HomeMy WebLinkAboutPZAB (9460) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-21-038
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 9460 Final Action Date: 10/6/2021
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF 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, 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 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 schedule evaluation and appraisal of its comprehensive plan; and
WHEREAS, the City of Miami respects judicially acknowledged and constitutionally
protected private property rights; and
WHEREAS, no amendments to the Miami Comprehensive Neighborhood Plan
("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 ordinance will amend the MCNP by adding a property rights element;
and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") held a duly noticed
public hearing;
City of Miami Page 1 of 3 File ID: 9460 (Revision:) Printed On: 11/1/2021
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING, AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The PZAB recommends approval to the City Commission of 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
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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 includein
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.
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Section 3. The PZAB finds that the Comprehensive Plan 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;
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: 9460 (Revision:) Printed On: 11/1/2021
(c) Involves a text change to the Miami Comprehensive Neighborhood Plan;
(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.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 5. This Resolution shall become effective immediately upon its adoption.
Reviewed and Approved:
-Pons Al
P,Director, evartmentOf lanning 10/13/2021
City of Miami Page 3 of 3 File ID: 9460 (Revision:) Printed On: 11/1/2021