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Home My WebLink AboutR-24-0271City of Miami Resolution R-24-0271 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16302 Final Action Date: 7/11/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, FINDING THAT MIAMI-DADE COUNTY'S ("COUNTY") CONTINUED AMENDMENTS, EXPANSIONS, AND ENFORCEMENT OF THE RAPID TRANSIT ZONE ("RTZ") AND THE COUNTY'S CONTINUED ISSUANCE OF PERMITS FOR PROPERTIES WITHIN THE CITY OF MIAMI ("CITY") MUNICIPAL BOUNDARIES IS DECLARED TO BE AN IMMEDIATE DANGER TO THE HEALTH, SAFETY, OR WELFARE OF THE PUBLIC WHICH REQUIRES IMMEDIATE ACTION; WAIVING THE REQUIREMENTS OF CHAPTER 164, FLORIDA STATUTES; AND FURTHER AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL LEGAL ACTIONS NECESSARY, IN LAW OR IN EQUITY, AGAINST THE COUNTY TO ADDRESS THE EFFECT ON THE CITY RESIDENTS CAUSED BY THE COUNTY'S ENACTMENT, AMENDMENT, AND EXPANSION OF THE RTZ, AND THE COUNTY'S ALLEGED PREEMPTION OF THE CITY'S REGULATORY JURISDICTIONAL AUTHORITY OVER PROPERTIES WITHIN THE CITY. WHEREAS, Miami -Dade County ("County") has enacted and amended Section 33C of the Miami -Dade County Code of Ordinances ("RTZ Ordinance") to establish and expand the Miami -Dade County Rapid Transit Zone ("RTZ"); and WHEREAS, the RTZ Ordinance infringes on the City of Miami's ("City") Home Rule authority to, among other things, enact and enforce ordinances and land use regulations regarding permitted uses, municipal fees, building standards, subdivision regulations, fire safety, and land use and zoning regulations; and WHEREAS, these enactments, amendments, and expansions of the RTZ have abrogated the City's constitutional and statutory Home Rule authority and violate the Florida Constitution, Florida law, the Miami -Dade County Charter; the City's Code of Ordinances; the Miami Comprehensive Neighborhood Plan, and Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the RTZ Ordinance adversely impacts the provision of critical City services (both within the RTZ and within the City as a whole) including but not limited to stormwater services, fire safety, police services, parking, traffic management, and park space; and WHEREAS, due to the RTZ Ordinance, the County has increased the cost to the City of providing services while at the same time depriving the City of the collection of fees to mitigate the cost of providing municipal services; and WHEREAS, the RTZ Ordinance purports to usurp the City's jurisdictional authority over all regulatory decisions, including but not limited to comprehensive planning, district boundary City of Miami Page 1 of 3 File ID: 16302 (Revision:) Printed On: 8/4/2025 File ID: 16302 Enactment Number: R-24-0271 changes, special exceptions, variances, unusual uses, site plan approvals, issuance of building permits; building inspections; construction -related fire permits and inspections, compliance with the Florida Building Code and the Florida Fire Prevention Code; issuance of certificates of occupancy; subdivision approvals; and all other types of planning, zoning, subdivision, or building functions; and WHEREAS, the RTZ Ordinance violates the City's authority to provide a higher level of service to those who reside, work, and visit the City; and WHEREAS, the County's enactment, amendment, and expansion of the RTZ has a detrimental impact on the health, safety, and welfare of those who reside, work, and visit the City of Miami; and WHEREAS, on November 16, 2023, the City Commission passed Resolution No. R-23- 0522, authorizing the City Attorney to take any and all action(s) necessary, in law or equity, regarding the County's enactment, amendment, and expansion of the RTZ; and, by a four -fifths (4/5ths) affirmative vote, finding that an immediate danger to the health, safety, or welfare of the public requires immediate action and/or that significant legal rights will be compromised if a court proceeding does not take place before compliance with the provisions of Chapter 164, Florida Statutes, the "Florida Governmental Conflict Resolution Act"; and WHEREAS, the City and County have been participating in Chapter 164, Florida Statutes, proceedings; and WHEREAS, the City has filed a lawsuit against the County regarding the RTZ Ordinance and the parties agreed to abate the case pending Chapter 164, Florida Statutes, proceedings; and WHEREAS, the City and the County have been participating in the governmental conflict resolution process pursuant to Chapter 164, Florida Statutes, as authorized by the Miami City Commission under Resolution No. R-22-0468, but the process has not been completed; and WHEREAS, the City and County had an initial conflict assessment meeting in addition to one joint public meeting pursuant to Chapter 164, Florida Statutes; and WHEREAS, there have been difficulties in coordinating a second joint public meeting between the County and City; and WHEREAS, despite the pending Chapter 164 proceedings and the lawsuit, the County has continued to expand and amend the RTZ Ordinance and continues to issue permits to RTZ properties within the City's municipal boundaries; and WHEREAS, the City Commission finds that the enactment, amendment, and continuing expansion of the RTZ as well as the County's continued issuance of permits to properties in the RTZ creates an immediate danger to the health, safety, or welfare of the public and requires immediate action before the provisions of Chapter 164, Florida Statutes, are complied with; and WHEREAS, the City Commission finds that significant legal rights will be compromised if a court proceeding does not take place before the provisions of Chapter 164, Florida Statutes, are complied with; and City of Miami Page 2 of 3 File ID: 16302 (Revision:) Printed on: 8/4/2025 File ID: 16302 Enactment Number: R-24-0271 WHEREAS, the City Commission finds that it is in the best interest of the City residents, business owners, visitors, and property owners to authorize the City Attorney to take any and all action(s) necessary, in law or equity, regarding the County's enactment, amendment, and expansion of the RTZ and the County's continued issuance of permits; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission, by a four -fifths (4/5ths) affirmative vote, finds that the County's continued amendments, expansions, and enforcement of the RTZ Ordinance and the County's continued issuance of permits for properties within the City's municipal boundaries is declared to be an immediate danger to the health, safety, or welfare of the public which requires immediate action and/or that significant legal rights will be compromised if a court proceeding does not take place before compliance with the provisions of Chapter 164, Florida Statutes, the "Florida Governmental Conflict Resolution Act". Section 3. The City Commission hereby authorizes' the City Attorney to take any and all action(s) necessary, in law or equity, regarding the County's enactment, amendment, and expansion of the RTZ and the County's continued issuance of permits on RTZ properties within the City's municipal boundaries. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 3 of 3 File ID: 16302 (Revision:) Printed on: 8/4/2025