Commission Meeting Agenda Item
Ordinance 2021-28 (Second and Final Reading) — An Ordinance of the Town of Lady Lake, Lake County, Florida; Providing for Repeal of the Second and Final Reading of Ordinance 2021-13 which Amended the Town of Lady Lake Comprehensive Plan by Incorporating a Property Rights Element
Staff Recommended Motion
Staff recommends approval of the second and final reading of Ordinance 2021-28.
On Monday, October 18, 2021, the Town Commission adopted Ordinance 2021-13, which amended the Town of Lady Lake Comprehensive Plan by incorporating a Property Rights Element as required under Florida House Bill 59 which was signed into law on June 29, 2021 by Governor Ron DeSantis, and became effective July 1, 2021. Following the second and final reading of the ordinance, the adopted amendment was transmitted to the Florida Department of Economic Opportunity (DEO) on Wednesday, November 3, 2021.
Upon receipt of the amendment package by DEO, Town staff was informed that the amendment would not be accepted by the department because it was transmitted as an adopted amendment, not a proposed amendment. The amendment should have followed the Expedited State Review Process which requires a proposed amendment to be transmitted to DEO for review and comment prior to the second and final reading of the ordinance. In error, Town staff processed the amendment as it would a Small-Scale Amendment which allows consecutive readings of an ordinance without review by the DEO.
With the adoption of Ordinance 2021-28, the second and final reading of 2021-13 would be repealed, and subsequently, Ordinance 2021-13 will be transmitted to DEO as a proposed amendment in accordance with the Expedited State Review Process. Following receipt of any comments from DEO and other state agencies (if applicable), Ordinance 2021-13 will be brought back to the Town Commission for second and final reading for consideration of final adoption. Staff anticipates the second and final reading will occur in February of 2022. Following the second reading of 2021-13 before the Town Commission, the amendment will then be transmitted to DEO for consideration as an adopted amendment.
At the December 6, 2021 meeting, the Town Commission voted 5 to 0 to approve Ordinance 2021-28 upon first reading.
Source of Funding
Draft Ordinance 2021-28
AN ORDINANCE OF THE TOWN OF LADY LAKE, LAKE COUNTY, FLORIDA; PROVIDING FOR REPEAL OF THE SECOND AND FINAL READING OF ORDINANCE 2021-13 WHICH AMENDED THE TOWN OF LADY LAKE COMPREHENSIVE PLAN BY INCORPORATING A PROPERTY RIGHTS ELEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 163.3167, Florida Statutes, requires Town of Lady Lake to maintain a comprehensive plan to guide its future development and growth; and
WHEREAS, Section 163.3177(6)(i)1., Florida Statutes, requires the Town of Lady Lake comprehensive plan to include a property rights element; and
WHEREAS, Ordinance 2021-03 was adopted by the Lady Lake Town Commission on Monday, October 18, 2021 and subsequently transmitted to the Florida Department of Economic Opportunity (DEO) as an adopted amendment; and
WHEREAS, the Town of Lady Lake was informed on Wednesday, November 3, 2021, that the amendment is subject to review by DEO under the Expedited State Review process prior to adoption; and
WHEREAS, the Town of Lady Lake shall transmit the amendment to DEO as a proposed amendment under the Expedited State Review process to solicit any comments from the Department and other agencies before final hearing; and
WHEREAS, upon receipt of comments, the Town of Lady Lake shall bring Ordinance 2021-13 back before the Town Commission for the second and final reading, and subsequent transmittal to the Florida Department of Economic Opportunity as an adopted amendment.
NOW, THEREFORE, BE IT ORDAINED by the Town Commission of the Town of Lady Lake, Lake County, Florida:
SECTION 1. The Town of Lady Lake hereby repeals the property rights element as adopted prematurely under Ordinance 2021-13 on October 18, 2021, until such time it is properly adopted at second and final hearing.
SECTION 2. Conflict
All ordinances made in conflict with the Ordinance are hereby repealed to the extent of such conflict.
SECTION 3. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by a Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or application hereof.
SECTION 4. Effective Date
This Ordinance shall become effective immediately upon adoption.
PASSED AND ORDAINED this 20th day of December, 2021 in the regular session of the Town Commission of the Town of Lady Lake, Lake County, Florida, upon the Second and Final Reading.
Town of Lady Lake, Florida
Jim Rietz, Mayor
Nancy Slaton, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney