HomeMy Public PortalAbout11-13 Ear-Base Comprehensive Plan Amendments with Community Affairs 1st Reading: July 27, 2011
2nd Reading: September 14, 2011
Public Hearing: September 14, 2011
Adopted: September 14, 2011
Effective Date: September 15, 2011
Sponsor: City Manager
ORDINANCE NO. 11-13
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA TO APPROVE, ADOPT
AND SUBMIT THE CITY'S PROPOSED EAR-BASED
COMPREHENSIVE PLAN AMENDMENTS, WITH
CHANGES RECOMMENDED BY THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AS
REQUIRED BY FLORIDA STATUTES 163, TO ENSURE
CONSISTENCY WITH RULE 9J-5, F.A.C.; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY AND CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the comprehensive master plan is required to be updated every seven (7)
years; the City has not completed its second cycle EAR-based amendments; and
WHEREAS, on April 14, 2011, the City's EAR-based amendments, drafted by Florida
International University's Metropolitan Center, were transmitted to the Florida Department of
Community Affairs (DCA) for review; and
WHEREAS, DCA provided an Objections, Recommendations, and Comment Report
(ORC), and the Amendments were deemed sufficient, subject to the ORC; and
WHEREAS, the City's revised EAR package incorporates the changes of the ORC
report and the City of Opa-locka approves, adopts and submits the City's proposed EAR-based
amendments with changes recommended by the Florida Department of Community Affairs, as
required by F.S. 163; and
WHEREAS, transmission of the EAR-based amendments with ORC changes, will bring
the City into Compliance with F.S. 163.3191, allowing the City to process land use amendments
and prepare for redevelopment citywide.
ORDINANCE NO. 11-13
NOW, THEREFORE,BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF OPA-LOCKA,FLORIDA,AS FOLLOWS:
Section 1. Recital The recitals to the preamble herein are incorporated by reference.
Section 2. Approval and Adoption of the comprehensive plan amendments. The
City Commission hereby approves, adopts and submits the proposed comprehensive plan EAR-
based amendments, with changes recommended by the Florida Department of Community
Affairs.
Section 3 Conflict and Repealer. All ordinances or Code provisions in conflict
herewith are hereby repealed.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions of this
Ordinance.
Section 5. Codification. This Ordinance shall be codified in the Code of Ordinances
when the code is recodified.
Section 6. Effective Date. This Ordinance shall, upon adoption, become effective as
specified by the City of Opa-locka Code of Ordinances and the City of Opa-locka Charter.
PASSED AND ADOPTED this 14th day of Septe ber, 2011.
MY TAYLOR
MAYOR
Attest to:
(;)„,„
Deborah . b
City Clerk
Approved as to form and legal sufficiency:
Josh()Illler
Cit' y
j
ORDINANCE NO. 11-13
Moved by: JOHNSON
Seconded by: MILLER
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: NOT PRESENT
Vice-Mayor Johnson: YES
Mayor Taylor: YES
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NOTICE TO THE PUBLIC
CITY OF OPA-LOCKA,FLORIDA NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that public hearings will be held on Wednesday,September 14,2011 at 7:00 p.m.in
the City Commission Chambers,777 Sharazad Boulevard,before the City Commission of the City of Opa-locka to CITY 0 F OPA-LOC B�(V1
consider the following items:
PUBLIC HEARINGS:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO APPROVE,ADOPT AND FY 2011 - 2012 BUDGET HEARINGS
SUBMIT THE CITY'S PROPOSED EAR-BASED COMPREHENSIVE PLAN AMENDMENTS, WITH CHANGES
RECOMMENDED BY THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AS REQUIRED BY FLORIDA STATUTES
163 TO ENSURE CONSISTENCY WITH RULE 9J-5,F.A.C.;PROVIDING FOR INCORPORATION OF RECITALS; NOTICE IS HEREBY GIVEN that the City Commission of
PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING FOR the City P budget hearings
of Opa-locka,Florida will conduct bud et s
AN EFFECTIVE DATE(first reading held on August 02,2011).Sponsored by C.M. g
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO APPROVE THE FINAL in the city Commission Chambers,777 Sharazad Boulevard,
SITE PLAN FOR THE CONSTRUCTION OF A SNAPPER'S FISH AND CHICKEN RESTAURANT AT THE CORNER Opa-locka, Florida to discuss the City of Opa-locka FY
OF VETERAN'S WAY AND TWENTY SECOND (22.) AVENUE, FOLIO OB-2122-025-0270; PROVIDING FOR
INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. 2011-2012 budget:
Additional information on the above items may be obtained in the Office of the City Clerk,780 Fisherman Street,
4•Floor,Opa-locka,Florida.All interested persons are encouraged to attend this meeting and will be heard with • First Budget Hearing-September 6,2011 @ 5:01 p.m.
respect to the public hearing. • Second Budget Hearing-September 20,2011 @ 5:01 p.m.
PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency,or commission
with respect to any matter considered at such meeting or hearing will need a record of the proceedings,and for that
reason,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony All interested persons are encouraged to attend.
and evidence upon which the appeal maybe based.
DEBORAH S.IRBY,CMC DEBORAH S. IRBY,CMC
CITY CLERK CITY CLERK
Q„Lockq
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Memorandum
TO: Myra L. Taylor, Mayor
Dorothy Johnson, Vice Mayor
Timothy Holmes, Commissioner
Rose Tydus, Commissioner
Gail Miller, Commissio er
FROM: Bryan Finnie, Interim *e anager
DATE: July 14, 2011
RE: Adoption and .r -nsmittal of City's Evaluation and Appraisal Report
(EAR)-Baseyt- omprehensive Master Development Plan Amendments
For Final Sufficiency
Request:
An ordinance of the city commission of the city of Opa-locka, Florida, to approve, adopt
and submit the city's proposed EAR-based comprehensive plan amendments with
changes recommended by the Florida Department of Community Affairs as required by
Florida Statutes 163, to ensure consistency with Rule 9J-5, FAC.; providing for
incorporation of recitals, providing for conflict and repealer, providing for severability and
providing for an effective date.
Description:
The comprehensive master development plan is required to be updated every seven (7)
years, which includes updating through the EAR every seven years. The city has not
yet completed its second cycle EAR-based amendments. Upon transmission of the
EAR-based amendments with ORC changes, the city will be in compliance with F.S.
163.3191, thereby allowing the city to process land use amendments and to prepare for
redevelopment citywide, which includes Magnolia North redevelopment. It is important
to note that the city is currently out of compliance and schedule as required by state
law. If the EAR is not adopted and transmitted to the Florida DCA, the city potentially
faces financial sanctions and its ability to process large scale land use applications.
On April 14, 2011, the City's EAR-based amendments, drafted by Florida International
University's Metropolitan Center, were transmitted to the Florida Department of
Community Affairs.DCA has reviewed the Comprehensive Plan Amendments and
furnished an Objections, Recommendations, and Comments (ORC) report, whereby the
amendments were deemed sufficient subject to the ORC; the City's revised EAR
package incorporates the changes of the ORC report.
Financial Impact:
This item was previously authorized by City Resolution No. 10-8018 and budgeted from
account no. 37-515312.
Implementation Time Line:
Immediately
Legislative History:
Resolution No. 10-8018
City Ordinance No. 11-01
Recommendation(s):
Staff recommends approval.
Attachment(s):
Draft Transmittal Ordinance for Final Sufficiency
Planning Council Resolution No. 011811
Copy of City Ordinance No. 11-01
Florida DCA ORC Report
DCA Correspondence
Prepared By: Howard W. Brown, Jr., Community Development Director
Sponsored by: City Manager
Resolution No. 10-.8 018
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA ACCEPTING THE
PROPOSAL OF THE METROPOLITAN CENTER OF
FLORIDA INTERNATIONAL UNIVERSITY(HEREINAFTER
"FIU/MC") FOR THE PREPARATION OF THE CITY OF
OPA-LOCKA'S COMPREHENSIVE PLAN AMENDMENTS
AS REQUIRED BY SECTION 163.3193,F.S.(2005);FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO
AND EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH FIU/MC FOR SAID SERVICES,IN AN
AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND
DOLLARS ($25,000),. PAYABLE FROM ACCOUNT NO. 37-
515312;PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Opa-locka desires to update its comprehensive plan through the
amendment process; and
WHEREAS, the City of Opa-locka has utilized the services of FIU/MC to prepare its
Evaluation and Appraisal Report and now requires these services for its plan amendment process;
and
WHEREAS, the processing of these Comprehensive Plan amendments is required by
Florida Statutes; and
WHEREAS, the City Commission of the City of Opa-locka desires to accept the
Metropolitan Center of Florida International University (FIU/MC) proposal (attached hereto) to
update its comprehensive plan through the amendment(Section 163.3193,F.S.(2005))process;and
Resolution No. 10- 8 0 1 R
WHEREAS, the City Commision of the City of Opa-locka desires to authorize the City
Manager to enter into and execute the attached Professional Services Agreement with FIU/MC for
said services, in an amount not to exceed Twenty-Five Thousand Dollars($25,000); and
NOW,THEREFORE,BE IT DULY RESOLVED ':Y THE CITY C1MMISSION OF
THE CITY OF OPA-LOCKA, FLORI:�-A:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission authorizes the City Manager to execute the attached
services agreement in an amount not to exceed twenty-five thousand dollars($25,000),to be payable
from account No. 37-515312
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 10 day of FEBRUARY , 2010.
JOSE III L. KELLEY
MAYOR
Attest to:, Approved to form and lega .,t ciency:
JDEDO IRBY JQ PI 1ELER, QUIRE -
CITY CLERK
WERE CITY ATTORNEY
February 10, 2010
DATE