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Home My WebLink About2021 08 05 Public Hearing 400 - Review of Ordinance 2021-06 amending the text of the City’s Comprehensive Plan to include a Property Rights Element 9 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,duringthe 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 Springsrecognizes 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 Commissionof the City of Winter Springsheld 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 1of4 : 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 (underlinedtype indicates additions and strikeouttype indicates deletions, while *** indicate deletions from the text of this Ordinancethat 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. Objective1.1: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 gift. City of Winter Springs Ordinance No. 2021-06 Page 2of4 21 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 resolutionsin 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, distinctand 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 (31) 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 hasbecome effective. After and from the effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter SpringsComprehensive Plan and become a part of that plan and the plan amendment shall have the legal status of the City of Winter SpringsComprehensive Plan, as amended. ADOPTEDby the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _____day of ______________,2021. 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 3of4 22 Legal Ad:_______________ First Reading: Second Reading: City of Winter Springs Ordinance No. 2021-06 Page 4of4 23 DJUZ!PG!XJOUFS!TQSJOHT!OPUJDF!PG!QVCMJD!DJUZ!PG!XJOUFS!TQSJOHT!OPUJDF!PG!QVCMJD! IFBSJOH!!OPUJDF!JT!IFSFCZ!HJWFO!UIBIFBSJOH!!OPUJDF!JT!IFSFCZ!HJWFO!UIBU! UIF!QMBOOJOH!BOE!\[POJOH!CPBSE0!MPDBM! QMBOOJOH!BHFODZ!BOE!DJUZ!DPNNJTTJPO!QMBOOJOH!BHFODZ!BOE!DJUZ!DPNNJTTJPO! QSPQPTF!UP!DPOTJEFS;!!PSEJOBODF!OP/!QSPQPTF!UP!DPOTJEFS;!!PSEJOBODF!OP/!QSPQPTF!UP!DPOTJEFS;!!PSEJOBODF!OP/! 3132.173132.17