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Ordinance No. 2022-001CAE&W CITY OF CLERMONT �1 ORDINANCE NO.2022-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ESTABLISHING CHAPTER XIV PROPERTY RIGHTS ELEMENT OF THE COMPREHENSIVE PLAN; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the City of Clermont on August 13, 1991, in accordance with the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes; and WHEREAS, the Comprehensive Plan of the City of Clermont may be amended pursuant to Florida Statutes 163.3187; and WHEREAS, the Planning and Zoning Commission, acting as the Local Planning Agency, held a public hearing and made recommendations to the City Council for amendments to the plan; and WHEREAS, the City Council of the City of Clermont held public hearings on the proposed amendments to the plan in light of written comments, proposals and objections from the general public; NOW, THEREFORE, BE IT ORDAINED and enacted by the City Council of the City of Clermont, Florida that: SECTION 1. After public hearings held by the City of Clermont Local Planning Agency and the Clermont City Council, the Property Rights Element is hereby adopted as shown in Exhibit A. SECTION 2: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 3: SEVERABILITY If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in Page 11 of 6 CITY OF CLERMONT CAE 1 ORDINANCE NO.2022-001 full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Ordinance as a whole. SECTION 4: ADMINISTRATIVE CORRECTION This Ordinance may be re -numbered or re -lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 5: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law and it shall become law and shall take effect after a period of thirty days plus one following its Second Reading and Final Passage. Page 12 of 6 CLEW CITY OF CLERMONT ChoioeofChwpbrW ORDINANCE NO.2022-001 ORDAINED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida, this 8' day of February, 2022. tea' ttt— Tim Murry, N44yor ST: Tracy Ackroyd H e, MMC City Clerk TO FORM AND LEGALITY: F. Mantzaris, City Attorney Page 13 of 6 Exhibit A ALE -NEEM Choice of Champions CITY OF CLERMONT COMPREHENSIVE PLAN CHAPTER XN PROPERTY RIGHTS ELEMENT Adopted February 8, 2022 T Page 14 of 6 THIS PAGE INTENTIONALLY LEFT BLANK Page 15 of 6 CITY OF CLERMONT COMPREHENSIVE PLAN CHAPTERXIV PROPERTY RIGHTS PROPERTY RIGHTS GOAL 1: The City shall respect judicially acknowledged and constitutionally protected private property rights and ensure that private property rights are considered in local decision making. Objective 1: Consideration of Property Rights. The City of Clermont shall ensure that property rights are considered in the decision -making process. Policy 1.1: The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights will be considered in the decision - making process. Policy 1.2: 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, will be considered in the decision -making process. Policy 1.3: The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property will be considered in the decision -making process. Policy 1.4: The right of a property owner to dispose of his or her property through sale or gift will be considered in the decision -making process. Ordinance No. 2022-001 Page 16 of 6 XIV-1 Adopted February 8, 2022 ALEi CITY OF CLERMONT ORDINANCE N0.2022-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ESTABLISHING CHAPTER XIV PROPERTY RIGHTS ELEMENT OF THE COMPREHENSIVE PLAN; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the City of Clermont on August 13, 1991, in accordance with the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes; and WHEREAS, the Comprehensive Plan of the City of Clermont may be amended pursuant to Florida Statutes 163.3187; and WHEREAS, the Planning and Zoning Commission, acting as the Local Planning Agency, held a public hearing and made recommendations to the City Council for amendments to the plan; and WHEREAS, the City Council of the City of Clermont held public hearings on the proposed amendments to the plan in light of written comments, proposals and objections from the general public; NOW, THEREFORE, BE IT ORDAINED and enacted by the City Council of the City of Clermont, Florida that: SECTION 1. After public hearings held by the City of Clermont Local Planning Agency and the Clermont City Council, the Property Rights Element is hereby adopted as shown in Exhibit A. SECTION 2: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 3: SEVERABILITY If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in Page I 1 of 6 CITY OF CLERMONT C4E ORDINANCE NO.2022-001 full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Ordinance as a whole. SECTION 4: ADMINISTRATIVE CORRECTION This Ordinance may be re -numbered or re -lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 5: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law and it shall become law and shall take effect after a period of thirty days plus one following its Second Reading and Final Passage. Page 12 of 6 d� CITY OF CLERMONT CLE dam. - ORDINANCE NO.2022-001 ORDAINED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida, this 8t' day of February, 2022. Tim Murry, yor City Clerk TO FORM AND LEGALITY: F. Mantzaris, City Attorney Page 13 of 6 Exhibit A ALE %..l lulklC V I %l I Idl NT l pivi 1zi CITY OF CLERMONT COMPREHENSIVE PLAN CHAPTER XIV PROPERTY RIGHTS ELEMENT Adopted February 8, 2022 Page 14 of 6 THIS PAGE INTENTIONALLY LEFT BLANK Page 15 of 6 CITY OF CLERMONT COMPREHENSIVE PLAN CHAPTER XIV PROPERTY RIGHTS PROPERTY RIGHTS GOAL 1: The City shall respect judicially acknowledged and constitutionally protected private property rights and ensure that private property rights are considered in local decision making. Objective 1: Consideration of Property Rights. The City of Clermont shall ensure that property rights are considered in the decision -making process. Policy 1.1: The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights will be considered in the decision - making process. Policy 1.2: 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, will be considered in the decision -making process. Policy 1.3: The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property will be considered in the decision -making process. Policy 1.4: The right of a property owner to dispose of his or her property through sale or gift will be considered in the decision -making process. Ordinance No. 2022-001 Adopted February 8, 2022 Page 16 of 6 XIV-1