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HomeMy WebLinkAboutItem 11 First Reading of Ordinance for Property Rights Element (HB 59) – Comprehensive Plan Text Amendment to Create New Element; Project No. CPA-2021-004 ocoe.e florida AGENDA ITEM COVER SHEET Meeting Date: October 5, 2021 Item # / 1 Reviewed By: Contact Name: Anoch Whitfield Department Director: Contact Number: Ext. 1016 City Manager: Subject: Property Rights Element (HB 59) Comprehensive Plan Text Amendment to Create New Element Project No(s): CPA-2021-004 Commission Pistrict: City-wide Background Summary: House Bill 59 was signed into law on June 29, 2021 and became effective as of July 1, 2021. HB 59 has been codified into Chapter 2021-195 of the Laws of Florida and amended Section 163.3177(6), Florida Statutes(F.S.), to add a new subsection (i)to require a new property rights element within the comprehensive plan. Specifically, Section 163.3177(6)(i), F.S., was added to require that"in accordance with the legislative intent expressed in ss. 163.3161(10) and 187.101(3) that local government entities respect judicially acknowledged and constitutionally protected private property rights, each local government shall include in its comprehensive plan a property rights element to ensure that private property rights are considered in local decision-making." Section 163.3177(6)(i)1, F.S., further states that local governments may adopt its own property rights element or use the statement of rights provided in statutes; however, should the local government adopt its own element, such element may not conflict with the statement of rights provided in Section 163.3177(6)(i)1, F.S. Therefore, and per additional guidance provided by the Florida Department of Economic Opportunity (FDEO), staff has prepared the proposed Ordinance utilizing the statement of rights directly from Section 163.3177(6)(i), F.S., and purpose and intent language from Section 163.3161(10), F.S. In terms of timing, Section 163.3177(6)(i)2, F.S., requires that each local government adopt a property rights element in its comprehensive plan by the earlier of the date of its adoption of its next proposed plan amendment that is initiated after July 1, 2021, or the date of the next scheduled evaluation and appraisal of its comprehensive plan. Since the City is currently in the process of reviewing and considering two (2) applications for a small-scale comprehensive plan amendments (CPA) (CPA-2021-003 for Ara Medical Offices and CPA-2021-005 for Aplausos LLC), staff recommends that the City proceed with adoption of the Proposed Ordinance to be compliant with the new requirements of HB 59. Additionally, this is a text amendment that is applicable city-wide. Thus, no maps are included in the staff report. Issue: Should the City Commission approve the adoption of a new Property Rights Element within the City's Comprehensive Plan, in accordance with Section 163.3177(6)(i), Florida Statutes, to ensure that private property rights are considered in local decision-making? Planning and Zoning Commission Recommendation: The Planning and Zoning Commission (P&Z) reviewed House Bill 59 and the proposed Property Rights Element ordinance on September 14, 2021. The Planning and Zoning Commission, acting as the Local Planning Agency, voted unanimously to recommend approval of the proposed ordinance which would amend the Comprehensive Plan to create a new Property Rights Element. Staff Recommendation: Staff recommends that the Honorable Mayor and City Commission approve the proposed ordinance which would amend the Comprehensive Plan to create a new Property Rights Element and, in accordance with Section 163.3184(3), Florida Statutes, transmit such ordinance to the Florida Department of Economic Opportunity in order to comply with HB 59. Attachments: Property Rights Element Ordinance Financial Impact: None Type of Item: (please mark with an "x") X Public Hearing(Transmittal Hearing) For Clerk's Dept Use: Ordinance First Reading X. Consent Agenda Ordinance Second Reading Public Hearing Resolution RegularAgenda Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A ORDINANCE NO. 2021- (House Bill 59 Property Rights Element Legislation) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED,TO CREATE A NEW PROPERTY RIGHTS ELEMENT IN ORDER TO ENACT NEW GOALS, OBJECTIVES AND POLICIES TO COMPLY WITH HOUSE BILL 59,WHICH WAS SIGNED INTO LAW ON JUNE 29, 2021 AND BECAME EFFECTIVE ON JULY 1, 2021; PROVIDING FOR TRANSMITTAL; AUTHORIZING THE REVISION OF THE CITY COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee (City) has adopted the City's Comprehensive Plan pursuant to Chapter 163,Part II, Florida Statutes,the Growth Policy Act(the "Act"); and WHEREAS,Part II, Chapter 163,Florida Statutes, sets forth procedures and requirements for a local government to adopt a comprehensive plan and amendments to the comprehensive plan; and WHEREAS, House Bill 59 (codified in Chapter 2021-195, Laws of Florida), which became effective on July 1, 20201, directs each local government to include in its comprehensive plan a property rights element and requires such element to ensure that private property rights are considered in local decision-making; and WHEREAS, pursuant to Section 163.3174(4)(a), Florida Statutes, the City's Local Planning Agency(LPA) conducted a public hearing on Tuesday, September 14, 2021, to consider the proposed text amendment to the comprehensive plan; and WHEREAS,pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, October 19, 2021, the City Commission conducted a public hearing to consider the transmittal of the text amendment to the City's Comprehensive Plan and, after consideration of public comments, authorized its transmittal pursuant to Section 163.3184(3), Florida Statutes. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. SECTION 2. AUTHORITY. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166,Florida Statutes. SECTION 3. AMENDMENT TO COMPREHENSIVE PLAN. The City Commission hereby creates and adopts a new Property Rights Element and its implementing goals, objectives and policies, as described in Exhibit "A", into the Ocoee Comprehensive Plan. SECTION 4. TRANSMITTAL. The City Clerk is hereby authorized to transmit the required copies of the amendments to the City's Comprehensive Plan to the parties as required pursuant to Section 163.3184(3)(b), Florida Statutes. Following transmittal,the ordinance will be considered for final adoption. Following final adoption, the City Development Services Director is authorized to revise the City of Ocoee Comprehensive Plan in accordance with the provisions of this Ordinance. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective following adoption and in accordance with the provisions stated in Section 163.3184(3)(c), Florida Statutes. PASSED AND ADOPTED this day of , 2021. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED ,2021 READ FIRST TIME ,2021. READ SECOND TIME AND ADOPTED ,2021. UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,2021. SHUFFIELD LOWMAN& WILSON,P.A. By: City Attorney EXHIBIT "A" CITY OF OCOEE COMPREHENSIVE PLAN PROPERTY RIGHTS ELEMENT I. GOALS, OBJECTIVES AND POLICIES GOAL TO PROVIDE FOR THE EQUITABLE CONSIDERATION OF PRIVATE PROPERTY RIGHTS FOR OWNERS OF PROPERTY LOCATED WITHIN THE MUNICIPAL LIMITS OF THE CITY OF OCOEE IN THE CITY'S LOCAL DECISION-MAKING PROCESS IN A MANNER WHICH ENSURES THE PROMOTION, PROTECTION AND IMPROVEMENT OF THE PUBLIC HEALTH, SAFETY, GENERAL WELFARE AND AESTHETICS OF THE CITY. Objective 1 In accordance with the legislative intent expressed in Section 163.3161(10), Florida Statutes, that all governmental entities in the State of Florida recognize and respect judicially acknowledged and constitutionally protected private property rights and the City's obligation to protect the general health and welfare of the residents of the City of Ocoee, the City shall consider the rights of property owners in its local decision-making process. Policy 1.1 The City shall consider the right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. Policy 1.2 The City shall consider 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. Policy 1.3 The City shall consider the right of a property owner to privacy and to exclude others from the property to protect the owner's possessions and property. Policy 1.4 The City shall consider the right of a property owner to dispose of his or her property through sale or gift. Policy 1.5 The City shall update the intent language of the Private Property Regulations Code in Section 6-14.0 within Article VI of the Land development Code to include language which recognizes and considers private property rights in accordance with the City's goal and objective to ensure that regulations do not create an inordinante burden on property owners and to ensure that property owners are free from actions by others which would harm their property or which would constitute an inordinate burden on property rights as those terms are defined in Section 70.001(3)(e) and (f), Florida Statutes. Policy 1.6 The City shall amend Article II of its Land Development Code to add the following definition of terms and renumber the Article as appropriate. Inordinate Burden and Inordinately Burdened (s. 70.001(3)(e), F.S.): 1. Mean that an action of one or more governmental entities has directly restricted or limited the use of real property such that the property owner is permanently unable to attain the reasonable, investment-backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public,which in fairness should be borne by the public at large. 2. Do not include temporary impacts to real property., impacts to real property occasioned by governmental abatement, prohibition, prevention, or remediation of a public nuisance at common law or a noxious use of private property; or impacts to real property caused by an action of a governmental entity taken to grant relief to a property owner under this section. However, a temporary impact on development, as defined in s. 380.04, that is in effect for longer than 1 year may, depending upon the circumstances, constitute an "inordinate burden"as provided in this paragraph. In determining whether reasonable, investment-backed expectations are inordinately burdened, consideration may be given to the factual circumstances leading to the time elapsed between enactment of the law or regulation and its first application to the subject property. Property Owner (s. 70.001(3)(f), F.S.): The person who holds legal title to the real property that is the subject of and directly impacted by the action of a governmental entity. The term does not include a governmental entity. COPY OF ADVE 1':TISEIVIENT Date Published and Media Name [ 2B - The West OraneeTimes Thursday:September 23, 2021 Advertisement or Article • • FIRST INSERTION ' CTIY OF OCOEE NOTICE OFPU HE BLICARING COMPREHENSIVE PLAN'1•. T ,AMENDMENT' .... . TO CREATE NEW PROPERTY RIGHTS ELEMENT • CASE NUMBER:CPA-2021-004 ' . NOTICE IS HEREBY GIVEN;pnisusi t to Article I,Sections 1-8 and 1-10,of the- City of Ocoee Land Development Code,that on TUESDAY,OCTOBER 5,2021, AT 6:15 P.M.or as soon thereafter as practical,the OCOEE CITY COMMISSION will hold a PUBLIC HEARING"at the City of Ocoee Commission Chambexs,150 North Lakeshore Drive,Ocoee;Florida,for a new Property Rights Element within the City's Comprehensive Plan,as required in accordance with Section 163.3177(6) (i),Florida Statutes,to enure that private property rights are considered in local decision-making. Interested parties may appear at the public hearing and be beard with respect to •the proposed actions. The complete case file,inclivin:g a complete legal desaip- tim by metes and bounds,may be inspected at the Ocoee Development Services Department,.150 North•Lakeshore Drive,-Ocoee,Florida,between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.The City Commission may continue the public hearing to other dates and times,as it dooms necessary.Any interested party,shall be advised that the dates,times,and places of any continuation of these or continued public hearings shall be announced during ' the hearings and that'no further notices regarding these matters will be published You are advised that any person,who desires to appeal any decision made during the public hearings will need a record of the proceedings and;for this purpose,may • need to ensure that a verbatim record of theproceedings is made,which includes the testimony and evidence upon which the appeal is based. Persons with disabilities ' nesr ing assistance to participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407)905-3105 September 23,2021 21-03540W .