| | | | | | | |  | Committee Assignments - C4 O
COMMISSION MEMORANDUM |
| | | |
| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | July 28, 2021 | | | |
| | SUBJECT: | REFERRAL TO THE PLANNING BOARD - AN AMENDMENT TO THE 2040 COMPREHENSIVE PLAN TO INCLUDE THE CITY'S UPDATED WATER SUPPLY PLAN (WSP) AND A PROPERTY RIGHTS ELEMENT. |
| | | |
| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission refer the proposed Comprehensive Plan Amendments to the Planning Board. |
| | | |
| | | | | | | | ANALYSIS
| Pursuant to Florida Statue Chapter 163, the Public Works Department has updated the City’s 10-year Water Supply Facilities Work Plan (WSP). Pursuant to the requirements of Chapter 163, the City is required to amend the 2040 Comprehensive Plan to include this update to the WSP.
Planning and Public Works staff will draft the Comprehensive Plan Amendment for review by the Planning Board in September. The Public Works Department has already obtained cursory reviews from the South Florida Water Management District and Miami-Dade County and those comments have been addressed in the latest draft of the WSP.
Additionally, the City has been advised by the Florida Department of Economic Opportunity (DEO) that the statutory provisions in Chapter 163, related to comprehensive plans, were recently amended to require each local government in the State to adopt a ‘property rights element’ into their comprehensive plan. Specifically, under House Bill 59, which was signed into law on June 29, 2021 and became effective on July 1, 2021, local governments must adopt a property rights element into their comprehensive plan. This new element must be adopted by the earlier of the date of adoption of the next proposed comprehensive plan amendment, or the date of the next scheduled evaluation and appraisal (EAR) of its comprehensive plan. This property rights element is intended to protect private property rights and to ensure they are considered in local decision-making.
Since the City adopted its most recent EAR in 2018, any amendment to the comprehensive plan adopted after July 1, 2021 must include a property rights element. The failure to include a property rights element will result in any future amendments being returned to the City until the required element is included. As such, Planning and the City Attorneys office will draft this new element and include it in the Comprehensive Plan Amendment for review by the Planning Board in September.
|
| | | |
| | | | | | | | SUPPORTING SURVEY DATA
| | Increase City's Resiliency and Sustainability Efforts |
| | | |
| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission refer the proposed Comprehensive Plan Amendments to the Planning Board. |
| | | |
| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | No | | No | |
| | | |
| | | | | | | | Legislative Tracking
Planning |
| | | |
|