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Home My WebLink AboutItem #10 Adoption of Conflict Resolution April 1, 2008 Agenda Item # 1 0 RESOLUTION ATTACHED Distributed on dais April 1, 2008, after the original agenda was published. RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, ADOPTED PURSUANT TO SECTION 164.1052, FLORIDA STATUTES, DECLARING THE INTENT OF THE CITY COMMISSION TO INITIATE THE CONFLICT RESOLUTION PROCEDURES SET FORTH IN CHAPTER 164, FLORIDA STATUTES; INCORPORATING CERTAIN RECIT ALS INTO THIS RESOLUTION; FINDING THAT A CONFLICT EXISTS WITH THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA AND THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, FLORIDA ARISING FROM THE PROPOSAL OF THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA TO BUILD A NEW EVANS HIGH SCHOOL FACILITY ON ALL OR A PORTION OF CERTAIN LANDS OWNED BY THE ORANGE COUNTY SCHOOL BOARD, SUCH LANDS BEING LOCATED IN UNINCORPORATED ORANGE COUNTY NEAR THE CORPORATE LIMITS OF THE CITY OF OCOEE AND EITHER WITHIN OR ADJACENT TO THE CLARCONA RURAL SETTLEMENT; DIRECTING THE CITY MANAGER TO PREPARE AND FORWARD A CERTIFIED COPY OF THIS RESOLUTION AND THE REQUIRED CERTIFIED LETTER TO THE CHAIRMAN AND SUPERINTENDENT OF THE ORANGE COUNTY PUBLIC SCHOOLS AND THE MAYOR AND COUNTY ADMINISTRATOR OF ORANGE COUNTY, FLORIDA, PURSUANT TO SECTION 164.1052, FLORIDA STATUTES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE ALL STEPS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the School Board of Orange County, Florida (the "School Board") owns approximately 78.57 acres of land located in unincorporated Orange County which are identified by the following Property Appraiser Parcel ID Numbers: 15-22-28-0000-00-009 ("Parcel ORLA_968742.2 9"), 10-22-28-0000-00-015 ("Parcel IS"), and 10-22-28-0000-00-017 ("Parcel 17") (Parcel 9, ParcellS and Parcel 17 being collectively referred to as the "School Board Property"); and WHEREAS, a portion of the School Board Property is located within the Clarcona Rural Settlement; and WHEREAS, the School Board Property is located near the corporate boundary of the City of Ocoee; and WHEREAS, Orange County, Florida (the "County") and the City of Ocoee, Florida (the "City") have heretofore entered into a Joint Planning Area Agreement dated February 11, 1994, such agreement being in furtherance of the settlement of litigation between the County and the City (the "JP A Agreement"); and WHEREAS, a stated purpose of the JP A Agreement was to protect the Clarcona Rural Settlement and to foster the objectives of the Orange County Comprehensive Policy Plan with respect to rural settlements; and WHEREAS, in furtherance of such stated purpose of the JP A Agreement, the City voluntarily restricted its annexation powers and agreed that it would not annex into the corporate limits of the City any lands located in the Clarcona Rural Settlement; and WHEREAS, the protection of the Clarcona Rural Settlement was material to the agreement of the City and the County to enter into the JP A Agreement; and WHEREAS, the School Board applied to the County for the rezoning of the School Board Property from R-CE and R-IA to PD (Planned Development District) and to approve the Evans Replacement High School PD Land Use Plan dated "Received August 31,2007", which rezoning request was processed through the County under Case RZ-07-07-051 (the "School Board Rezoning Application"); and ORLA_968742.2 -2- WHEREAS, on February 19, 2008, the Board of County Commissioners of the County ("BCC") denied the School Board Rezoning Application; and WHEREAS, there have been reports of discussions between the respective staffs of the County and School Board regarding possible settlements which could result in the building of the new Evans High School facility on all or a portion of the School Property; and WHEREAS, on March 4, 2008 the School Board held a Work Session to discuss options for the building of the new Evans High School facility, including the option of building a new Evans High School on Parcel 9 which is an approximate 24.94 acre parcel which is zoned R-IA and included within the School Board Property, but outside ofthe Clarcona Rural Settlement; and WHEREAS, the County regulates the siting of public schools under Article XVlII of Chapter 38 ofthe Orange County Code (the "County Public School Siting Regulations"); and WHEREAS, the County Public School Siting Regulations set forth certain site standards for high school sites which include but are not limited to a minimum net lot area and a maximwn building height; and WHEREAS, the building of the new Evans High School facility on Parcel 9 requires the review and approval of the BCC pursuant to the County Public School Siting Regulations, which approvals may include but are not be limited to a special exception to allow a high school in an R- IA zoning district and/or a modification of the school site criteria and site standards; and WHEREAS, the City Commission of the City of Ocoee ("Ocoee City Commission") is opposed to the School Board Rezoning Application and supports the decision of the BCC to deny such application; and WHEREAS, the Ocoee City Commission opposes the building of the new Evans High School facility on Parcel 9 and further opposes any plan to build athletic facilities within the ORLA_968742.2 -3- Clarcona Rural Settlement which would be in furtherance of the building of the new Evans High School facility on Parcel 9; and WHEREAS, the Ocoee City Commission opposes any modification of the school site standards as they are applied to the Property or any portion thereof, including but not limited to those related to the minimum net lot area and the maximum building height; and WHEREAS, the Ocoee City Commission supports the building of the new Evans High School facility on the existing Maynard Evans High School campus; and WHEREAS, the Ocoee City Commission has a vital public interest in protecting the Clarcona Rural Settlement based on the objectives the lP A Agreement and the agreement of the City to voluntarily restrict its annexation powers; and WHEREAS, the Ocoee City Commission has a vital public interest in protecting the residents of the City of Ocoee from potential adverse impacts which could arise from the building of the new Evans High School facility on the School Board Property or on Parcel 9; WHEREAS, a conflict exists between the Ocoee City Commission and the School Board with respect to the building of the new Evans High School facility on the School Board Property or any portion thereof; and WHEREAS, a conflict exists between the Ocoee City Commission and the BCC based on reports that the BCC may favorably consider a request from the School Board with respect to the building of the new Evans High School facility on Parcel 9 and the inability of City representatives to participate in such discussions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: ORLA_968742.2 -4- SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida, and Chapters l64 and l66, Florida Statutes. SECTION 2. The above recitals are hereby incorporated into and made a part of this Resolution. SECTION 3. The City Commission of the City ofOcoee, Florida, hereby expresses its intent to initiate the conflict resolution procedure pursuant to Section 164.1052, Florida Statutes, with The School Board of Orange County, Florida ("School Board") and the Board of County Commissioners of Orange County, Florida ("BCC") concerning the building of the new Evans High School facility on Parcel 9 and/or the School Board Property. SECTION 4. The City Commission of the City of Ocoee, Florida finds that it has a conflict with the School Board and the BCC. The issues in conflict include but are not limited to: (i) the building of the new Evans High School facility on Parcel 9 and/or the School Board Property, (ii) the modification of the minimum net lot area and maximum building height provisions of the County Public School Siting Regulations as they relate to the building of the new Evans High School facility on Parcel 9 and/or the School Board Property, (iii) the protection of the Clarcona Rural Settlement from the adverse impacts which could arise from the building of the new Evans High School facility on Parcel 9 and/or the School Board Property, and (iv) the protection of the residents of the City of Ocoee from the adverse impacts which could arise from the building of the new Evans High School facility on Parcel 9 and/or the School Board Property. SECTION 5. The City Commission of the City of Ocoee, Florida, hereby directs the City Manager to forward a certified copy of this Resolution, as well as the required ORLA_968742.2 -5- Conflict Resolution Letter, to the Chainnan and Superintendent of the Orange County Public Schools and to the Mayor and County Administrator of Orange County, Florida within five (5) days of adoption ofthis Resolution, by certified mail, return receipt requested, pursuant to Section 164.1052(1), Florida Statutes. The Conflict Resolution Letter shall include all items required by Section 164.1 052(1), Florida Statutes, including without limitation: a. Description of the conflict between the City of Ocoee and the School Board and the BCC. b. List of the governmental entities with which the City of Ocoee has a conflict. c. The City of Ocoee's justification for initiating the conflict resolution procedures under Chapter 164, Florida Statutes. d. A proposed date and place for the Conflict Assessment Meeting required by Section 164.1053, Florida Statutes. e. Suggestions as to which individuals should be in attendance at the Conflict Assessment Meeting. SECTION 6. The City Manager is directed to also send a copy of the letter to any other state, county or other local governmental entity that may have a role in implementing any terms of any settlement arising out of the Conflict Assessment Meeting, or whose interests may be substantially affected by the resolution of the conflict, or any other governmental unit the City Manager deems appropriate. SECTION 7. The appropriate City officials are hereby authorized and directed to take all steps necessary to effectuate this Resolution. SECTION 8. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of ORLA_968742.2 -6- competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 10. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 1 st day of April, 2008. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. G.10 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 1 st day of April, 2008. FOLEY & LARDNER LLP By: Paul E. Rosenthal, City Attorney ORLA_968742.2 -7-