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Home My WebLink AboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 10761 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO SECTION 163.3184, FLORIDA STATUTES, BY ADDING A PROPERTY RIGHTS ELEMENT AS REQUIRED BY SECTION 163.3177(6)(i)1, FLORIDA STATUTES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Arthur Noriega V, City Manager, on behalf of City of Miami PURPOSE: House Bill 59 became law on June 29, 2021, adding Sec. 163.3177(6)(i). This requires all local governments to add a property rights element to their comprehensive plans. This item presents the property rights element in the format required by Florida Statute. FINDING(S): PLANNING DEPARTMENT: Recommended approval. Planning, Zoning and Appeal Boards: On October 6, 2021, recommended approval, by a vote of 5 to 2. City of Miami File ID: 10761 (Revision:) Printed On: 6/9/2025 City of Miami Legislation Ordinance Enactment Number:14049 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 10761 Final Action Date: 2/10/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO SECTION 163.3184, FLORIDA STATUTES, BY ADDING A PROPERTY RIGHTS ELEMENT AS REQUIRED BY SECTION 163.3177(6)(i)1, FLORIDA STATUTES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") was adopted on February 9, 1989 by Ordinance No. 10544 pursuant to Chapter 163, Florida Statutes; and WHEREAS, Section 163.3167, Florida Statutes, requires all local governments to maintain a comprehensive plan to guide its future development and growth; and WHEREAS, House Bill 59 was signed by Governor Ron DeSantis amending Chapter 163, Florida Statutes, including adding Section 163.3177(6)(i)1, Florida Statutes, which requires all local comprehensive plans to include a property rights element by the earlier of the date of the local government's adoption of its next proposed plan amendment that is initiated after July 1, 2021 or the date of the next scheduled evaluation and appraisal of its comprehensive plan; and WHEREAS, the City of Miami ("City") respects judicially acknowledged and constitutionally protected private property rights; and WHEREAS, no amendments to the MCNP, including small-scale amendments initiated after July 1, 2021, can be adopted until compliance with Section 163.3177(6)(i)1, Florida Statutes, is achieved; and WHEREAS, this proposed Ordinance will amend the MCNP by adding a property rights element pursuant to House Bill 59; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October 6, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-038 by a vote of five to two (5 - 2), Item No. PZAB.6, recommending approval of the Comprehensive Plan Text Change by adding this new element; and WHEREAS, the City Commission held a duly noticed public hearing; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami File ID: 10761 (Revision:) Printed On: 6/9/2025 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission approves the proposed amendment to Ordinance No. 10544, as amended, the MCNP, to add a Property Rights Element as required by Section 163.3177(6)(i)1, Florida Statutes, as follows:1 "INTERGOVERNMENTAL COORDINATION PROPERTY RIGHTS In accordance with the legislative intent expressed in Sections163.3161(10) and 187.101(3) Florida Statutes, as amended, that governmental entities respect judicially acknowledged and constitutionally protected private property rights, each local government is required to include in its comprehensive plan a property rights element to ensurethat private property rights are considered in localdecision making. Accordingly, the following rights shall be considered in the City's decision making: 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. 4. The right of a property owner to dispose of his or her property through sale or gift. *„ Section 3. The City Commission finds that the MCNP text amendment: (a) Is necessary due to changed or changing conditions; (b) Follows an Expedited State Review Process pursuant to Section 163.3184(3), Florida Statutes; (c) Involves a text change to the MCNP; (d) Is one which is not located within an area of critical state concern as designated by Section 380.0552, Florida Statutes, or by the Administration Commission pursuant to Section 380.05(1), Florida Statutes; (e) Complies with the applicable density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act, if applicable. 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami File ID: 10761 (Revision:) Printed On: 6/9/2025 Section 4. The City Manager is directed to promptly transmit within ten (10) working days after Second Reading a copy of the adopted amendment along with supporting data and analysis to the State Land Planning Agency and all appropriate reviewing agencies or local governments that provided timely comments after First Reading pursuant to Section 163.3184, Florida Statutes. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. Pursuant to Section 163.3184, Florida Statutes, this Ordinance, if not timely challenged, shall become effective thirty-one (31) days after the State Land Planning Agency notifies the City that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the State's Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance.2 APPROVED AS TO FORM AND CORRECTNESS: end ety Nttor ey 10/27/2021 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami File ID: 10761 (Revision:) Printed On: 6/9/2025