HomeMy WebLinkAboutO-14049City of Miami
Ordinance 14049
Legislation
City Hall
3500 Pan American 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 Page 1 of 3 File ID: 10761 (Revision:) Printed On: 6/9/2025
File ID: 10761 Enactment Number: 14049
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:'
"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;
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 Page 2 of 3 File ID: 10761 (Revision:) Printed on: 6/9/2025
File ID: 10761 Enactment Number: 14049
(e) Complies with the applicable density limitations set forth in the Local Government
Comprehensive Planning and Land Development Regulation Act, if applicable.
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:
"ndez, ity ttor
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 Page 3 of 3 File ID: 10761 (Revision:) Printed on: 6/9/2025