96-22042 RESO
RESOLUTION NO.
96-22042
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A
PUBLIC HEARING FOR THE CONSIDERATION AND
EXECUTION OF A COMPREHENSIVE PLAN COMPLIANCE
AGREEMENT PURSUANT TO SECTION 163.3184(16) (c),
FLORIDA STATUTES AND RULE 9J-11.0131 OF THE
FLORIDA ADMINISTRATIVE CODE.
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
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; 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;
and
WHEREAS, prior to its execution of the compliance agreement,
the City must approve the compliance agreement at a public hearing
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pursuant to Section 163.3184 (16) (c), Florida Statutes and Rule 9J-
11.0131 of the Florida Administrative Code.
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 consideration and execution of a Comprehensive Plan
Compliance Agreement pursuant to Section 163.3184(16) (c), Florida
Statutes and Rule 9J-11.0131 of the Florida Administrative Code, is
hereby scheduled on Wednesday, July 17, 1996 at 3:15 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 3rd
, 1996.
ATTEST:
Ro~~ ftM~
CITY CLERK
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FORM APPROVED
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3
i;
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. :)89 - 9l,p
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: July 3, 1996
FROM::'
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTION F THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAM BEACH, CALLING FOR A PUBLIC HEARING FOR THE
CONSIDERATION AND EXECUTION OF A COMPREHENSIVE PLAN
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
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the
Resolution setting a public hearing on Wednesday, July 17, 1996 at
a time certain for the purposes of consideration and execution 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.
BACKGROUND
In January of 1994, the City of Miami Beach adopted on first
reading and transmitted amendments to the City of Miami Beach Year
2000 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 as changes necessary to comport
with amendments to Florida's Growth Management statutes.
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DATE
c-1G
1-3- ~b
AGENDA ITEM
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.
We have become aware of the imminent transmittal of this proposed
Compliance Agreement to the City by means of several telephone
conversations with the DA legal staff. However, at the time of this
writing, the City Administration is not in physical possession of
the proposed Compliance Agreement. In the anticipation and hope
that this document is acceptable, we believe that the Commission
should proceed to set a public hearing for the next meeting to
consider approval of said agreement.
If the Cemmission approves the Compliance Agreement on July 17, the
Administration would also request on that date that the Commission
set a second reading public hearing for September to consider final
approval of the 1994 Amendments to the 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 on July 17, 1996 to consider approval of the
subject Compliance Agreement._
JGP~~JG/CS
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