City of Port St. Lucie header
File #: 2021-673    Version: 1 Name:
Type: Ordinance Status: Second Reading
File created: 8/6/2021 In control: City Council
On agenda: 8/23/2021 Final action:
Title: Ordinance 21-76, Public Hearing, An Ordinance Amending the Comprehensive Plan of the City of Port St. Lucie to Add a New Element Entitled "Property Rights", Pursuant to Chapter 163, Florida Statutes (P21-150)
Attachments: 1. Ordinance, 2. Staff Report, 3. Exhibit A - House Bill 59, 4. Exhibit B - Property Rights Element, 5. Staff Presentation

Placement: First Reading of Ordinances / Public Hearing                     

Action Requested: Motion / Vote                     

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Ordinance 21-76, Public Hearing, An Ordinance Amending the Comprehensive Plan of the City of Port St. Lucie to Add a New Element Entitled “Property Rights”, Pursuant to Chapter 163, Florida Statutes (P21-150) 

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Submitted By: Anne Cox, Assistant Director of Planning and Zoning

 

Strategic Plan Link: The City’s Mission to be responsive to our community.

 

Executive Summary (General Business): This is a City initiated text amendment to create a new element entitled Property Rights.  Legislation was passed this year that requires each local government to adopt a property rights element as a part of their Comprehensive Plan.  The intent of the proposed amendments is to ensure that local government entities respect judicially acknowledged and constitutionally protected private property rights.  The intent is also to ensure that private property rights are considered in local decision making. 

 

Presentation Information: Staff will provide a presentation.

 

Staff Recommendation: Move that the Council approve the amendment for transmittal to the Florida Department of Economic Opportunity and reviewing agencies for review and comment.

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve the amendment for transmittal.

2.                     Move that the Council not approve and provide staff direction.

 

Background: The Planning and Zoning Board recommended approval of the proposed comprehensive plan amendment at their August 3, 2021 meeting.

 

Issues/Analysis: See staff report.

                     

Financial Information: N/A

 

Special Consideration: The proposed Property Rights Element must be transmitted to the State prior to or simultaneous with any additional proposed amendments.

 

Location of Project: N/A

 

Attachments:

1.                     Ordinance

2.                     Staff Report

3.                     Exhibit A - House Bill 59

4.                     Exhibit B - Property Rights Element

5.                     Staff Presentation

 

NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.

 

Internal Reference Number: 6914

 

Legal Sufficiency Review: 

Reviewed by Elizabeth L. Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.