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ORDINANCE NO. 2022 <br />AN ORDINANCE ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES <br />BEACH, FLORIDA, AMENDING THE ADOPTED CITY OF SUNNY ISLES BEACH <br />COMPREHENSIVE PLAN TO CREATE A PROPERTY RIGHTS ELEMENT IN <br />COMPLIANCE WITH F.S. 163.3177(6)(1); PROVIDING FOR TRANSMITTAL TO THE <br />STATE LAND PLANNING AGENCY; AUTHORIZING THE CITY MANAGER TO DO ALL <br />THINGS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS <br />ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, F.S. 163.3177(6)(i) requires that each local government adopt a property rights <br />element as part of its comprehensive plan; and <br />WHEREAS, the City Commission respects judicially acknowledged and constitutionally <br />protected private property rights and wishes to require consideration of such rights in the <br />comprehensive plan; and <br />WHEREAS, the City Commission, sitting as the Local planning Agency, held a duly noticed <br />public hearing on June 16, 2022, and recommended adoption of this Ordinance. <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and <br />confirmed as being true and correct and are hereby made a specific part by this Ordinance upon <br />adoption hereof. <br />Section 2. Amendment. The City's adopted comprehensive plan is hereby amended to create <br />a property rights element to read as follows, as may be reformatted consistent with the style used <br />in the comprehensive plan: <br />Property Rights Element <br />Property Rights Goal <br />THE CITY WILL RESPECT JUDICIALLY ACKNOWLEDGED AND CONSTITUTIONALLY <br />PROTECTED PRIVATE PROPERTY RIGHTS. <br />Objective 1 <br />The City will consider judicially acknowledged and constitutionally protected <br />private property rights in its decision-making. <br />Policy <br />1A. The City will consider in its decision-making the right of a property owner to <br />physically possess and control their interests in the property, including <br />easements, leases or mineral rights. <br />Page 1 of 3 104 <br />