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104y <br />INDIAN RIVER COUNTY, FLORIDA <br />MEMORANDUM <br />TO: Jason E. Brown; County Administrator <br />THROUGH: Phillip J. Matson, AICP; Community Development Director <br />FROM: John Stoll: Chief Long Range Planning <br />DATE: December 21, 2021 <br />SUBJECT: TRANSMITTAL HEARING: County Initiated Request to Amend the Text of the <br />County's Comprehensive Plan to add a new Chapter 13 Property Rights Element. <br />It is requested that the data herein presented be given formal consideration by the Board of County <br />Commissioners at its regular meeting of January 18, 2022. <br />DESCRIPTION AND CONDITIONS <br />This is a county -initiated request to approve a Comprehensive Plan Text Amendment, creating the <br />Property Rights Element, including Goals, Objectives and Policies. During the 2021, Florida <br />Legislative Session, Ch. 2021-195, Fla. Laws, was passed providing for amendments to Section <br />163.3177, Florida Statute (F.S.) requiring local governments to include a Property Rights Element in <br />their comprehensive plan; providing a statement of rights which a local government may use; <br />requiring a local government to adopt a Property Rights Element upon its next proposed plan <br />amendment initiated after July 1, 2021. The legislation also limits the ability to adopt any other <br />Comprehensive Plan amendments initiated after July 1, 2021 until the Property Rights Element is <br />adopted. <br />Comprehensive Plan Amendment Review Procedures <br />The procedures for reviewing a comprehensive plan amendment involve several steps. First, the <br />Planning and Zoning Commission (PZC), as the Local Planning Agency, conducts a public hearing <br />to review the request. At the public hearing, the PZC makes a recommendation to the Board of County <br />Commissioners (Board) to approve, approve with modifications, or deny the requested amendment. <br />Following PZC action, the Board conducts two public hearings. The first of those hearings is for a <br />preliminary decision on the amendment request, At that hearing, the Board determines whether or not <br />the amendment warrants transmittal to state and regional review agencies for their consideration. <br />118 <br />