The URL can be used to link to this page

Home My WebLink AboutOrdinance 2021-06 Property Rights Element ORDINANCE NO. 2021-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE TEXT OF THE CITY'S COMPREHENSIVE PLAN TO INCLUDE A PROPERTY RIGHTS ELEMENT AS REQUIRED BY LAW; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE COMPREHENSIVE PLAN, SEVERABILITY AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. WHEREAS, section 163.3161 et. seq., Florida Statutes, established the Community Planning Act, which was formerly known as the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Community Planning Act requires each municipality in the State of Florida to prepare, adopt, and update a Comprehensive Plan; and WHEREAS, during the 2021 Legislative Session, the Florida Legislature adopted, and Governor DeSantis signed into law, Chapter 2021-195, Laws of Florida requiring local governments to amend their comprehensive plans to include a property rights element; and WHEREAS, the City of Winter Springs recognizes the importance of property rights and desires to expeditiously comply with the new law by adding a property rights element to its Comprehensive Plan; and WHEREAS, in accordance with the provisions of the Community Planning Act, the City's Land Planning Agency has reviewed and made a recommendation regarding this Ordinance at a duly held public meeting as required by law; and WHEREAS, the City Commission of the City of Winter Springs held two duly noticed public hearings on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY,FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. City of Winter Springs Ordinance No.2021-06 Page 1 of 4 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, sections 163.3161 et. seq., Florida Statutes, and Chapter 2021-195, Laws of Florida. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to adopt a comprehensive plan amendment incorporating the revisions stated herein as part of the City of Winter Springs Comprehensive Plan. Section 4. Addition of Property Rights Element. The City of Winter Springs Comprehensive Plan is hereby amended as set forth below (underlined type indicates additions and sheet type indicates deletions, while *** indicate deletions from the text of this Ordinance that shall remain unchanged in the City's Comprehensive Plan): City of Winter Springs Comprehensive Plan CHAPTER X PROPERTY RIGHTS ELEMENT A. GOALS OBJECTIVES and POLICIES GOAL 1: The City will respect judicially acknowledged and constitutionally protected private property rights. Objective 1.1: The City will consider when appropriate and applicable Judicially acknowledged and constitutionally protected private property rights when making decisions., Policy 1.1.1: In accordance with Florida law rgguiring governmental entities to res)ect judicially acknowledged and constitutionally protected private property rights, the following,ri ,hts shall be considered in local decisionmakin : 1. The right of a property owner to physically possess and control his or her interests in the property, including easements leases or mineral rights. 2. The right of a_property owner to use, maintain, develop, and improve his or her propertypersonal use or for the use of any other person, subject to state law and local ordinances. 3. The riaht of the propertk owner to privacy and to exclude others from the property to protect the owner's possessions and property. 4. The right of a property owner to dispose of his or her property throut,!E sale or City of Winter Springs Ordinance No.2021-06 Page 2 of 4 Section 5. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. The effective date of the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (3 1) days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to section 163.3184(3)(c)(4.), Florida Statutes. If the plan amendment is timely challenged, the plan amendment shall not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance. No development orders, development permits, or land use dependent on this plan amendment may be issued before it has become effective. After and from the effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the plan amendment shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 13th day of December, 2021. _ A/ Kevin McCain, Mayor ATTEST- Christian Gowan, City Clerk 1�.A4 APPROVED AS TO LEGAL FORM AND SU CIENCY FOR THE CITY OF TE SPRINGS ONLY: �iy� ,�h n TyAl- rganese, City Attorney City of Winter Springs Ordinance No.2021-06 Page 3 of 4 Legal Ad: December 7, 2021 First Reading: September 13, 2021 Second Reading: December 13, 2021 City of Winter Springs Ordinance No.2021-06 Page 4 of 4 Orlando Sentinel „ ,........... �,, ��o mnioorrrrrrrrmnlll�lo///O�ll/lam Published Daily ORANGE County,Florida Sold To: City Of Winter Springs-CU00116922 1126 E State Road 434 Winter Springs,FL 32708-2715 Bill To: City Of Winter Springs-CU00116922 1126 E State Road 434 Winter Springs,FL 32708-2715 State Of Illinois County Of Cook Before the undersigned authority personally appeared Jeremy Gates,who on oath says that he or she is an Advertising Representative of the ORLANDO SENTINEL,a DAILY newspaper published at the ORLANDO SENTINEL in ORANGE County,Florida; that the attached copy of advertisement, being a Legal Notice in the matter of 11150- Public Hearing Notice,NOTICE OF PUBLIC HEARING was published in said newspaper in the issues of Jul 26,2021. Affiant further says that the said ORLANDO SENTINEL is a newspaper Published in said ORANGE County,Florida,and that the said newspaper has heretofore been continuously published in said ORANGE County,Florida, each day and has been entered as periodicals matter at the post office in ORANGE County Jeremy Gates Signature of Affiant Name of Affiant Sworn to and subscribed before me on this 27 day of July, 2021, by above Affiant,who is personally known to me(X)or who has produced identification O. Signature of Notary Public END A4s1 K0,11, SA 01t r;IQ1AL S E,At. U0 Par t/'P4ubi $talgAv;tNtllj9'rj4:s 2024 Name of Notary,Typed,Printed,or Stamped 7001286 Orlando Sentinel „=,........... �,, ��o mnioorrrrrrrrmnlll�lo///O�ll/lam CITY OF WINTER SPRINGS NOTICE OF PUBLIC HE' RING NOTICE IS HEREBY GIVEN THAT THE PLA,NNINC,A�N6 MINING BOARDILOCAL. PLANNING AGENCYAINLM CITY CrHMMISSION PROPOSE TO CEMN ILMER:, ORDINANCE NO., 2021-I1 AN ORDINANCE OF THE CITE' COMMISSION O F THE CITY OF WI SPR I N GS, FLORIDA,. AMENbINO THE TEXT OF THE CITY'S COMPREHENSIVE PLAN TO INCLUDE A PROPERTY RIGHTS ELEMENT AS REQUIREE) BY LAW,, PROVIDING FOR. THE REPEAL OF PRIOR INCONSISTENT ORDINANCES ,SNE) RESOLUTIONS, INCORPORATION INTO THE COMPREHENSwIVE PLAN, SEVERABILITY AN 1) N EFFEOTI VE DATE ANO LEGAL STATUS OF THE PLAN AMENDMENT, PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY PUBLIC HEARING "ILL BE HELE) ON THURSDAY, AUGUST 5, 2020 ,AT 5A0 F u ,, OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITE" HALL, 1126 EAST STATE ROAD 434,W]NTER SPRI'NGS, - FLORIDA, CITY COMAftiiISSION TRANSMITTAL/ FIRST READING PUBLIC HEARING WILL BL HELD ON MbINDAY, SEPTEMBER 13, 2021 ,AT &30 P,N'i, OR SOON THEREAFTER IN THE COMMISSION CHEERS LOCATED AT WINTER SPRINGS CITY HALL, 1126 EAST STATE ROAD d34,, INTER SPRINGS, FLORIDA, The priaposecl ordinance may be Inspected by Int rest cl p artles between 8 ca.rn. and 5 p,rrr,,, Monday thr r.rrrla Friday, at the Crty'sa Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida, For more information call (407) 327-1800,, Extension 253 Interested partlesa may appear cNt the meeting and be heard with respect ti.r the pri pos,,d ordinance, Persons with disabillfies neecling cssi'stcance to participate in any of thes,�-, proce dfrigs shaiai,rlct contact the Emplovee Relatl ns Department Coordinator, 40 hours In advance of the meetlrrg cit (407) 327-1800, Exten5fon 236,, This fs a public hearing, If yrar,a decide to appeal any recon^Nmencicatloni decislian nxide by the City Conirnfs-,sfon with rewect to any matter considered at this meeting, you will need a record f the proceedings, and for such prer"prase�S,, YOU niay need to ensure that a a,erlacatlrn record of the proceedlngs is made r.NP011 which the appeal Is based, 0S70012M MOOT 7001286 Orlando Sentinel ........... ��o mnioorrrrrrrr�mnl�ll�lo///O�ll/lam Orlando Sentinel „ ,........... �,, ��o mnioorrrrrrrr�mnl�ll�lo///O�ll/lam Published Daily ORANGE County,Florida Sold To: City Of Winter Springs-CU00116922 1126 E State Road 434 Winter Springs,FL 32708-2715 Bill To: City Of Winter Springs-CU00116922 1126 E State Road 434 Winter Springs,FL 32708-2715 State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams,who on oath says that he or she is an Advertising Representative of the ORLANDO SENTINEL,a DAILY newspaper published at the ORLANDO SENTINEL in ORANGE County,Florida;that the attached copy of advertisement,being a Legal Notice in the matter of 11200-Mise.Legal was published in said newspaper in the issues of Dec 07,2021. Affiant further says that the said ORLANDO SENTINEL is a newspaper Published in said ORANGE County,Florida,and that the said newspaper has heretofore been continuously published in said ORANGE County, Florida,each day and has been entered as periodicals matter at the post office in ORANGE County,Florida,in said ORANGE County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that he or she has neither paid nor promised any person,firm or corporation any discount,rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. , , . Rose Williams Signature of Affiant Name of Affiant Sworn to and subscribed before me on this 8 day of December, 2021, by above Affiant,who is personally known to me(X)or who has produced identification O. 0�a Signature of Notary Public a * L �EA;w 'PPM N tom,iM4 u Name of Notary,Typed,Printed,or Stamped 7096703 Orlando Sentinel „=,........... �,, ��o mnioorrrrrrrrmnlll�lo///O�ll/lam CITY OF WINTER SPRINGS N01nCE OF PUBLIC HEARING INOTICEIS HEREEKY GIVEN THAT THE CITY COMMISSION PROPOSE TO CHH IDER� ORDINANCE NO., 1- AN ORDINANCE OF THE CITE' COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE TEXT OF THE CITY'S COMPREHENSIVE PLAN' TO INCLUDE A PROPERTY RIGHTS ELEMENT AS, REQUIREC) BY LAW,, PROVIDING FOR:. THE REPEAL OF PRIOR INCONSISTENT ORDINANCES ANC') RESOLUTIONS, INCORPORATION' INTO THE COMPREHENSIVE PLANv SE'w7ERABILITT ,SNL) AN EFFECTIVE [')ATE ,SNC.) LEGAL STATUS, OF THE PLAN' AMENDMENT, CITY CO,M1PAPiISS,ION SECOND R".EAE)ING/ADOPTION PUBLIC HEARING WILL BE HELD ON MONDAY, DECEMBER 13, 2021 AT 6A0 P,, OR SOON THEREAFTER N THE. C OI�'�,9"�"I SwSro I O N C H A T B E RS� , LOCATED AT WINTER" SPRINGS CITE" HALL, 1126 EAST STATE ROAD 4334„WINTER SPRINGSo FLORIDA, The proposed ordinance may be irispected by interested parties betlAreen k cl,rn,. and 5 p,m,,, Monday through Friday, at the City'sa Clerk's Office, located at 1126 East State Road 436„ Winter, Springs, Florida,, For more Information call (407) 327-1800,, Extension 253 Interested parties rncry appear at the meeting and be heard with respect to the proposed ordinance, Persons with disabilities needing assistance to participate in any of then& proceedings Shoerld contact the Employee Relations Department Cocirelinator„ 48 hours in advance of the meeting at (407) .327-1800, EKtensfon 236, This fs a public hearing, If YOU decide to appeal any recommendation decision nide by the City' Con,m)fssion with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, YoU may need to ensure that a +,rerbatini record of the proceedings Is made L113011 which the appeal Is based, 12M,7/2021 7096703 7096703 Orlando Sentinel ........... ��o mnioorrrrrrrr�mnl�ll�lo///O�ll/lam