HomeMy WebLinkAboutOrdinance 2022-591ORDINANCE NO. 2022
AN ORDINANCE ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AMENDING THE ADOPTED CITY OF SUNNY ISLES BEACH
COMPREHENSIVE PLAN TO CREATE A PROPERTY RIGHTS ELEMENT IN
COMPLIANCE WITH F.S. 163.3177(6)(1); PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, F.S. 163.3177(6)(i) requires that each local government adopt a property rights
element as part of its comprehensive plan; and
WHEREAS, the City Commission respects judicially acknowledged and constitutionally
protected private property rights and wishes to require consideration of such rights in the
comprehensive plan; and
WHEREAS, the City Commission, sitting as the Local planning Agency, held a duly noticed
public hearing on June 16, 2022, and recommended adoption of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part by this Ordinance upon
adoption hereof.
Section 2. Amendment. The City's adopted comprehensive plan is hereby amended to create
a property rights element to read as follows, as may be reformatted consistent with the style used
in the comprehensive plan:
Property Rights Element
Property Rights Goal
THE CITY WILL RESPECT JUDICIALLY ACKNOWLEDGED AND CONSTITUTIONALLY
PROTECTED PRIVATE PROPERTY RIGHTS.
Objective 1
The City will consider judicially acknowledged and constitutionally protected
private property rights in its decision-making.
Policy
1A. The City will consider in its decision-making the right of a property owner to
physically possess and control their interests in the property, including
easements, leases or mineral rights.
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1B. The City will consider in its decision-making the right of a property owner to
use, maintain, develop, and improve their property for personal use or for the
use of any person, subject to state law and local ordinances.
1C. The City will consider in its decision-making the right of the property owner
to privacy and to exclude others from the property to protect the owner's
possessions and property.
1D. The City will consider in its decision-making the right of a property owner to
dispose of their property through sale or gift.
Section 3. Transmittal. The City Commission hereby directs the City Manager to transmit the
amendment to the State Land Planning Agency pursuant to F.S. 163.3184.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to take all
actions necessary to implement the terms and conditions of this Ordinance.
Section 5. Effective Date. This Ordinance shall take effect 31 days after the State Land Planning
Agency issues its notice of intent to find that the plan amendment is in compliance with the Community
Planning Act, unless timely challenged pursuant to F.S. 163.3184(5), in which case the Ordinance shall
take effect on the date the State Land Planning Agency or the Administrative Commission enters into
a final order determining the adopted amendment to be in compliance.
ATTEST:
PASSED AND ADOPTED on first reading thisday of June 2022.
PASSED AND ADOPTED on second reading this J&ay of September 2022.
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEGA FICIENCY:
l
0 —9
Mauridb Be ncur CMC, City Clerk { Edwar A. Dion, City Attorney
First Reading Second Reading
Motion: Motion: ; �'" t Y /",/,o
Second: / l'{'' aSQ Second
Page 2 of 3 105
Vote on First Reading:
Mayor Goldman
�- (Yes)
(No)
Vice Mayor Viscarra
J (Yes)
(No)
Commissioner Joseph
Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Vote on Second Reading:
Mayor Goldman
(Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Page 3 of 3 106
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Amy Canales, Planning and Zoning Director
DATE: September 15, 2022
RE: Proposed Comprehensive Plan Property Rights Element
RECOMMENDATION:
Staff recommends approval of this Ordinance.
REASONS:
Effective July 1, 2021, the Florida legislature required that all local governments amend their
comprehensive plans to adopt a property rights element to ensure that private property rights are
considered in all decision-making. F.S. 163.3177(6)(i)(1) lists several," statements of rights" that must
be incorporated into all property rights elements, and which constitute the City's proposed element.
The statute prohibits local governments from adopting non -mandatory amendments to their
comprehensive plans before adopting a property rights element.
ATTACHMENTS:
Ordinance
Item Number: 9.A
103