HomeMy WebLinkAboutD. Discussion Of Comprehensive Planning Act Vis-A-Vis Urban Sprawl (Winter Garden)C 0UNTY tJT r0R.NrF7tr'S OFFICE
I THOMAS J. 117IL
zol s � I�r County Attornct
uu .h Rosalind A -nue • 5th Floor y RECEIVED
C tm�'
Rcp1J 1'0. Post OMcc Box1393
11 Orlando, Florida 32902.1393 N O Y 4 1997GOVERI'ViN ENT (407) 8-36.7320 • Fax (407) 8W -5&M
a t. o a t n A hltl�:/hn"�•.citlzcns•first.co.orange.11.us
MEMORANDUl1 OFFICE 8F THE CAO
Drpury Carrnry Attorney TO: Dana Boyte, Aide to Commissioner Freeman, District 1
Jefrrey J. Newton C
FROM: Joel Prinsell, Senior Assistant County Attorney
SerriarAssLttarrtCorrrrry•
`'"°r"°n DATE: October 24, 1997
Joseph L. Pnssiatore
Joel D Pnmell SUBJECT: "Urban Preservation Districts"
- -- Draft Legislation
Asslrtanr County
Attorneys
Linda S. Akins As you requested recently, we have prepared the attached draft of a bill dated
A. Bryant Applegate October 24th which would accomplish what we understand is Commissioner Fre
Lin T. CarBrehmerLanosa intention as expressed by his October 10th memorandum to Jean Benne
Icy T. Carmichael
P Freeman's
Paul H. Chipok any questions about the draft, please call me. Bennett. If you have
William J. E. Clague
K. Kaye collie You may also want to contact Legislative Liaison Lois Guarnaschelli regarding
George L. Dorsett the additional steps which need to be taken in order to offer to the Legislative Delegation
John A.
Qe''"l; a special act such as this. The Legislature generally, as well as our Legislative
Alan Lawson
Delegation, prescribe a number of additional steps that must be taken before the bill
James A. hloraland
Lynn P. Porter -Carlton be considered. A copy of selected pages of the `'Local Bill Policies and Procedu als will
Carol Levin Reiss Manual," which we obtained from Lois, is attached. Also, the form required for
describing the "economic impact" of the proposed bill is attached. Apparently,
Le;aupetris rrrall,e completion of the economic impact form is one of the requirements pertainto s ecial
SnpnvLtor
acts (the requirement does not exist for general legislation). P
Jamcs W. Roos. Jr.
ParoleyaLr If Nve can be of further assistance with regard to any of the foregoing, please let us
John P. Dougherty know.
Pati Fleshrr CLAS
JDP:ccw
Attachments -
cc: Jean C. Bennett, County Administrator
Tom Wilkes, County Attorney
Robert P. Spivey, Assistant to the County Administrator
M. Lane Stephens, Governmental Affairs Consultant
Lois Guarnaschelli, Administrative Assistant, Legislative Delegation Office
Bruce M. McClendon, Director, Planning and Development Division
David C. Heath, Manager, Planning Department
ccwicorrespldlstl `�
DRAFT
10/24/97
A Bill to be Entitled
7 An Act relating to Orange County; Authorizing the Board of
County Commissioners of Orange County to Designate "Urban
9 Preservation Districts" in Areas of the County Lying Outside of
Municipalities; Establishing Procedures for the Voluntary
11 Annexation of Urban Preservation Districts; Providing Effective
Dates and Providing for Approval at Referendum as Required by
13 Art. VIII, subset 1(g), of the Constitution of the State of Florida.
15
17 Be It Enacted by the Legislature of the State of Florida:
19
Section 1. Designation of Urban Preservation Districts. The Board of County
21 Commissioners of Orange County may from time to time designate as "urban preservation districts"
any area or areas of Orange County which lie outside the boundaries of any municipality, which are
23 predominantly urban in character, and which have existing historical and cohesive residential
communities.
25 Section 2. Procedure for Voluntary Annexation of Urban Preservation Districts.
Voluntary annexation of any part or all of a designated urban preservation district may occur only
27 if the annexation is approved both by a majority of the board of county commissioners after an
advertised public hearing and by a majority of the electors residing within the urban preservation
29 district and voting in a referendum on the question, the referendum to be held in accordance with
Florida laws pertaining to .annexation elections. The board of county commissioners may adopt
31 regulations and procedures to implement this method of voluntary annexation.
1
I Section 3. Effective dates. (a) This section shall take effect upon this act becoming a law.
As required by subsection 1(g) of article VIII of the Constitution of the State of Florida, the
3 remaining sections shall take effect only if and when this act is approved by a majority of the
electors residing in Orange County and voting at referendum on the question set forth in subsection
5 (b).
(b) The board of county commissioners shall offer to the electors of Orange County, at a
7 referendum to be held on or before the General Election in 1998, the following question:
9 "URBAN PRESERVATION DISTRICTS" AND
"VOLUNTARY" ANNEXATIONS BY MUNICIPALITIES
11
13 SHALL THE BOARD OF COUNTY COMMISSIONERS IN ORANGE COUNTY BE
EMPOWERED BY SPECIAL LAW TO DESIGNATE "URBAN PRESERVATION
15 DISTRICTS" FROM TIME TO TIME IN AREAS LYING OUTSIDE OF
MUNICIPALITIES AND MEETING CERTAIN OTHER CRITERIA, WITH ALL
17 LANDS IN SUCH DISTRICTS THEREAFTER BEING ELIGIBLE LEGALLY FOR
"VOLUNTARY" ANNEXATION BY A MUNICIPALITY ONLY UPON APPROVAL
19 BOTH BY THE BOARD AFTER PUBLIC HEARING AND BY THE ELECTORS
RESIDING IN THE DISTRICT AND VOTING ON THE QUESTION?
21 YES
23 sac:ord/reso:spclact
NO
PJ