Agenda Item Name:
Title
CPA 06-21: Proposed Amendment to Alachua County Comprehensive Plan to Add a Property Rights Element to the Plan (Legislative)
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Presenter:
Ben Chumley, Principal Planner (352) 374-5249
Description:
Public hearing to consider final adoption of an ordinance amending the Alachua County Comprehensive Plan to add a “Property Rights Element” to the Plan in accordance with new requirements under Section 163.3177(6)(i), Florida Statutes as enacted through House Bill 59 (2021).
Recommended Action:
Recommended Action
Adopt the ordinance approving Comprehensive Plan Amendment CPA 06-21.
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Prior Board Motions:
October 26, 2021: Approve transmittal of proposed Comprehensive Plan Amendment CPA 06-21 to the State Land Planning Agency and other agencies for review and comment.
Fiscal Consideration:
Fiscal Consideration
Costs of advertising are covered in 008.65.6500.554.49.04; sufficient budget exists to cover costs.
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Strategic Guide:
All Other Mandatory and Discretionary Services
Background:
Florida House Bill 59, which became law on June 29, 2021, added Subsection 163.3177(6)(i) of Florida Statutes to the Community Planning Act providing that, effective July 1, 2021, each local government shall adopt a property rights element into its comprehensive plan to ensure that private property rights are considered in local decision-making. A property rights element is now one of several required elements for local comprehensive plans pursuant to Florida Statutes.
The new statutory language in Subsection 163.3177(6)(i) provides that the local government may adopt its own property rights element or use the statement of property rights that is provided within the language of the statute. The statute also provides that, if a local government adopts its own property rights element, it may not conflict with the statement of property rights provided within the statute.
According to the new statutory language, local governments shall adopt the required property rights element by the earlier of the date of adoption of its next proposed comprehensive plan amendment initiated after July 1, 2021, or the date of the next scheduled evaluation and appraisal of its comprehensive plan pursuant to Section 163.3191, Florida Statutes (April 1, 2025 for Alachua County).
According to the guidance that has been provided by the Florida Department of Economic Opportunity (FDEO), which administers the Community Planning Act, any proposed comprehensive plan amendment that is initiated by a local government after July 1, 2021, and requires expedited or state coordinated review, will be returned to the local government if the transmitted amendment package does not also include the required property rights element or if the comprehensive plan does not already include the property rights element. This has the effect of prohibiting the County from adopting any Comprehensive Plan amendments that are initiated after July 1, 2021 until such time as the required property rights element is adopted into the Comprehensive Plan.