Ordinance 2023-011
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ORDINANCE NO. 2023-01
AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE
COMPREHENSIVE PLAN BY ADDING A PROPERTY RIGHTS
ELEMENT, PURSUANT TO SECTION 163.3177(6), FLORIDA
6 STATUTES (2023); PROVIDING FOR SEVERABILITY;
7 PROVIDING FOR TRANSMITTAL; PROVIDING FOR
8 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
10 WHEREAS, during the 2021 Legislative Session, the State Legislature passed
11 CS/CS/SB 496, which, among other things, created a new requirement, in Section
12 163.3177(6), Florida Statutes (2021) (the "Law"), that each local government include in
13 its comprehensive plan a "property rights element to ensure that private property rights
14 are considered in local decision making;" and
15 WHEREAS, the Law provides that local governments "must adopt a property rights
16 element in its comprehensive plan by the earlier of the date of its adoption of its next
17 proposed plan amendment that is initiated after July 1, 2021, or the date of the next
18 scheduled evaluation and appraisal of its comprehensive plan pursuant to s. 163.3191 ;"
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20 WHEREAS, in compliance with the Law, the Village Council desires to amend the
21 Village Comprehensive Plan to include a property rights element in the form prescribed
22 by the Law; and
23 WHEREAS, the Planning Board, sitting as the Local Planning Agency, reviewed
24 the Ordinance, and voted to recommend July 13, 2022 of the Ordinance; and
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WHEREAS, the Village Council has reviewed the Ordinance at a duly noticed
26 public hearing in accordance with law and determined that it is consistent with the Village
27 Comprehensive Plan; and
28 WHEREAS, the Village Council finds that this Ordinance is necessary and in the
29 best interest of the public health, safety, and welfare of the Village.
30 NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
31 OF MIAMI SHORES VILLAGE, FLORIDA, AS FOLLOWS:1
32 Section 1. Recitals Adopted. That each of the above recitals are true and
33 correct and incorporated herein by this reference.
34 Section 2. Amendment to the Comprehensive Plan. That the Village
35 Comprehensive Plan is hereby amended as provided in Exhibits "A", which is incorporated and
36 made a part hereof by this reference:
37 Section 3. Severability. That the provisions of this Ordinance are declared to
38 be severable and if any section, sentence, clause or phrase of this Ordinance shall for
39 any reason be held to be invalid or unconstitutional, such decision shall not affect the
40 validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but
41 they shall remain in effect, it being the legislative intent that this Ordinance shall stand
42 notwithstanding the invalidity of any part.
1 Coding: Strikethrollgh wor=Els are deletions to the existing words. Underlined words are additions to the existing words.
Changes between first and second reading are indicated with Elowelo s�ril�o,hrowgh and double underline
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Section 4. Conflicts. That all ordinances or parts of ordinances, resolutions or
44 parts of resolutions, in conflict herewith, are repealed to the extent of such conflict.
45 Section 5. Inclusion in the Village Comprehensive Plan. That it is the
46 intention of the Village Council and it is hereby ordained that amendments indicated in
47 Exhibit A this Ordinance shall become and be made a part of the Miami Shores Village
48 Comprehensive Plan.
49 Section 6. Effective Date. That this Ordinance shall be effective immediately
so upon passage by the City Council on second reading, except that the effective date of
s1 this plan amendment, if the amendment is not timely challenged, shall be 31 days after
52 the state land planning agency notifies the local government that the plan amendment
53 package is complete. If the amendment is timely challenged, this amendment shall
54 become effective on the date the state land planning agency or the Administration
ss Commission enters a final order determining this adopted amendment to be in
56 compliance. No development orders, development permits, or development dependent
57 on this amendment may be issued or commence before it has become effective.
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PASSED on first reading on the 19 day of July , 2022. PASSED AND
ADOPTED on second reading on the 17 day of January , 2023.
_Attest:
I V ''l .
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66 Village Clerk
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Weiss, Serota, Helfman, Cole+ Bierman, P.L.
Village Attorney
Ord. No.
Mayor
_2023-01
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FINAL VOTES AT ADOPTION
Council Member Alice Burch
Council Member Timothy Crutchfield
Council Member Wesley Castellanos
Vice Mayor Daniel Marinberg
Mayor Sandra Harris
Yes
Yes
Yes
Absent
Yes
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Ord.No ..
EXHIBIT A
MIAMI SHORES VILLAGE, FLORIDA
2025 COMPREHENSIVE PLAN
Goals, Objectives, Policies
Approved: July 1r5, 2008
Amended: January 6, 2009
Amended: July 6, 2010
Amended: November 2, 2010
Amended: April 17, 2011
Amended: November 6, 2012
Amended: November 19, 2013
Amended: October 2, 2018
Amended: March 5, 2019
Amended: ____ , 2023
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TABLE OF CONTENTS
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124 Chapter 4, PROPERTY RIGHTS ELEMENT ................................................ 51
125 Chapter 4, PROPERTY RIGHTS ELEMENT GOAL .............................. 51
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130 CHAPTER 4. PROPERTY RIGHTS ELEMENT
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132 Goal:
133 Miami Shores Village {the "Village") will make decisions with respect for property rights
134 and with respect for people's rights to participate in decisions that affect their lives and
135 property.
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137 Objective 1:
138 The Village will respect judicially acknowledged and constitutionally protected private
139 property rights.
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141 Policy 1. 1 :
142 The Village will consider in its decision-making the right of a property owner to
143 physically possess and control his or her interests in the property. including easements.
144 leases, or mineral rights.
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146 Policy 1.2:
147 The Village will consider in its decision-making the right of a property owner to use,
148 maintain, develop, and improve his or her property for personal use or for the use of any
149 other person, subject to state law and local ordinances.
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151 Policy 1.3:
152 The Village will consider in its decision-making the right of the property owner to privacy
153 and to exclude others from the property to protect the owner's possessions and
154 property.
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156 Policy 1.4:
157 The Village will consider in its deci sion-making the right of a property owner to dispose
158 of property through sale or gift.
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