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HomeMy WebLinkAbout2026 07 23 Public input - Kevin McCann submitted documents July 2026 1 PROPOSAL TO PROTECT PUBLIC LAND AND THE RURAL BOUNDARY Submitted to the Winter Springs Charter Review Committee Two proposed Charter safeguards: 1. Supermajority protection for City real estate and conservation interests 2. Supermajority approval for annexation of Rural Boundary land or the extension of City water, wastewater, or other urban utility services to serve property within that area Prepared by Mayor Kevin McCann July 2026 July 2026 2 Executive Summary I respectfully request that the Charter Review Committee recommend two separate amendments to the City Charter. The first would require four affirmative votes before the City may dispose of City owned real property or release or materially weaken a conservation easement or similar preservation interest. The second would require four affirmative votes before the City may annex property located wholly or partially within the Seminole County Rural Area or extend City water, wastewater, or other urban utility services to serve property within that area. These proposals would not prohibit future action. They would require broader agreement before the City makes decisions that may be permanent, difficult to reverse, and consequential for future generations. Public mandate At the November 2024 election, approximately 84 percent of Seminole County voters supported supermajority protection for County Natural Lands, and approximately 82 percent supported supermajority protection for the County Rural Area. More than four out of every five voters supported each measure. 1. Purpose and Requested Charter Safeguards 1. Require a supermajority vote before the City may sell, convey, transfer, exchange, donate, or otherwise dispose of City owned real property, or release, extinguish, relocate, subordinate, or materially weaken a conservation easement or similar land preservation interest held or controlled by the City. 2. Require a supermajority vote before the City may annex property located wholly or partially within the Seminole County Rural Area or extend City water, wastewater, or other urban utility services to serve property within that area. For both amendments, “supermajority” should mean the affirmative vote of at least four of the five members of the City Commission who are entitled to vote. 2. Why These Decisions Deserve a Higher Threshold Some governmental decisions are routine and appropriately decided by a simple majority. The permanent sale of public land, the release of a conservation easement, the annexation of Rural Boundary property, and the extension of urban utility services into the Rural Boundary are not routine decisions. They may permanently affect community character, environmental resources, infrastructure, traffic, public finances, and the expectations of residents who relied upon earlier public commitments. A four vote requirement preserves the ability to act when circumstances justify it, but prevents a lasting decision from being made by the narrowest possible three to two majority. 3. Protection of City Real Property and Conservation Interests City owned real estate is held for the benefit of the public. Parks, open space, conservation property, stormwater property, public facilities, and other City assets may have been acquired through taxpayer funding, grants, donations, development agreements, or long term community planning. July 2026 3 Conservation easements deserve particular protection because their purpose is to preserve land and environmental resources over time. Once a conservation easement is released or materially weakened, the conservation value and public expectations attached to it may never be recovered. The Former Winter Springs Golf Course The former Winter Springs Golf Course is an important example. Although the City does not own the underlying golf course property, it holds a perpetual conservation easement over much of the property. The easement was originally granted in 1984 and later amended. Previous City actions have recognized the easement as being of significant public importance to Winter Springs and its residents. An interest of this magnitude should not be released, extinguished, relocated, subordinated, or materially reduced through a narrow three to two vote. A supermajority requirement would help ensure careful review, full public notice, and broad agreement before any permanent change is made. 4. Protection of the Seminole County Rural Boundary The Seminole County Rural Boundary reflects a decades long public commitment to protect the eastern rural area from incompatible urbanization. County voters placed Rural Area protections in the County Charter in 2004 and strengthened them in 2024 by requiring four of five County Commissioners to remove property from the Rural Area. In November 2024, approximately 82 percent of voters approved the Rural Area supermajority requirement. The companion Natural Lands amendment received approximately 84 percent support. These overwhelming margins demonstrate broad countywide agreement that protected land should not be altered without substantial consensus. Historical Intergovernmental Commitments Winter Springs also has a longstanding history of recognizing the need to protect the eastern rural area. During the 1998 Battle Ridge litigation and settlement process, Winter Springs, Oviedo, Seminole County, property owners, and other parties negotiated protections for a defined eastern area. Official City records describe a proposed settlement area “where no one will annex.” The negotiations also contemplated restrictions on development and the extension of urban services without intergovernmental agreement. The available record should not presently be characterized as proof of a permanent, general three party memorandum of understanding prohibiting every annexation within the modern Rural Boundary. Winter Springs records indicate that the City sought broader joint planning protections, while Oviedo later proceeded with a separate agreement involving Seminole County. The final executed settlement, maps, amendments, and related agreements should therefore be obtained and reviewed by the City Attorney. Even with that legal qualification, the historical record clearly demonstrates a longstanding regional recognition that the eastern rural area deserved meaningful protection and that annexation and urban services should not be extended into it without broad agreement. Existing Winter Springs Policy Winter Springs later formalized its own commitment. In 2006, the City adopted a policy prohibiting voluntary and involuntary annexations east of DeLeon Street. The restriction was also incorporated into the City Comprehensive Plan. City planning records state that the policy was intended to protect the rural and environmentally sensitive Black Hammock area from future urbanization. July 2026 4 The proposed Charter amendment would elevate and strengthen that existing policy. It would help prevent a future Commission from first weakening an ordinance or Comprehensive Plan policy and then approving an annexation or extending urban utility services through a narrow three to two vote. Extending City water or wastewater service to property within the Rural Boundary can have much the same practical effect as annexation because it makes higher density and more intensive development possible. Annexation and the extension of urban utility services should therefore require the same broad agreement. The amendment would also apply to Rural Area property that may not be captured solely by the DeLeon Street line. 5. Proposed Charter Amendment One Protection of City Real Property and Conservation Interests The following language is offered as a starting point for review and final drafting by the City Attorney: Section ____. Disposition of City Real Property and Conservation Interests A. Supermajority required. The City shall not sell, convey, exchange, donate, transfer, or otherwise dispose of any real property or material interest in real property owned by the City without the affirmative vote of at least four fifths of the full authorized voting membership of the City Commission. B. Conservation interests. The City shall not release, extinguish, terminate, materially amend, materially relocate, subordinate, or otherwise materially reduce any conservation easement, preservation easement, restrictive covenant, or similar land preservation interest held or controlled by the City without the affirmative vote of at least four fifths of the full authorized voting membership of the City Commission. C. Public finding. Before taking an action governed by this section, the City Commission shall make a written finding explaining why the action serves a substantial public purpose and why the property or conservation interest is no longer required in its existing form. D. Implementing ordinance. The City Commission may adopt an ordinance establishing procedures for appraisals, environmental review, public notice, and public hearings. Any exception for routine utility, drainage, access, right of way, title correction, or temporary construction instruments must be narrowly defined and may not materially impair the public use, conservation value, recreational value, or economic value of the affected property. E. Construction. This section shall be interpreted broadly to protect the public’s interest in City property and land preservation interests, to the fullest extent permitted by law. Proposed Ballot Summary for Amendment One SUPERMAJORITY APPROVAL FOR DISPOSITION OF CITY LAND AND CONSERVATION EASEMENTS Shall the City Charter be amended to require at least four affirmative votes of the five City Commissioners before the City may sell, convey, exchange, donate, or otherwise dispose of City owned real property, or release, extinguish, or materially reduce a conservation easement or similar land preservation interest held or controlled by the City, subject to limited exceptions for routine instruments that do not materially impair the property? July 2026 5 6. Proposed Charter Amendment Two Annexation and Extension of Utilities within the Seminole County Rural Area The following language is offered as a starting point for review and final drafting by the City Attorney: Section ____. Annexation and Extension of Utilities within the Seminole County Rural Area A. Supermajority required for annexation. No ordinance, resolution, interlocal agreement, request, consent, or other action of the City Commission that would annex or cause the annexation into the City of any property located wholly or partially within the Seminole County Rural Area shall be approved without the affirmative vote of at least four fifths of the full authorized voting membership of the City Commission. B. Supermajority required for extension of utilities. No ordinance, resolution, interlocal agreement, utility service agreement, capital improvement, expenditure, request, consent, approval, or other action of the City Commission that would extend, authorize, approve, or provide City water, wastewater, or other urban utility services to serve property located wholly or partially within the Seminole County Rural Area shall be approved without the affirmative vote of at least four fifths of the full authorized voting membership of the City Commission. C. Rural Area defined. For purposes of this section, the Seminole County Rural Area means the property located within the Rural Area and Rural Boundary established by Section 5.2 of the Seminole County Home Rule Charter and depicted in the official map and legal description in effect on the effective date of this section. The definition shall also include property subsequently added to or included within the Rural Area. D. Application. The annexation requirement shall apply to voluntary annexations, involuntary annexations, annexations accomplished through interlocal agreements, and any City sponsored or City supported special act or other annexation mechanism, to the fullest extent permitted by law. The utility requirement shall apply regardless of whether the property is annexed and regardless of the mechanism used to authorize, finance, construct, connect, or provide the service. E. Purpose. The extension of urban utility services can enable higher density or more intensive development and may have substantially the same practical effect as annexation. This section is intended to ensure that neither annexation nor the extension of urban utility services into the Rural Area occurs without broad agreement. F. Other legal requirements. Nothing in this section independently changes the zoning, future land use designation, density, intensity, development rights, or regulatory authority applicable to any property. All annexations and utility extensions remain subject to state law, the Seminole County Home Rule Charter, and other applicable legal requirements. A. Supermajority required. No ordinance, resolution, interlocal agreement, request, consent, or other action of the City Commission that would annex or cause the annexation into the City of any property located wholly or partially within the Seminole County Rural Area shall be approved without the affirmative vote of at least four fifths of the full authorized voting membership of the City Commission. B. Rural Area defined. For purposes of this section, the Seminole County Rural Area means the property located within the Rural Area and Rural Boundary established by Section 5.2 of the Seminole County Home Rule Charter and depicted in the official map and legal description in effect on the effective date of this section. The definition shall also include property subsequently added to or included within the Rural Area. C. Application. This requirement shall apply to voluntary annexations, involuntary annexations, annexations accomplished through interlocal agreements, and any City sponsored or City supported special act or other annexation mechanism, to the fullest extent permitted by law. D. Other legal requirements. Nothing in this section independently changes the zoning, future land use designation, density, intensity, development rights, or regulatory authority applicable to any property. All July 2026 6 annexations remain subject to state law, the Seminole County Home Rule Charter, and other applicable legal requirements. Proposed Ballot Summary for Amendment Two SUPERMAJORITY APPROVAL FOR ANNEXATION OR EXTENSION OF UTILITIES WITHIN THE RURAL BOUNDARY Shall the City Charter be amended to require at least four affirmative votes of the five City Commissioners before the City may annex land located wholly or partly within the Seminole County Rural Area, or extend City water, wastewater, or other urban utility services to serve property within that area, while leaving other annexations and utility decisions subject to existing voting requirements and applicable law? Shall the City Charter be amended to require at least four affirmative votes of the five City Commissioners before the City may annex any land located wholly or partly within the Seminole County Rural Area as it existed on the amendment’s effective date, including land later added to that area, while leaving other annexations subject to existing voting requirements and all annexations subject to applicable law? 7. Why the Measures Should Be Separate Ballot Questions The two proposals address distinct governmental decisions: • The disposition of City real estate and conservation interests. • The annexation of property within the Seminole County Rural Area and the extension of City water, wastewater, or other urban utility services to serve property within that area. Separate questions would allow residents to evaluate and vote on each protection independently. They would also reduce the risk that disagreement with one proposal could affect the other. 8. Supporting Document Request Before final Charter language is recommended, the Committee should request that the City Attorney and City Clerk locate and review: • The final executed Recommendations, Stipulations and Settlement Agreement associated with the Battle Ridge proceedings. • DOAH Case Nos. 98-3788GM, 98-3789GM, and 98-3790GM. • The November 1998 revisions and the map identified as Exhibit C. • Any subsequent amendments, court orders, interlocal agreements, joint planning agreements, or Comprehensive Plan provisions implementing or superseding those commitments. • The current legal descriptions and maps defining the Seminole County Rural Area and the City’s DeLeon Street annexation restriction. This review should determine the precise legal status and continuing effect of the historical commitments and ensure that the proposed Charter language is consistent with applicable state law and the County Charter. 9. Requested Committee Action 1. Discuss both proposed protections at a public meeting. July 2026 7 2. Receive legal guidance from the City Attorney regarding Charter placement, definitions, exceptions, legal descriptions, and compliance with state law. 3. Recommend two separate Charter amendments to the City Commission. 4. Recommend that, after appropriate legal and public review, the City Commission submit both amendments to the voters of Winter Springs. 10. Conclusion Requiring four affirmative votes does not prevent the City from acting. It simply requires a higher level of agreement before the City makes a decision that future residents may not be able to reverse. These protections would help safeguard public land, conservation interests, the former Winter Springs Golf Course conservation easement, the Seminole County Rural Boundary, and the longstanding commitments made to the residents of Winter Springs. They would ensure that neither annexation nor the extension of urban utility services could be used to open Rural Boundary land to higher density development without broad agreement. They would place lasting safeguards in the Charter rather than leaving them dependent upon the composition of a future Commission. Legal Drafting Note This proposal is intended for policy discussion. The City Attorney should prepare or approve all final Charter text, ballot titles, ballot summaries, definitions, exceptions, and implementing provisions. The City Attorney should also confirm applicable statutory ballot word limits and election procedures before either measure is placed before voters. July 2026 8 Selected Supporting Records Seminole County: Home Rule Approved Seminole County Supervisor of Elections: 2024 General Election Results Winter Springs Ordinance 2006-02: Annexations East of DeLeon Street Prohibited Winter Springs records concerning annexation into the East Rural Area Winter Springs 1998 Special Meeting records concerning Battle Ridge negotiations Winter Springs 1999 records concerning proposed joint planning protections Note: The election percentages are rounded to the nearest whole percent for public communication. Final presentation material s may include exact certified percentages if desired.