TO: Mayor and Commission AGENDA DATE: 6/20/2022
FROM: John A. Peters, III, PE, Acting City Manager AGENDA ITEM: 6 - I
SUBJECT:
Title
Public Hearing - Ordinance No. 06-2022 amending the Comprehensive Plan of the City of Deltona, to add Section 11, Property Rights Element to comply with Florida Statutes requirements at second and final hearing - Ron A. Paradise, Director, Community Services (386) 878-8610.
Strategic Goal: Productive Government
Body
LOCATION:
Citywide
BACKGROUND:
Background
On June 29, 2021, House Bill 59, became a law as Chapter 2021-195 amending Florida Statutes Section 163.3177. The amendment to Section 163.3177(6)(i), F.S. requires local governments to include a property rights element in their comprehensive plan to ensure private property rights are considered in local decision making. Any comprehensive plan amendment submitted to the Department of Economic Opportunity (DEO) after July 2, 2021, without a municipality adopting a Property Rights Element will be returned to the local government without review by the DEO.
A local government may adopt its own property rights element or use the statement of rights provided in Section 163.3177(6)(i). To this effect, staff is proposing to add the statement of rights provided in Section 163.3177(6)(i) F.S., in the format of Goals, Objectives, and Policies to the City of Deltona Comprehensive Plan by way of Section 11-Property Rights Element. The proposed Policies provided in Exhibit A of Ordinance No. 06-2022 have been written verbatim from the Florida Statutes.
The Planning and Zoning Board heard Ordinance No. 06-2022 at their scheduled meeting on March 23, 2022. The Planning and Zoning Board voted to forward this ordinance to the City Commission with a recommendation to approve and transmit to the Department of Economic Opportunity (DEO) and to the Volusia Growth Management Commission (VGMC).
On April 18, 2022, at first reading, the City Commission approved transmitting Ordinance 06-2022 to the VGMC for the Certificate of Consistency and to the DEO for review. On May 20, 2022, the DEO issued a review letter with no comment. On May 23, 2022, the VGMC issued a Certificate of Consistency. Correspondences from the reviewing agencies are attached.
For more information see the attachments including the new Comprehensive Plan Property Rights Element (Exhibit A of Ordinance No. 06-2022).
The Acting City Manager has the authority to make corrections of scrivener’s errors and the like.
OPTIONS:
1) Adopt and submit Ordinance No. 06-2022 to the Department of Economic Opportunity (DEO).
Advantages:
a. The City will remain in compliance with State planning laws; and
b. Comprehensive Plan amendments submitted to the Department of Economic Opportunity will be reviewed by the Department.
Disadvantages:
a. None.
2) Do not adopt and do not submit Ordinance No. 06-2022 to the Department of Economic Opportunity (DEO).
Advantages:
a. None.
Disadvantages:
a. The City will not be in compliance with State planning laws; and
b. The Department of Economic Opportunity will not review any Comprehensive Plan amendment submitted to the Department and will return it to the City.
End
COST:
N/A
SOURCE OF FUNDS:
N/A
ORIGINATING DEPARTMENT:
Planning and Development Services
STAFF RECOMMENDATION PRESENTED BY:
Ron A. Paradise, Director, Community Services - Staff requests the City Commission adopt and submit Ordinance No. 06-2022 to the Department of Economic Opportunity (DEO) at second and final reading.
POTENTIAL MOTION:
Recommendation
“I hereby move to adopt Ordinance No. 06-2022, amending the Comprehensive Plan of the City of Deltona, to add Section 11, Property Rights Element to comply with the Florida Statutes requirements and directs staff to submit the package to the Department of Economic Opportunity at second and final reading. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like.”
END