Placement: Second 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 adopt the ordinance approving the amendment.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the amendment.
2. Move that the Council not approve and provide staff direction.
Background: The transmittal public hearing at their August 23, 2021 meeting to transmit the proposed comprehensive plan amendment to the Florida Department of Economic Opportunity (DEO) and the reviewing agencies.
The DEO sent a comment letter to the City stating that the language proposed in Goal 1 of the element must be changed from "The City shall make planning and development decisions with respect for property rights" to "The City shall make local decisions with respect for property rights" in order to be consistent with Florida Statutes. Goal 1 (Exhibit A of the ordinance) reflects this change. There were no other comments from any of the reviewing ...
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