Comprehensive Plan Text Amendment: Introduction Element and Property Rights Element - Consider an Ordinance amending the text of the Introduction Element of the Seminole County Comprehensive Plan to revise the definition of Net Buildable Acres, and create a separate Property Rights Element of the Comprehensive Plan, in accordance with mandates set forth in Chapter 163 of the Florida Statutes (Seminole County Planning and Development, Applicant) Countywide (Dagmarie Segarra, Project Manager)

1. Transmit the proposed Ordinance enacting Comprehensive Plan text amendments to the Introduction Element, revising the definition of Net Buildable Acres; and creating a separate Property Rights Element of the Comprehensive Plan in accordance with mandates set forth in Chapter 163 of the Florida Statutes; or

    

2. Deny transmittal of the proposed Ordinance enacting Comprehensive Plan text amendments to the Introduction Element, revising the definition of Net Buildable Acres; and creating a separate Property Rights Element of the Comprehensive Plan in accordance with mandates set forth in Chapter 163 of the Florida Statutes; or

    

3. Continue the request to a time and date certain.
   

Comprehensive Plan Text Amendment: Introduction Element

On December 9, 2014 the Board of County Commissioners adopted Ordinance #2014-46, amending the Introduction, Conservation, Future Land Use, Implementation and Transportation Elements of the Seminole County Comprehensive Plan in order to encourage redevelopment within the urban service area for infill properties, support multimodal transportation, and further the “How Shall We Grow” Central Florida Regional Vision.  The proposed amendment includes a revision to the definition of Net Buildable Acres to revert back to the previous definition.   

At the July 13, 2021 work session, the Board of County Commissioners (BCC) directed Development Services staff to revise the definition of Net Buildable Acres to the definition that was in effect prior to December 9, 2014.  Attached is a copy of the memo that was distributed at the July work session. The proposed amendment would delete the existing definition as shown below:

1.     Within the Urban Service Area of Seminole County - the total number of acres within the boundary of a development excluding natural lakes and wetlands or floodprone areas.

2.     Within the East Rural Area as identified by Exhibit FLU: Special Area Boundaries - the total number of acres within the boundary of a development excluding areas devoted to road rights of way, transmission power line easements, natural lakes and wetlands or floodprone areas.

To the following definition:

As of January 1, 2022, Net Buildable Acres is defined as the total number of acres within the boundary of a development excluding areas devoted to road rights of way, transmission of power lines easements, natural lakes and wetlands or floodprone areas.

In order to maintain consistency, the following amendment is proposed in addition to the amendment stated above:

Developments within the Urban Service Area of Seminole County with an unexpired Final Development Order or Preliminary Subdivision Plan approval, approved before between December 31, 2014 and December 31, 2021, in which the Net Buildable Acres were calculated based on a prior definition of such term, may continue to utilize the prior definition of such term when calculating Net Buildable Acres. not subsequently apply the above definition of Net Buildable Acres if one or more residential lots or structures were conveyed, with the intention of owner occupation, December 31, 2014.

Comprehensive Plan Text Amendment: Property Rights Element

In accordance with mandates set forth in Chapter 163 of the Florida Statutes, and recently approved House Bill 59, local municipalities are required to include a Property Rights Element to the local Comprehensive Plan prior to any proposed plan amendment initiated after July 1, 2021 or by the next Evaluation and Appraisal Report (EAR).

The bill specifies that the Property Rights Element is to ensure that local governments consider private property rights in local decision making.

House Bill 59 (HB59) specifies four rights that must be considered by local government in the decision-making process:

1. The right of a property owner to physically possess and control his/her interest in the property including easements, leases, or mineral rights.

2. The right to use, maintain, develop and improve his/her property for personal use or the use of any other person, subject to state law and local ordinances.

3. The right to privacy and to exclude others from the property to protect owners’ possessions and property.

4. The right to dispose of his/her property through sale or gift.

Currently, the Seminole County Comprehensive Plan provides language that pertains to property rights in the Future Land Use Element under Objective FLU 17: Procedures for Private Property Rights Protection, Dispute Resolution, Adult Uses. The criteria required by HB59 will be in addition to the existing language and included in the separate Property Rights Element.

Planning & Zoning Commission

The Planning & Zoning Commission met on August 4, 2021 and voted unanimously to recommend the Board of County Commissioners transmit the proposed Property Rights Element (Exhibit B, 2021.TXT.04).

The Planning & Zoning Commission voted 6-1 to recommend the Board of County Commissioners deny transmittal of the proposed amendments to the Introduction Element, revising the definition of Net Buildable Acres (Exhibit A, 2021.TZ=XT.03).

The Planning & Zoning Commission minutes are attached for review.

Recommend the Board of County Commissioners transmit the proposed Ordinance enacting Comprehensive Plan text amendments to the Introduction Element, revising the definition of Net Buildable Acres; and creating a separate Property Rights Element of the Comprehensive Plan in accordance with mandates set forth in Chapter 163 of the Florida Statutes.