 11, 1996
FROM:
Jose Garcia-Pedrosa ~
City Manager
Setting of Public earing for Adoption of Modifications to the 1994
Amendments to the City of Miami Beach Year 2000 Comprehensive Plan.
SUBJECT:
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve a Resolution setting a Public
Hearing on Wednesday, September 25, 1996 at a time certain for the purpose of 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 re-adoption of the Comprehensive Plan on Sept. 16, 1992, the City has undertaken an on-going
planning process including town 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
Rules, the City's Planning staff and planning consultant, Robert K. Swarthout, have recommended
proposed amendments to the City's 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
Rl(:
DATE~ -} }-9L.
On June 2, 1994, the City adopted the revised 1994 Amendments to the Comprehensive Plan. After
its review, the DCA issued a 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 have resulted in modifications to the 1994 amendments and
a proposed Compliance Agreement.
ANALYSIS
A public hearing has been scheduled for today (September 11, 1996) to approve. the Compliance
Agreement between the City and DCA.
The Compliance Agreement sets forth a requirement that a single public hearing be held within 120
days of approval by the City of Miami Beach for the consideration and adoption of Modifications
to the 1994 Amendments to the City of Miami Beach Year 2000 Comprehensive Plan, at which time
all interested parties will be heard.
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.
CONCLUSION
The Administration recommends that the City C0111I1?-ission set a public hearing for the adoption of
the Modifications to the 1994 City of Miami Beach Year 2000 Comprehensive Plan.
JGPU
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