Item 12 Second Reading of Ordinance for Property Rights Element (HB 59) – Comprehensive Plan Text Amendment to Create New Element ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: February 15, 2022
Item # /07
Reviewed By:
Contact Name: Anoch Whitfield Department Director: ,/f1; / '� _
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 District: City-wide
Background Summary:
The first public hearing/transmittal hearing on this Comprehensive Plan Text Amendment was on Tuesday,
October 5, 2021. The amendment was transmitted to the Florida Department of Economic Opportunity (FDEO)
and other reviewing agencies, pursuant to Section 163.3184(3), F. S., and no comments or objections were
received.
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 Arya 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 Ordinance No. 2021-054 which
amends 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 (Adoption Hearing) For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading ) Public Hearing
Resolution Regular Agenda
X 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. 2021-054
(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.
r 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 , 2022.
ATTEST: APPROVED:
CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2022
READ FIRST TIME ,2022.
READ SECOND TIME AND ADOPTED
,2022.
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of ,2022.
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. 70.00 1(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 ADVERTISEMENT
Date Published and Media Name
•1-- �B.' The West Orange'nines Thursda l�ebruary 3, 2022
Advertisement or Article -•
-
FIRST INSERTIOlIT
CITY OFOCOEE' ; I
NOTICE OP PUBLIC HEARING ;
CCOME.H .PIYEYEPLANTF.RTABIESPMENT:•
TO CREATE NEW PROPERTY1tIGHTS ELEME NTT.-, ;': ', ;
' - CASE NUMBER CPA 2021-004, -
NOTICE IS HEREBY GIVEN,piirsuaut#o Article I,.Sectionsl-Rand L-1O,of then
City of Ocoee Land Development Code,that onTUESDAY,FEBRUARY15,2022,
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 Chambers,150
'North Lakeshore Drive,Ocoee,Florida,for a new Property_Rights Element within
the CitACompiehensive Plan,as required in accordance with.Section 163.3177(6)
(i),Florida Statutes,talensure that private property rights considered in local'"
decision=maldngs - - - . ,..' '. *Considered
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA;AMEND-
ING THE CITY OF OCHE COMPREHENSIVE PLAN AS ADOPTED
:IN 1991,AS AMENDED,TO CREATE A NEW PROPERTY RIGHTS
ELEMENT IN.ORDER TOENACT:NEW GOALS, OBJECTIVES
;AND POLICIES TO COMPLY WITH HOUSE-HILLp9i WHICH WAS
:SIGNED INTO LAW ON.JUKE 29,2021 AND BECAME EFFECTIVE •
ON JULY 1,2021;PROVIDING FOR TRANSMIITAL;AUT HORIZ-
ING THE REVISION OF THE CITY COMPREHENSIVE PLAN;
- "PROVIDING FORSEVERABILITY;PROVIDING-FOR AN EFFEC-
TTVE DATE
Interested parties may.appear at the.public,hearing and be heard with respect to ,
the proposed actions..The complete case file maybe inspected at:the Ocoee Devel •
•opment Services Department,150 North Lakeshore Drive,Ocoee,Florida,between
the hours of 8 0o 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 deems necessary.;Any interested:party shall be advised that the dares,times;
and places of any'eoatini ation of-these oi:contiaued'public.hearings shall he an "
- nounced 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 the proceedings is Made;.`
which i icludes the testimony;and evidence upon which the appeal is based.Persons
with disabilities needing 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.
February 3,2022 22-00306W