Planning board approves Property Rights element to Winter Garden comprehensive plan

At its April 7 meeting the Winter Garden Planning and Zoning Board voted 4–0 to approve Ordinance 25-12, which adds a new Property Rights element to the city's Comprehensive Plan. Planning Director Kelly Carson told the board the element "provides goals, objectives and policies to confirm the City respects judicially acknowledged and constitutionally protected private property rights and to ensure private property rights are considered in the City of Winter Garden’s decision-making process."

Carson said staff recommends approval and asked that the board allow staff to transmit the amendment to the State Land Planning Agency. City Attorney Kurt Ardaman said the city already seeks to avoid overreaching but that the Florida Legislature added the element because some jurisdictions have overreached. The board approved the ordinance on a motion by Board Member Jimmy Dunn, seconded by Co-Chairman Steve Ambielli; the motion carried unanimously, 4–0.

Why it matters: the state requires municipalities to adopt a Property Rights element; the board's action integrates explicit goals, objectives and policies into Winter Garden's Comprehensive Plan so property-rights considerations are part of future land-use and permitting decisions. The board's transcript record shows no public comments on the amendment. The ordinance was acted on at the Planning and Zoning Board level as part of the public hearing record on April 7, 2025.