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01/18/2022
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01/18/2022
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3/10/2022 11:25:10 AM
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3/10/2022 11:03:00 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
01/18/2022
Meeting Body
Board of County Commissioners
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If the amendment is transmitted, state and regional review agencies review the amendment as it <br />pertains to each agency's area of focus. Review agencies then send their comments directly to the <br />county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any <br />issues raised in the review agency comments, a second and final Board public hearing is conducted. <br />If the Board approves the request at the final hearing, then the approved amendment is submitted to <br />the State Land Planning Agency and to the other review agencies. The amendment becomes effective <br />31 days after the State Land Planning Agency determines that the approved amendment submittal is <br />complete, unless a challenge is filed by an affected party. <br />The subject public hearing is the second step in the Comprehensive Plan amendment process. At this <br />time, the BCC must decide whether or not to transmit the proposed amendment to state and regional <br />review agencies. <br />ANALYSIS <br />This proposed amendment will add a new Element to the Comprehensive Plan. House Bill 59 states <br />that a local government may adopt the statement of rights, included below, as set forth in Chapter <br />163. Local Governments may also adopt their own Property Rights Element, so long as the element <br />does not conflict with the statement of rights list below. The proposed Property Rights Element <br />includes no changes from the language included in Florida Statutes, as stated below: <br />The following rights be considered in local decision making: <br />1. The right of a property owner to physically possess and control his or her interests in the <br />property, including easements, leases, or mineral rights. <br />2. The right of a property owner to use, maintain, develop, and improve his or her property for <br />personal use or for the use of any other person, subject to state law and local ordinances. <br />3. The right of the property owner to privacy and to exclude others from the property to protect <br />the owner's possessions and property. <br />4. The right of a property owner to dispose of his or her property through sale or gift. <br />Consistency with Comprehensive Plan <br />Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of <br />the comprehensive plan. As per section 800.07(1) of the county code, the "Comprehensive Plan may <br />only be amended in such a way as to preserve the internal consistency of the plan. <br />For a proposed amendment to be consistent with the plan, the amendment must be consistent with the <br />goals, objectives and policies of the Comprehensive Plan. Policies are statements in the plan, which <br />identify actions the county will take in order to direct the community's development. As courses of <br />action committed to by the county, policies provide the basis for all county land development related <br />decisions, including plan amendment decisions. While all Comprehensive Plan objectives and <br />policies are important, some have more applicability than others in reviewing plan amendment <br />requests. Of particular applicability for this request is Policy 14.3. <br />119 <br />
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