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Home My WebLink AboutO-21-18 Private Property RightsORDINANCE NO.0-21-I8 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY OF SEBASTIAN COMPREHENSIVE PLAN PURSUANT TO SECTION 1633184 (3), FLORIDA STATUTE; PROVIDING FOR ADOPTION OF THE CITY OF SEBASTIAN COMPREHENSIVE PLAN 2040 PRIVATE PROPERTY RIGHTS ELEMENT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR TRANSMITTAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, Section 163.3167, Florida Statutes, requires the City of Sebastian to maintain a comprehensive plan to guide its future development and growth; and WHEREAS, The City of Sebastian, Florida, has adopted a comprehensive plan known as. the City of Sebastian Comprehensive Plan 2040 adopted by Ordinance 0-98-01 and Ordinance 0-08-10, and 0-21-01 as subsequently amended; and WHEREAS, Section 163.3177(6)(i)l, Florida Statute, requires the City of Sebastian's comprehensive plan to include a property rights element to ensure that private property rights are considered in local decision making; and WHEREAS, the City of Sebastian respects judicially acknowledged and constitutionally protected private property rights; and WHEREAS, this ordinance will amend the 2040 Comprehensive Plan by adding Element 10, Private Property Rights; and WHEREAS, Section 163.3184 (2), Florida Statute, require for plan amendments that the City of Sebastian follow the expedited state review process in subsection (3); and WHEREAS, the City Council has provided notice of the proposed Comprehensive Plan 2040 Amendment and has conducted the required public hearings to receive citizen input; and, WHEREAS, the Planning and Zoning Commission of the City of Sebastian, acting as the Local Planning Agency, held a public hearing at its duly noticed November 4, 2021 public meeting to consider the proposed Comprehensive Plan amendment and recommended that City Council adopt the same; and, WHEREAS, the City Council held a public hearing on December 15, 2021 to consider the proposed Comprehensive Plan amendment, advertising of the public hearing having been made; and, WHEREAS, the City Council has reviewed and considered all relevant evidence, information and testimony, as well as the recommendations of the Planning and Zoning Board, witnesses, the public, and City staff and has determined that the proposed amendment is in compliance with Chapters 163.3184 and 166.041, Florida Statutes; and, WHEREAS, the adoption of the City's Comprehensive Plan furthers the health, safely and welfare of its citizens, local businesses and visitors of the City; and, WHEREAS, all the necessary hearings and public notices, in conformity with the procedural and substantive requirements of Florida Statutes and the Comprehensive Plan have been complied with. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Ratification of Recitals. The City Council of the City of Sebastian, Florida, hereby adopts and ratifies those matters as set forth in the foregoing recitals. Section 2. Comorehensive plan amendment. The amendment to the City of Sebastian Comprehensive Plan 2040 is hereby adopted amending the Goals, Objectives & Policies for the following elements: Private Property Rights, as set forth in the attached Exhibit "A". A certified copy of the Sebastian Comprehensive Plan 2040 shall be located in the City Clerk's office. Section 3. Transmittal. The City of Sebastian shall transmit within ten (10) working days, the amendment or amendments and appropriate supporting data and analyses to the reviewing agencies in accordance with 163.3184(3)(b)1, Florida Statute, and as specified in the State Land Planning Agency's procedural rates. Also, the City of Sebastian shall transmit a copy of the amendments and supporting data and analyses to any other local government or governmental agency that has filed a written request with the City of Sebastian. Section 4. Severability. The provisions of this Ordinance are intended to be severable. If any provision of this Ordinance is determined to void or declared illegal, invalid, or unconstitutional by a court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect. Section 5. Reneal of Laws in Conflict. If any ordinances, or parts of ordinances, or if any sections, or parts of sections, of the Ordinances of the City of Sebastian, Florida, are in conflict herewith, this Ordinance shall control to the extent of the conflicting provisions. Section 6. Scrivener's Errors. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors, which do not affect the intent, may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be thirty-one (31) days after the state land planning agency notifies the City of Sebastian that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance in accordance with 166.3184 (3) (c) (4), Florida Statute. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 15" day of December, 2021 by Councilmember Dodd The motion was seconded by Councilmember JONES and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Ave Vice Mayor Fred Jones Aye Councilmember Ed Dodd Ave Councilmember Christopher Nunn Ave Councilmember Bob McPardan Aye ATTEST: nene Williams, MMC ty Clerk ADOPTION The foregoing Ordinance was moved for adoption by Council Member MOPartlan . The motion was seconded by Council Member `Tor' and, upon being put to a vote, the vote was as follows: Mayor Jim Hill aye Vice Mayor Fred Jones aye Council Member Ed Dodd aye Council Member Christopher Nunn aye Council Member Bob McPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted this 9th day of February ,2022. ATTEST: mZeW�Cc. &m)mc A 111 Q anette Williams, MMC City Clerk CITY OF SEBAS , FLORIDA By: un 1, Mayor Approved as to form and legality for Reliaby the City a asti nly: .M ,nce tt6ey This ordinance is effective the day of , 2022, concurrent with the issuance of the Notice of Intent fording the amendment in compliance by the Florida Department of Economic Opportunities. EXHIBIT A PRIVATE PROPERTY RIGHTS ELEMENT Goal 10-1: Private Property Rights. The City of Sebastian shall consider, amongst other factors required by the Comprehensive Plan, Land Development Regulations, or Code of Ordinances, judicially acknowledged and constitutionally protected private property rights in local decision making. Objective 10-1.1: Establish Private Property Rights. The City of Sebastian respects judicially acknowledged and constitutionally protected private property rights and will ensure that private property rights are considered in local decision making amongst other factors required by the Comprehensive Plan, Land Development Regulations, or Code of Ordinances. Policy 10-1.1.1: Physical Possession and Control. The City will consider in its decision -making 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 10-1.1.2: Personal Use of Property. The City will consider in its decision -making 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 10-1.1.3: Privacy and Possession. The City will consider in its decision -making the right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. Policy 10-1.1.4: Personal Use of Property. The City will consider in its decision -making the right of a property owner to dispose of his or her property through sale or gift. nna SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: February 9, 2022 Agenda Item Title: Second Reading for Ordinance 0-21-18 and adoption of the Comprehensive Plan 2040 — Private Property Rights Element Recommendation: Approval of Ordinance 0-21-18 providing for the adoption of the City of Sebastian Comprehensive Plan 2040 — Private Property Rights Element Backaround: On December 15ih 2021, Council held the First Reading of Ordinance 0-21.18. The City of Sebastian, Florida, has amended the Comprehensive Plan 2040 to include the statutorily required Private Property Rights Element in accordance with Chapter 163.3184(3) and has conducted the required public hearings to receive citizen input. Statutory provisions in Chapter 163, Florida Statutes related to comprehensive plans were amended June 29, 2021 to require each local government to adopt a private property rights element into their comprehensive plan. Inclusion of the property rights element is intended to protect private property rights and to ensure they are considered in local decision -making. Exhibit A provides Element 10, Private Property Rights for consideration and recommendation to the City Council. Following first reading, the proposed Comprehensive Plan amendment was transmitted to the Florida Department of Economic Opportunity (DEO) on December 16, 2021. The DEO reviewed the proposed amendment and have rendered no comment. The City received three (3) stakeholder responses with no comments or no adverse impacts. Should City Council adopt the Element, the City of Sebastian shall transmit within ten (10) working days, the adopted amendment to the DEC, which will become effective 31 days after the Department notifies the City that the amendment package is complete or, if challenged, until it's found to be in compliance. If Aaenda Item Reauires Exoenditure of Funds: Budgeted Amount: NA Total Cost: NA Funds to Be Utilized for Appropriation: NA Attachments: 1. Ordinance No. 0-21-18 2. Element 10, Private Property Rights (Exhibit A)