21-2206 Amend Comprehensive Plan to Adopt A Private Property Rights Element to Comply with Section 163.3177ORDINANCE NO. 21-2206
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF
LONGWOOD TO ADOPT A PRIVATE PROPERTY RIGHTS ELEMENTTO
COMPLY WITH SECTION 163.3177, FLORIDA STATUTES; PROVIDING
FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes, the City of Longwood, Florida
(the "City") proposes to amend (the "Amendment") the City Comprehensive Plan (the
"Comprehensive Plan") as provided for in Exhibit "A"; and
WHEREAS, the Florida Legislature changed statutory provisions of chapters 163, Florida
Statutes in 2021 to ensure that private property rights are considered in local decisionmaking; and
WHEREAS, the City Commission of the City of Longwood desires to update the
Comprehensive Plan consistent with these changes by adopting a "Private Property Rights
Element"; and
WHEREAS, the Land Planning Agency reviewed this Ordinance on August 11, 2021 in
accordance with the requirements of Chapter 163, Florida Statutes, and recommended approval to
the City Commission; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1: RECITALS. The above recitals are true, correct and incorporated herein by
this reference.
Ordinance No. 21-2206
CPA 01-21
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SECTION 2: ADOPTION. A new Private Property Rights Element of the Comprehensive
Plan of the City of Longwood is hereby adopted as set forth in Exhibit "A" attached hereto. When
the Comprehensive Plan is updated, the numbering system will be changed through the entirety of
the document to match the numbering shown in this attached Exhibit "A."
SECTION 3: SEVERABILITY. The provisions of this Ordinance are declared to be separable
and if any section, paragraph, sentence or word of this Ordinance or the application thereto any
person or circumstance is held invalid, that invalidity shall not affect other sections or words or
applications of this Ordinance. If any part of this Ordinance is found to be preempted or otherwise
superseded, the remainder shall nevertheless be given full force and effect to the extent permitted
by the severance of such preempted or superseded part.
SECTION 4: CONFLICTS. If any ordinance or part thereof is in conflict herewith, this
Ordinance shall control to the extent of the conflict.
SECTION S: EFFECTIVE DATE. This Ordinance shall become effective pursuant to a
Notice of Intent issued by DEO finding the Comprehensive Plan amendment ("Amendment") set
forth in this Ordinance to be in compliance as defined in Section 163.3184(1)(b), Florida Statutes. If
timely challenged, the Amendment shall not become effective until DEO or the Administration
Commission enters a final order determining the adopted Amendment to be in compliance.
FIRST READING AND TRANSMITTAL READING: September 9, 2021
SECOND READING AND ADOPTION: October 18, 2021
PASSED AND ADOPTED THIS: October 18, 2021
Ordinance No. 21-2206
CPA 01-21
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ATTEST•
,6-N r<F M
CITY CLERK
Approv -to form and legality for the use and reliance of the City of Longwood, Florida, only.
DANIEL W. "GY,,41TVaTORNEY
Ordinance No. 21-2206
CPA 01-21
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EXHIBIT "A"
SECTION 12 =
PRIVATE PROPERTY RIGHTS ELEMENT
PURPOSE AND OVERALL GOAL
The purpose and overall goal for the Private Property Rights Element is to signify respect for
judicially acknowledged and constitutionally protected private property rights, and to ensure that
those rights are considered in the City of Longwood's decision making.This element is not intended
to create any property rights or due process rights that are not already judicially acknowledged
and constitutionally protected. This element is not intended to alter the legislative nature of
decisions made in the adoption of comprehensive plan amendments and land development code
amendments. This element is not intended to require discussion, evidence and findings of fact
concerning the matters set forth herein. Ordinances adopted and land use and zoning decisions
made by the City are presumed to have considered the matters set forth in this element.
Major Objectives and Policies
The following objective provides a framework for ensuring that private property rights are
considered in local decisionmaking.
Objective 12.1. The following rights shall be considered in decision making by the City of
Longwood:
1) The right of a property owner to phvsically possess and control
their interests in property, including easements, leases, or
mineral rights.
2) 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.
3 The right of the property owner to privacy and to exclude others
from the property to protect the owner's possessions and
propertv.
4) The right of a property owner to dispose of his or her property
through sale or gift.
Ordinance No. 21-2206
CPA 01-21
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