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Home My WebLink About07-23-2004 Proposed Seminole County Referendum on Urban/Rural BoundaryJul 23 2004 4:41PM BROWN,GHRGHNESE,WEISS & D 4074259596 p.2 BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Art m yr at Law Usher L. BrownOffices in Orlando, Kissimmee, Debra S. Babb-Nutcher Jeffrey P. Busk° o Cocoa & Mara Joseph E. Blltch zan Sune D'Agreata Anthony A. Gerpsness' Lisa John M. Fletcher Jr. John H. Ward' Katherine Latorre Jeffreys. Weise Melanie A. Mucario Michelle A. Reddin 'Board CettF*d Civil Trial Lawyer °Board CeRfQsd City, County A Local Govemment Law July 23, 2004 Facsimile via City Clerk's Offlce The Honorable Mayor John F. Bush and Members of the City Commission, Ron McLemore, City Manager City of Winter Springs 1126 East State Road 434 WirRer Springs, Florida 32708-6912 Re: Proposed Seminole County Referendum on Urban/Rural Boundary Dear Mayor Bush, Members of the City Commission, and City Manager: Erin J. O'Leary J. W. Taylor of counsel Last week, the Orlando Sentinel published an article indicating that Seminole County was contemplating a County charter amendment regarding the protection of the County's Urban/Rural boundary. I made an inquiry with the County Attorney's office and they provided the enclosed draft ordinance to me yesterday. The draft ordinance in its current form proposes a county -wide referendum purporting to protect the real property located east of the Seminole County Urban/Rural boundary. The County Commission is scheduled to consider authorizing the advertisement of this ordinance for adoption at its July 27, 2004 meeting. Broken down, the ordinance if approved by the Seminole County voters would do the following: 1. Establish the Urban/Rural boundary by Seminole County Charter. 2. Defines "Rural Lands" as the eastern part of the county generally east of the Urban/Rural boundary. 3. The County Commission would be the only entity authorized to amend the Urban/Rural boundary. 225 East Robinson Street, Suite 660 • P.O. Box 2873 - Orlando, Rorlda 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Klasimmee (321) 402-0144 • Cocoa & Viera (e88) 425-OM Website: www.orlandolaw.net • Emeli: firmCorlandolaw.net Jul 23 2004 4:41PM BROWN,GRRGRNESE,WEISS L D 4074259596 p.3 The Honorable Mayor John F. Bush and Members of the City Commission, Ron McLemore, City Manager July 23, 2004 Page 2 4, The Seminole County Comprehensive Plan shall control the density and Intensity of development on all Rural Lands, 5. The County Commission must approve all changes to the future land use designations of all Rural Lands, regardless of whether some or all of the Rural Lands are annexed into a municipality after the effective date of the referendum. 6. The County Commission may enact ordinances to implement the charter provision. 7. Municipal ordinances in conflict with this section are superseded by Seminole County regulations to the extent of a conflict. Plain and simple, if approved by the voters, the charter amendment would give Seminole County substantial, if not all, control over the future development of land that is on the east side of the Urban/Rural boundary. Additionally, this ordinance appears to be the first attempt bythe Seminole County Commission to curtail municipal home rule power under Article 1, Section 1.4 of the Seminole County Charter. Although this Ordinance may only impact some of the Seminole County cities that are located near the Urban/Rural boundary (Winter Springs, Oviedo, & Sanford), the current approach by Seminole County to amend the County Charter is an attempt to usurp municipal home rule authority and could have enormous negative implications on all Seminole County municipalities in the future. One is left wondering whether the County Commission would stop here if they disagree with, orwant to control, other land use issues affecting municipalities. This matter Is worthy of serious discussion and input from the Seminole County municipalities before the County Commission proceeds with the proposed referendum. I look forward to discussing this matter at the upcoming City Commission meeting. /Ve ly yours, Anthony A. Garganese City Attomey AAG/Img Enclosure Jul 23 2004 4:41PM BROWN,GARGANESE,WEISS & D 4074258596 ORDINANCE NO. 2004- SEMINOLE COUNTY, FLORIDA AN ORDINANCE PROPOSING AMENDMENTS TO THE SEMINOLE COUNTY HOME RULE CHARTER] DESCRIBING PURPOSE AND INTENT; PROPOSING TO AMEND ARTICLE I, SECTION 1.4 OF THE HOME RULE CHARTER TO ALLOW CERTAIN COUNTY REGULATIONS TO SUPERSEDE CONFLICTING MUNICIPAL REGULATIONS; PROPOSING TO CREATE ARTICLE V, SECTION 1.2 OF THE RODE RULE CHARTER TO ESTABLISH AN URBAN/RURAL BOUNDARY, DBFINZ THE TERM RURAL LANDS, ALLOW THE BOARD OF COUNTY COMMISSIONERS TO AMEND THE URBAN/RURAL BOUNDARY, PROVIDE THAT THE FUTURE LAND USE DESIGNATIONS OF TEX SEMINOLE COUNTY COMPREHENSIVE PLAN CONTROL THE DENSITY AND INTENSITY OF DEVELOPMENT OF THE RURAL LANDS, REQUIRE COMMISSION APPROVAL OF ALL CHANGES TO THE FUTURE LAND USE DESIGNATIONS OF RURAL LANDS, REGARDLESS OF MUNICIPAL ANNEXATION, PROVIDE FOR IMPLEMENTING ORDINANCES AND SUPERSEDING CONFLICTING MUNICIPAL ORDINANCESI PROVIDING FOR A REFERENDUM REGARDING THESE CHARTER AMENDMENTS] PROVIDING FOR CODIFICATION AND SCVERABILITY AND CONDITIONING; THE EFFECTIVENESS OF THE PROPOSED CHARTER AMENDMENTS UPON VOTER APPROVAL AT A REFERENDUM. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA: Section 1. Legislative Findings and Declaration of Intent. (a) The Board of County Commissioners of Seminole County (the "Board") recognizes that the eastern portion of Seminole County is largely rural in character, consisting primarily of farms, agricultural uses and a limited number of residences. The Board further recognizes that the residents of the eastern portion of Seminole County have intentionally chosen a rural lifestyle, characterized by large residential lots, limited traffic flow, few stoplights, little 1 or no commercial p.4 Jul 23 2004 4:41PM BROWN,GHRGRNESE,WEISS 6 D 4074259596 p.5 development and limited urban amenities, such as water and sewer services. Many residents of this area have expressed to the Board their desire to maintain this rural lifestyle and rural landscape. (b) It is essential to the preservation of the rural landscape and lifestyle to ensure that land development in this area does not exceed the intensity or density prescribed for rural development as indicated in Seminole County's existing land use designations and zoning classifications. (c) Overly intense or dense development will adversely impact existing drainage and roadway systems, some of which are already overtaxed. Further, certain properties in the eastern rural area are low lying with high water tables. As such, overly intense development of these properties would likely create adverse impacts and expense to neighboring properties. (d) To preserve the existing rural lifestyle and rural landscape of eastern Seminole County there is a need to limit the provision of urban services and intensity of development. To accomplish that purpose, the Board has adopted and designated an Urban/Rural Boundary in the Seminole County Comprehensive Plan. Pursuant to the Comprehensive Plan, development on the eastern side of this boundary is subject to land use regulations limiting density and intensity of use and limiting the provision V, Jul 23 2004 4:42PM BROWN,GHRGRNESE,WEISS & D 4074259596 P.6 of certain urban services, such as, for example and not as a limitation, central water and sewer systems. (e) There are many properties located on the eastern side of the Urban/Rural Boundary which abut municipalities and are therefore subject to municipal annexation in the near future. It is the Board's intent to avoid future disputes between and among the County, the various municipalities and property owners regarding annexation and development of such properties. In that regard, the County seeks to clarify and preserve its authority over the density and intensity of development of all properties located on the eastern side of the Urban/Rural Boundary, regardless of whether such properties are within unincorporated Seminole County or annexed into a municipality. (f) The Board recognizes that changing circumstances may require alteration of the Urban/Rural Boundary. Accordingly, there is provision made for alteration of the Urban/Rural Boundary, without need of further charter amendment, by vote of a super majority of the Board of County Commissioners. (g) Pursuant to the Seminole County Home Rule Charter, Article IV, Section 4.2(C), the Board may propose a Charter amendment for referendum vote by passing an ordinance relating to such amendment by a majority vote of the Board. 3 Jul 23 2004 4:42PM BROWN,GARGANESE,WEISS L D 4074259596 p.7 Section 2. Amendment to Article I of the Seminole County Home Rule Charter. Article I, Section 1.4 of the Seminole County Home Rule Charter is hereby amended to read as follows: Section 1.4. Relation to Municipal Ordinances. Except as provided in Article V, Section 1.2 of this Charter, Mmunicipal ordinances shall prevail over County ordinances to the extent of any conflict. Section 3. Amendment to Article V of the Seminole County home Rule. Charter. Article V, Section 1.2 is hereby created to read as follows: Section 1.2. Urban/Rural Boundary. a. There is hereby established an Urban/Rural Boundary running in a generally north south direction as more specifically delineated on that certain map titled "URBAN/RURAL BOUNDARY MAP" and dated July 20, 2004, and as described in that certain legal description titled "LEGAL DESCRIPTION FOR URBAN/RURAL BOUNDARY" and dated July 20, 2004, both of which are on file in the official records of the Clerk of the Board of County Commissioners. "Rural Lands" are in the eastern part of the county and are typically east of the Urban/Rural Boundary, except in those areas where the Urban/Rural Boundary creates pockets or peninsulas and some Rural Lands may actually lie west of one part of the Urban/Rural Boundary and east of another part. After the effective date of this section the Future Land 4 Jul 23 2004 4:42PM BROWN,GHRGANESE,WEISS d D 4074259596 p.8 Use Element of the Seminole County Comprehensive Plan shall include a copy of the map and legal description b. The Board of County Commissioners may amend the Urban/Rural Boundary whenever, in the opinion of the Board, such a change is necessary. C. From and after the effective date of this section the future land use designations contained in the Seminole County Comprehensive Plan shall control the density and intensity of development on all Rural Lands, as that term is defined in subsection a. above. The Board of County Commissioners must approve all changes to the future land use designations of all Rural Lands, regardless of whether some or all of the Rural Lands are annexed into a municipality after the effective date of this section. d. The Board of County Commissioners may enact ordinances to implement this section. Municipal ordinances in conflict with this section or any implementing county ordinance are superseded to the extent of such conflict Section 4. Referendum. (a) The Supervisor of Elections of Seminole County is hereby authorized and directed to place on the ballot for the General Election to be held on November 2, 2004, the following ballot title and question: 5 Jul 23 2004 4:42PM BROWN,GRRGHNESE,WEISS d D 4074259596 p.9 CHARTER AMENDMENT ESTABLISHING URBAN/RURAL BOUNDARY AND PREEMPTING MUNICIPAL LAND USE AUTHORITY EAST OF SAME. Shall the Home Rule Charter be amended to establish an Urban/Rural Boundary; permit future changes in the boundary; establish, as to Rural Lands lying east of the boundary, the Seminole County Comprehensive Plan future land use designations and the Board of County Commissioners as controlling the density and intensity of development thereof, regardless of whether that property has been annexed into a municipality; authorize implementing ordinances, and provide that conflicting municipal ordinances are superseded. Yes No (b) Notice of such referendum shall comply with all requirements of the Seminole County Home Rule Charter, Article IV, Section 4.2(c) and Chapter 100, Florida Statutes. Section 5. Codification. Sections 2 and 3 of this Ordinance shall be codified in the Seminole County Home Rule Charter if approved by referendum. No other sections of this Ordinance shall be codified. Section 6. Severability. If any provision of this Ordinance is for any reason held by a court to be unconstitutional, invalid, or void, it is the intent of the Board that such ruling shall not affect other provisions of this A Jul 23 2004 4:42PM BROWN,GRRGRNESE,WEISS d D 4074259596 P.10 Ordinance which can be given affect without the invalid provision, and to such end, the provisions of this Ordinance are declared severable. Section 7. Effective Date. Sections 1,4,5,6 and 7 of this Ordinance shall take effect upon filing a copy of this Ordinance with the Department of State by the: Clerk of the Board of County Commissioners. Sections 2 and 3 of this Ordinance shall take effect on November 3, 2004 if approved by a majority of voters at referendum. ENACTED this day of 2004. BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: DARYL G. MCLAIN, Chairman P:\Users\elee\ordinances\Urban Rural Soundaryl.doe 7