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HomeMy WebLinkAbout2021 12 13 Public Hearing 400 - Second Reading/Adoption Ordinance No. 2021-06 Amending Comprehensive Plan to Include Property Rights Element • PUBLIC HEARINGS AGENDA ITEM 400 ,n m=ared CITY COMMISSION AGENDA I DECEMBER 13, 2021 REGULAR MEETING 1959 TITLE Final adoption of Ordinance 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. SUMMARY In accordance with the provisions of SB 59 (Fla. Stat. § 163.3177(6)(i)), passed 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. 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. The proposed Ordinance requires several publicly noticed and advertised public hearings including one (1) hearing before the City's Planning and Zoning Board/Land Planning Agency and two (2) hearings before the City Commission. The City's Land Planning Agency reviewed and unanimously recommended approval the Ordinance at the August 5, 2021 Planning and Zoning/Local Planning Agency meeting. The City Commission reviewed and unanimously approved the First Reading of the Ordinance at the September 13, 2021 City Commission meeting. The proposed Ordinance was advertised in the Orlando Sentinel on July 26, 2021 and on December 7, 2021 . Applicable Law And Public Policy Constitution of the State of Florida Article VIII Section 2(b) Municipalities Florida Statute 163.3194 Legal Status of Comprehensive Plan Florida Statute 163.3201 Relationship of Comprehensive Plan in exercise of Land Development Regulatory Authority Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Chapter 15. Winter Springs Comprehensive Plan 510 Fiscal Impact The amendment is not expected to have any fiscal impact. Proposed Timeline 1 . July 26, 2021 Advertisement runs in Orlando Sentinel (10 days prior to LPA) 2. August 5, 2021 Local Planning Agency/Planning & Zoning Board 3. September 13, 2021 City Commission - 1 st Reading/Transmittal 4. December 7, 2021 Advertisement runs in Orlando Sentinel (5 days prior to City Commission) 5. December 13, 2021 City Commission - 2nd Reading/Adoption 6. December 27, 2021 Adopted Plan Amendment Submittal to State (within 10 days after 2nd Reading/Adoption of City Commission) 7. January 5, 2022 Department of Economic Opportunity (determine completeness of the adopted plan amendment package and notify the local government within five (5) working days after receipt) 8. February 4, 2022 Department of Economic Opportunity (30 day compliancy review) 9. February 7, 2022 Effective Date (no petitions filed) RECOMMENDATION Staff recommends the City Commission hold a Public Hearing and Approve the Second Reading/Adoption of Ordinance 2021-06 amending the Comprehensive Plan to create a Property Rights Element in accordance with Chapter 2021-195, Laws of Florida, and authorize transmittal to the Department of Economic Opportunity and other reviewing agencies as required by law. 511 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 4 512 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 stf ikeet 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 requiring governmental entities to respect judicially acknowledged and constitutionally protected private property rights, the following rights shall be considered in local decisionmaking 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 property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property 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 through sale or Oft City of Winter Springs Ordinance No.2021-06 Page 2 of 4 513 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. 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 7. 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 8. 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 day of 72021. Kevin McCann,Mayor ATTEST: Christian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No.2021-06 Page 3 of 4 514 Legal Ad: First Reading: Second Reading: City of Winter Springs Ordinance No.2021-06 Page 4 of 4 515 Ron DeSantis -z $ Dane Eagle _ .k g GOVERNOR SECRETARY FLORIDA DEPARTMENTof ECONOMIC OPPORTUNITY October 22, 2021 The Honorable Kevin McCann Mayor, City of Winter Springs City Hall 1126 East State Road 434 Winter Springs, Florida 32708 Dear Mayor McCann: The Department of Economic Opportunity("Department") has reviewed the proposed comprehensive plan amendment for the City of Winter Springs(Amendment No. 21-01ESR) received on September 23, 2021.The review was completed under the expedited state review process. We have no comment on the proposed amendment. The City should act by choosing to adopt,adopt with changes, or not adopt the proposed amendment. For your assistance,we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. In addition,the City is reminded that: • Section 163.3184(3)(b), F.S., authorizes other reviewing agencies to provide comments directly to the City. If the City receives reviewing agency comments and they are not resolved,these comments could form the basis for a challenge to the amendment after adoption. • The second public hearing,which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of agency comments or the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(3)(c)1., F.S. • The adopted amendment must be rendered to the Department. Under Section 163.3184(3)(c)2. and 4., F.S., the amendment effective date is 31 days after the Department notifies the City that the amendment package is complete or, if challenged, until it is found to be in compliance by the Department or the Administration Commission. Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 1 www.FloridaJobs.o,, www.twitter.com/FLDEO lwww.facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. 516 The Honorable Kevin McCann October 22, 2021 Page 2 of 2 If you have any questions concerning this review, please contact Matthew Preston, Planning Analyst, by telephone at(850)717-8490 or by email at matt.preston@deo.myfforida.com. Sinc ely, 4 ames D.Stansbury,Chief Bureau of Community Planning and Growth J DS/m p Enclosure(s): Procedures for Adoption cc: Christopher Schmidt,CPM, Economic and Community Development Director,City of Winter Springs Hugh Harling,Jr., Executive Director, East Central Florida Regional Planning Council 517 1 . 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