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O-612-99 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. s 1 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