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<br />hearing, provided for public participation in the process and rendered its recommendation to the <br />City Commission; and <br /> <br />WHEREAS, the City Commission, upon first reading of this Ordinance, authorized <br />transmission of the EAR-Based Amendments to the Department of Community Affairs and <br />review agencies for the purpose of a review in accordance with Sections 163.3184, 163.3187, <br />163.3189 and 163.3191, Florida Statutes; and <br /> <br />WHEREAS, the City has responded to objections and comments issued by the <br />Department of Community Affairs; and <br /> <br />WHEREAS, the City Commission, upon final adoption of this Ordinance, authorized <br />transmission of the EAR-Based Amendments to the Department of Community Affairs. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Recitals. The foregoing facts and recitations contained in the preamble to <br />this Ordinance are hereby adopted and incorporated by referenced as if fully set forth herein. <br /> <br />Section 2. Amendments to the Comprehensive Plan. The 2007 Evaluation and Appraisal <br />Report-Based Amendments to the City of Sunny Isles Beach Comprehensive Plan, attached as <br />Exhibit "A" to this Ordinance and as revised to address any objections, recommendations and <br />comments provided by the Department of Community Affairs and review agencies, are hereby <br />adopted. <br /> <br />Section 3. Severabilitv. If any section, subsection, clause or provision of this Ordinance is <br />declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not <br />be affected by such invalidity. <br /> <br />Section 4. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict <br />herewith be, and the same, are hereby repealed <br /> <br />Section 5. Inclusion in the Comprehensive Plan. It is the intention of the City Commission, and <br />it is hereby ordained that the provisions of this Ordinance shall become and made a part of the <br />City of Sunny Isles Beach Comprehensive Plan; that the sections of this Ordinance may be <br />renumbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be <br />changed to "Section" or other appropriate word. <br /> <br />Section 6. Transmittal. The City's Consultant, Bell David Planning Group is hereby <br />directed to transmit the City of Sunny Isles Beach Draft EAR-Based Amendments to the State <br />Department of Community Affairs in accordance with Florida Statute 163.3191. <br /> <br />Ear Amendment <br />Page 2 of3 <br />