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Home My WebLink About2004 07 26 Reports (3) Date: 072604 The following Document was referenced on 07 /26/04 during Attorney Garganese' s "Report" Ii BROWN, GARGANESE,WEISS& D'AGRESTA, P~A.. Altornrys at Law Usher L. Brown' Jeffre}f P. Buako Suzanl,e C'AgrestaD AntherI)' A.. GarganeseD John hi. Ward · Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Vien Debra S. Bat>b-Nutd1er joseph E. Blitch JOM U. Bledenham, Jr. Usa M. Fletcher Katherine Latorre Melanie A. Mucarlo MiChelle A. Reddin 'Board Certified Civil Trial Lawyer aBoard Certified City, County & Local Govemment Law Erin J. O'Leary J. W. Taylor Of Counsel. July 23, 2004 Facsimile via City Clerk's Office 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 Winter Springs, Florida 32708-69.12 Re: Proposed Seminole County.Referendum on Urban/Rural Boundary Dear Mayor Bush, MembersQf the City Commission, and City Manager: 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 Cou nty 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, florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144' Cocoa & Viera (B66) 425-9566 WebSlle: www.orlandolaw.net . Email: firm@orIandolaw.net The Hanarable Mayar Jahn F. Bush and Members af the City Commissian, Ran McLemare, City Manager July 2"3,2004 Page 2 4. . The Seminale Caunty Comprehensive Plan shall control the density and Intensity of develapment an all Rural Lands. 5. The County Commissian must approve all changes to. the future land use designatians af all Rural"Lands, regardless af whether same or all afthe Rural Lands are annexed into. a municipality after the effective date afthe referendum. 6. The Caunty Cammissio.n may enact o.rdinances to. implement the charter provisian. 7. Mu"nicipal ordinances in conflict with this sectian are superseded by Seminale Caunty regulations to. the extent af a conflict. Plain and simple, if appraved by the voters, the charter amendment would give Seminale"County substantial, if nat all, cantrol over the future develapmentaf land that is on the east side af-the Urban/Rural baundary.Additio.nally, this ardinance appears to. be the first attempt by the Seminole Co.unty Cammission to. curtail municipal home rule power under Article I, Section 1.4ofthe Seminale Caunty Charter~ Althaugh thi~ Ordinance may anly Impact same af the Seminole County cities that are located near the Urban/Rural boundary (Winter Springs,Oviedo, & Sanford), the current approach by Seminale County to. amend the Caunty Charter is an attempt to. usurp municipal home rule"autharity and " could have enormous negative implications an all Seminole County municipalities in the future. One is left wondering whether the Caunty Commission would staphere 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 propased referendum. I look forward to discussing this matter at the upcoming City Commissian meeting. Anthony A. Garganese City Attorney AAGllmg . Enclosure ~ ORDINANCE NO. 2004- ,SEMINOLB' COUNTY, FLORIDA AN ORDINANCE PROPOSING AMENDMENTS TO THB SEMINOLB COUNTY HOME ROLE CHARTER, DESa.RXBING PURPOSE AND INTENT} PROPOSXNG TO AMEND ARTICLE ,I, SECTION 1.4 OP THE HOME RQLE CHARTER TO ALLOW CERTAIN COUNTY RBGULATIONS TO SUPERSEDE' CONFLICTING MUNICIPAL REGULATIONS; P:ROPO~ING' TO CREATE ARTICLE V , SECTION 1.2 OF THE HOME RULE CHARTER TO ESTABLISH AN URBAN/RURAL BOUNDARY,' DEFINE THE TERM RURAL LANDS, . ALLOW THE BOARD OF COUNTY COMMISSIONERS TO AMEND THE URBAN/RURAL BOUNDARY, PROVIDE THAT THE FUTURE LAND USE DESIGNATIONS OF THE SEMINOLE COUNTY COMPREHENSIVE PLAN CON'l'ROL 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 IMPLEMENTXNG ORDINANCES ANDSUPERBEDING CONFLICTING . MUNICIPAL ORDINANCES I ~ROVIDING FOR A REFERENDUM REGARDING . THESE' CHARTER AMENDMENTS 1 PROVIDING FOR CODIFICATION AND SEVERABILITY lWD CONDI,TIONING THE EPFECT~SS OF THE ,PROPOSED CHARTER AMENDMENTS UPON VOTER APPROVAL AT A REFERENDUM. BE IT ORD~NED 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 port.ion of Seminole County is J,argely rural in character, consisting primarily of farms, agricul tural uses and, a limi ted 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, 1itt:l..e or no commercial 1 2 3 .- 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. Exce rovided in Article V, Section, 1.2 of this Charter, M~nicipal ordinances shall prevail over Count,y ordinances to the extent of any conflict. Section 3. Amendment to Article V of theSemi.nole Coun ty Home Rule Charter. created to read as follows: Article V, Section 1; 2 is hereby Section 1.2. a. There is Urban/Rural Boundary. hereby established an north south, Urban/Rural Boundary runnin in a direction as more s ecificall delineated on that certain ma titled "URBAN/RURAL BOUNDARY MAP" and dated July 20, 2004, and as described in that certain 'legal description titled "LEGAL DESCRIPTION FOR URBAN/R.URAL BOUNDARYu and'dated July 20, 2004, both of which are on f.i,le in the official records of the Clerk of the Board of Count' Commissioners. "Rural Lands" are in the eastern' art of the county and, are typi,cally east of the Urban/Rural Boundary, exce t in those areas where the Urban/Rural Bounda creates ockets or eninsulas and some Rural Lands ma actuall lie west of one art of the Urban/Rural Boundar and east of another art; After the effective date of this section the Future Land 4 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 d~signations contained in the Seminole Countx" Co rehensive' Plan shall control the densit and intensit' of develo ment on all Rural Lands, as that term is defined in subsection a. above. The Board of' County Commissioners must a rove all,chan e13 to the future land use desi nations of all Rural Lands, regardless of' whether. some or all of the Rural L'ands are annexed into a municipality after the effective date of this section. 'd. The Board of County Commissioners may enact ordinances to im lement this section. Munici al 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 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 j permi t 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 Couhty Home Rule Charter, Article tv, 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 6 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\slee\Ordinanceo\Urban Rural Boundary1.doe 7