2021-O-46 - Comp Plan Property Rights Element /"'"IN
ORDINANCE NO.2021-0-46
AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA,
AMENDING THE CITY'S COMPREHENSIVE PLAN; AS
AMENDED, ADOPTING A PROPERTY RIGHTS ELEMENT IN
ACCORDANCE WITH FLORIDA STATUTES SECTION
163.3177(6)(i); PROVIDING FOR PUBLIC HEARINGS,
FINDINGS OF CONSISTENCY; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater has adopted a Comprehensive Plan in accordance with
Chapter 163, Part II, Florida Statutes governing the use, growth and development of property within
the City's jurisdiction; and
WHEREAS, the Florida Legislature amended Section 163.3177, Florida Statutes, effective
July 1, 2421,to require local governments to include in their Comprehensive Plans a property rights
element recognizing certain judicially acknowledged and constitutionally protected private property
rights; and
WHEREAS, the purpose of this Ordinance is to amend the City's Comprehensive Plan to
include the property rights element required by Section 163.3177(6)(i),as amended; and
WHEREAS,the Comprehensive Plan amendment adopted by this Ordinance is internally
consistent with the City of Edgewater Comprehensive Plan and its goals,policies and objectives and
is in compliance as provided by the applicable provisions of Chapter 163, Florida Statutes and other
law;and
WHEREAS, The Planning and Zoning Board recommended approval this item on
September 8,2421 in the best interest of the public welfare;and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its Comprehensive Plan as more particularly set forth hereinafter.
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2021-0-46
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATEI;,FLORIDA:
PART A. AMENDMENT.
Ordinance No. 81-0-10, as amended and supplemented, adopting the Comprehensive Plan
of the City of Edgewater, Florida, regulating and restricting the use of lands located within the
City of Edgewater, Florida, shall be amended to include the Property Rights Element described in
Exhibits"A".
PART B. PUBLIC HEARINGS.
It is hereby found that a public hearing held by the City Council to consider adoption of this
ordinance on November 1, 2021, at 6:00 p.m. in the City Council Chambers at City Hall, 104 N.
Riverside Drive, Florida, after notice published at least 10 days prior to hearing is deemed to
comply with 163.3184,Fla. Stat.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held to be unconstitutional, inoperative, or
void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any
provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person, property or circumstance.
PART E. RECORDING.
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2021-0-46
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilwoman O'Keefe,with Second by Councilwoman Power,
the vote on the first reading of this ordinance held on October 4,2021,was as follows:
AYE NAY
Mayor Mike Thomas —X
—
Councilwoman Christine Power
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe —X—
Councilman Jonah Powers X
7-
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2021-046
After Motion to approve by C'Y'du r7� I 'Kul A- , with Second
by CULIM MVAY�X IVEA , the vote on the second reading/public hearing of this
ordinance held on b0_pgfjlWUL? ,2021,was as follows;
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power X
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe
Councilman Jonah Powers y(
'v
,1' SSETD DULY ADOPTED this ( ' day ofP.Q2021.
CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
f
Bonnie Brown,CIVIC 11Q'1 s
City Clerk �yor
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2021-046
Exhibit A
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2021-0-46
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City of
GEWATER
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CITY OF EDGEWATER
COMPREHENSIVE PLAN
PROPERTY RIGH'T'S ELEMENT
CHAPTER.XI
CITY OF EDGEWATER CHAPTER XI
COMPREHENSIVE PLAN PROPERTY RIGHT-S—ELEMENI
CHAPTER X1 - PROPERTY RIGHTS ELEMENT
STATEMENT OF RIGHTS
The following rights shall be considered in local decision making:
1. The .tight of a property owner to 12hysicaUy possess and control his or her interests in the
I?LQpeM Including easements,leases, orrmineral rights.
2. The right of a proper t his or her property for
y owner to use, maintain, develop, and improve
personal use or for the use of any 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 12ropeM.
4.The right of a property owner to dispose of his or her property through sale or gift.
EFFECT OF ELEMENT
This Element and the Statement of Rights contained herein are not intended to require evidence,
discussion, or findings of fact concerning the matters set forth herein. This Element and the
Statement of Rights do not create any property rights or due process rights that are not already
judicially acknowledged and constitutionally protected. This Element and the Statement of Rights
are not intended to alter the legislative nature of decisions made in the adoption of comprehensive
plan amendments and land development code amendments. Ordinances adopted and land use and
zoning decisions made -b-y the Ci m are presumed to have considered the matters set forth in this
Element.
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