O-612-99 (adopting comp plan)ORDINANCE NO. 612-99
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL,
MIAMI SHORES, FLORIDA, REPEALING IN PART THE CURRENT
MIAMI SHORES VILLAGE COMPREHENSIVE PLAN AND
ADOPTING A NEW MIAMI SHORES VILLAGE COMPREHENSIVE
PLAN TO BE KNOWN AS THE "MIAMI SHORES VILLAGE 2010
COMPREHENSIVE PLAN; PROVIDING THAT THE GOALS,
OBJECTIVES AND POLICIES ARE ADOPTED; PROVIDING THAT
THE DATA AND ANALYSIS ARE NOT ADOPTED; SUBMIT THE
MIAMI SHORES VILLAGE 2010 COMPREHENSIVE PLAN TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; DIRECTING
THE VILLAGE MANAGER TO PUBLISH COPIES OF THE MIAMI
SHORES VILLAGE 2010 COMPREHENSIVE PLAN ; PROVIDING
FOR REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE,
FLORIDA:
SECTION I. INTENT
That the provisions contained herein have been enacted pursuant to: 1)the "Local
Government Comprehensive Planning and Land Development Regulation Act," Chapter 163, Part
II, Florida Statutes; and 2) applicable Growth Management Regulations, Chapter 9J-5 and 9J-11,
Florida Administrative Code. These require that Miami Shores Village engage in an ongoing
planning process to evaluate its Comprehensive Plan and adopt amendments as necessary to attain
its planning goals and to comply with statutory requirements.
That in partially repealing the existing Miami Shores Village Comprehensive Plan and adopting
the Miami Shores 2010 Comprehensive Plan as described herein, it is the intent and purpose of
the Miami Shores Village Council 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 pertinent statutory and
administrative code requirements.
SECTION II. FINDINGS
That the Village Council hereby make the following findings:
1) Since adoption of the current comprehensive plan the Village has undertaken an on-going
planning process including, but not limited to: gathering and analyzing data from various
relevant sources; collecting and analyzing data about land use and other characteristics of
the Village; preparing an Evaluation and Appraisal Report; submitting the Evaluation and
Appraisal Report to the Florida Department of Community Affairs; and conducting
workshops and public hearings as required by law.
2) Also since the initial adoption of the current comprehensive plan, the Village has initiated
two amendments to the comprehensive plan, one in 1993 and one in 1995. The first of
these two amendments has not yet been finally enacted because a challenge was brought
by a property owner to the Florida Department of Community Affairs' published notice of
intent to find the amendment "in compliance"with relevant provisions of Florida statutory
and administrative law. That challenge has not yet been resolved. Since the first of these
two amendments was initiated by the Village, the Burt J. Harris, Jr. Property Rights Act
has been enacted into law and the Florida Department of Community Affairs has initiated a
program to promote intensive development in the eastern portion of Dade County.
Accordingly, it may be in the interest of the Village that the property owner's challenge to
the amendment initiated in 1993 not be rendered moot by the adoption of the new Miami
Shores 2010 Comprehensive Plan.
3) Based upon the aforesaid history; the new data and analysis; the requirements of Chapter
163, Part II, Florida Statutes; the requirements of Rule 9J-5 and 9J-11, Florida
Administrative Code; and the needs of the Village, the Village's consulting city planner,
Robert K. Swarthout, has recommended: 1) The repeal of the existing comprehensive plan
including the amendments initiated in 1993 and 1996, except for that portion of the
amendment initiated in 1993 which changes the parcels then known as the Biscayne
Kennel Club from the restricted commercial future land use map designation to the single
family future land use map designation; and 2) the adoption of the Miami Shores Village
2010 Comprehensive Plan attached hereto.
4) On December 17, 1998, the Miami Shores Village Local Planning Agency held a public
hearing regarding the partial repeal of the existing comprehensive plan and the adoption of
the Miami Shores Village 2010 Comprehensive Plan, after which the Local Planning
Agency recommended that the Village Council authorize the transmittal of the Miami
Shores Village 2010 Comprehensive Plan to the Florida Department of Community
Affairs.
5) On February 2, 1999, the Village Council of Miami Shores Village held a first reading
public hearing regarding the partial repeal of the existing comprehensive plan and the
adoption of the Miami Shores Village 2010 Comprehensive Plan, after which the Council
ordered the transmittal of the Miami Shores Village 2010 Comprehensive Plan to the
Florida Department of Community Affairs.
6) After receiving the Objections, Recommendations and Comments Report from the
Department of Community Affairs on the Miami Shores Village 2010 Comprehensive
Plan, the Village's planning consultant revised the Miami Shores Village 2010
Comprehensive Plan.
7) The Village Council believes that the attached Miami Shores 2010 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.
8) The Village Council deems it in the best interests of the general welfare of Miami Shores
Village and its citizens to: 1)repeal the existing comprehensive plan including the
amendments initiated in 1993 and 1996, except for that portion of the amendment initiated
in 1993 which changes the parcels then known as and utilized by the Biscayne Kennel
Club from the restricted commercial future land use map designation to the single family
future land use map designation; and 2) adopt the Miami Shores Village 2010
Comprehensive Plan attached hereto.
SECTION III. REPEAL OF PORTIONS OF EXISTING COMPREHENSIVE PLAN
AND ADOPTION OF MIAMI SHORES VILLAGE 2010
COMPREHENSIVE PLAN.
That the Village Council hereby: 1)repeals the existing comprehensive plan including the
amendments initiated in 1993 and 1996, except for that portion of the amendment initiated in
1993 which changes the parcels then known as and utilized by the Biscayne Kennel Club from the
restricted commercial future land use map designation to the single family future land use map
designation; and 2) adopts the Miami Shores Village 2010 Comprehensive Plan attached hereto.
Repeal of the existing comprehensive plan shall not take effect until the 2010 Comprehensive Plan
attached hereto becomes fully effective under Florida law.
SECTION IV. CERTAIN PORTION OF MIAMI SHORES VILLAGE 2010
COMPREHENSIVE PLAN NOT ADOPTED.
That in adopting the Miami Shores Village 2010 Comprehensive Plan attached hereto, the Village
Council adopts only the goals, objectives and policies and any other portions that are required by
Florida statutory and administrative law to be adopted and the Village Council explicitly does not
adopt the data and analysis portion of the Miami Shores Village 2010 Comprehensive Plan.
SECTION V. TRANSMISSION AND SUBMITTAL TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
That the Village Manager and Village Clerk are hereby directed to transmit and submit the Miami
Shores Village 2010 Comprehensive Plan and any other appropriate documentation to the Florida
Department of Community Affairs and to enter into such discussions with the Department of
Community Affairs as may be appropriate to facilitate the ultimate approval of the Miami Shores
Village 2010 Comprehensive Plan by the Department.
SECTION VI. PUBLICATION OF COMPREHENSIVE PLAN
That the Village Manager is directed to publish the Miami Shores Village 2010 Comprehensive
Plan for distribution to appropriate Village officials at the expense of the Village and to any and
all other parties at their own expense. In publishing the Plan, the Village Manager is hereby
directed to make minor technical corrections as the Manager may deem appropriate provided that
such changes do not alter the regulatory content of the goals, objectives and policies or other
adopted portions of the Plan.
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SECTION VII. REPEALER
That all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION VIII. SEVERABILITY
That if any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION IX. EFFECTIVE DATE
That this Ordinance shall take effect upon its adoption, and that the effective date for the Miami
Shores Village 2010 Comprehensive Plan shall be the earliest date permitted by State Statute and
Administrative Rule.
PASSED ON FIRST READING ON THE 2 DAY OF FEBRUARY , 1999.
PASSED AND ADOPTED ON SECOND READING ON THE 21 DAY OF
September 1999.
Mark S. Ulmer, Mayor
ATTEST:
iw a,
Barbara A. Fugazzi, MC
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan, Village ttorney