HomeMy WebLinkAboutVI (F) Discussion/Action re: Belmere POD/Orange County Comprehensive Plan Amendment AGENDA 8-06-96
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WRITER'S DIRECT LINE
MEMORANDUM
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM: Paul E. Rosenthal, Esq. , City Attorney ///
DATE: July 26, 1996
RE: Belmere PUD/Orange County Comprehensive Plan Amendment
In accordance with the direction of the City Commission,
the City staff and City Attorney have been taking various actions
to oppose the amendment to the Orange County Comprehensive Plan
regarding the Belmere P-D ("the Amendment") . Our efforts have
involved a two-pronged attack. First, a Petition for Certiorari
was filed challenging certain procedures followed by the County in
connection with the adoption of the Amendment. At the same time,
the City staff actively pursued efforts to persuade the Department
of Community Affairs to find the Amendment regarding Belmere to be
"not in compliance" with the requirements of Chapter 163 , Florida
Statutes. City staff has also been in active communication with
appropriate County staff regarding Belmere and related issues.
Our efforts to persuade DCA to agree with the City were
unsuccessful. DCA found the Amendment "in compliance" and, as a
result, the Amendment has now become effective. Essentially, DCA
decided that the dispute involved local rather than statewide
issues. Following the decision of the DCA the City staff and City
Attorney evaluated the feasibility of filing an administrative
challenge to the Amendment. This would have involved an
administrative hearing before a hearing officer. The City would
have the burden of proof in such a proceeding. It was our
collective analysis that any such effort would be an uphill battle
in light of the DCA action. Further, we concluded that such an
appeal would be an expensive process for the City and would require
an extensive time commitment on the part of the City staff. Even
if such a challenge were successful, it is likely that it could be
cured by the County re-enacting the ordinance under proper
procedures and with proper supporting data. Based upon these
factors, the City Manager directed that we not file an
CNC-
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A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN, BRUSSELS, DRESDEN, FRANKFURT,LONDON, PARIS,SINGAPORE,STUTTGART AND TAIPEI 4✓"�'
The Honorable Mayor and City Commissioners
of the City of Ocoee
July 26, 1996
Page 2
administrative appeal challenging the Amendment. The City Attorney
concurred in this action.
The City Manager has now requested that I present to the
City Commission the issue regarding what action, if any, should be
taken with respect to the Petition for Certiorari. As indicated
above, the proceeding is currently stayed and no action is being
taken by either party. The available options are as follows:
(1) Take no action regarding the Petition. Under such
circumstance, the Court proceedings would stand still and
the continued expense would be minimal unless and until
either the City or County initiates further action.
(2) Pursue mediation regarding the dispute as contemplated by
the Joint Planning Area Agreement. This would bring the
City and County representatives together in a forum
mediated by the East Central Regional Planning Council.
Any such mediation would be non-binding on both parties.
(3) Dismiss the Petition. This would result in the action
being dropped and preclude any further avenue to
challenge the adoption of the Amendment.
(4) Actively proceed to move the case forward and obtain a
judicial determination. This approach would involve
additional expense and could be contrary to the mediation
provisions of the Joint Planning Area Agreement.
Direction is requested from the City Commission as to what action,
if any, should be taken with respect to the Petition for
Certiorari.
PER:dh
cc: Ellis Shapiro, City Manager
Russell B. Wagner, AICP, Director of Planning
James W. Shira, P.E. , City Engineer
John R. Hamilton, Esq.
The Honorable Mayor and City Commissioners
of the City of Ocoee
July 26, 1996
Page 3
bcc: Martha H. Formella, Esq.
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