HomeMy WebLinkAboutVI (E) Authorization to File a Writ of Certiorari in connection with Orange County Comprehensive Plan Policy Amendment - Belmere AGENDA 6-4-96
Item VI E
FOLEY & LARDNER
ATTORNEYS AT LAW
SUITE 1800
111 NORTH ORANGE AVENUE A MEMBER OF GLOBALEX
ORLANDO, FLORIDA 32801 WITH MEMBER OFFICES IN
JACKSONVILLE BERLIN
TELEPHONE (407) 423-7656
TALLAHASSEE BRUSSELS
TAMPA FACSIMILE (407) 648-1743 DRESDEN
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MILWAUKEE LONDON
MADISON POST OFFICE BOX 2193 PARIS
CHICAGO ORLANDO, FL 32802-2193 SINGAPORE
WASHINGTON,D.C. STUTTGART
TAIPEI
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of
the City of Ocoee
FROM: Paul E. Rosenthal, Esq. , City Attorney
DATE: May 31, 1996
RE : Request for Approval to File Petition for a Writ of
Certiorari with Respect to Proposed Policy 2 . 2 . 7 to the
Orange County Comprehensive Plan Policy
On May 7, 1996 the Orange County Commission adopted an
amendment to the Orange County Comprehensive Policy Plan creating
New Future Land Use Element Policy 2 . 2 . 7 . ( "the Proposed Policy" ) .
As originally presented, the Proposed Policy was intended to have
countywide application with the Belmere P-D being used as an
example of a parcel to which the policy would apply. The
Department of Community Affairs (DCA) recommended that the County
not adopt the Proposed Policy. In response, the County rewrote the
Proposed Policy in its entirety so that it applied only to the
Belmere P-D. Representatives of the City objected to the Proposed
Policy at both the LPA and County Commission adoption hearings . '
The County has forwarded the Proposed Policy to DCA which is in the
process of determining whether or not it is "in compliance" with
the requirements of Chapter 163 . The City has forwarded a written
objection to the DCA with respect to Proposed Policy.
The City staff believes that there is a reasonable
argument that Proposed Policy violates certain procedural
requirements of Chapter 163 . Specifically, the Proposed Policy was
totally re-written and changed from a countywide amendment to a
site specific amendment between the transmittal and adoption public
hearings . In effect, we believe that there was no transmittal
public hearing and that, therefore, the Proposed Policy is subject
to challenge . Additionally, the City previously requested that the
ESTABLISHED 1 8 4 2
The Honorable Mayor and City Commissioners of
the City of Ocoee
May 31, 1996
Page 2
Proposed Policy be referred to the Planning Advisory Committee
established under the Joint Planning Area Agreement . The County
did not respond to that request . We believe that the Proposed
Policy may have violated the Joint Planning Area Agreement when it
was changed from a countywide to a site specific amendment . The
law is unclear as to whether or not these issues will be considered
by DCA as part of their review. The law is also unclear as to
whether the City may raise these issues in a Petition for a Writ of
Certiorari . If a Petition is not filed, there is a chance that the
opportunity to raise these issues may be lost .
The method which would be used to preserve the issues
discussed above would be the filing of a Petition for a Writ of
Certiorari . Typically, this procedure is used by a property owner
when a local government refuses to adopt a requested comprehensive
plan amendment . There is limited guidance with respect to the use
of this procedure in the current circumstances . After discussions
with City staff and Commissioner Glass it was decided that the best
course of action was to file a Petition for Writ of Certiorari in
order to preserve certain arguments of the City which might
otherwise not be considered by the Department of Community Affairs .
In order to minimize the cost, our intention is to file the
Petition and then take no further action until the compliance
determination is made by DCA. However, actions of the County could
cause this matter to move forward prior to the compliance
determination and the City would need to respond. The estimate
cost of preparing and filing the Petition is between $3 , 000 and
$3 , 600 plus the cost of the transcript .
RECOMMENDATION
It respectfully is recommended that the Mayor and City
Commission authorize Foley & Lardner to file a Petition for Writ of
Certiorari with respect to Proposed Policy 2 . 2 . 7 as set forth in
the revised Orange County Comprehensive Policy Plan Amendment No.
96-1, and to take all actions necessary to pursue such Petition.
PER:dh
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