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HomeMy WebLinkAbout01-15-91 SS ',-, OCOEE CITY COMMISSION SPECIAL SESSION WITH ORANGE COUNTY COMMISSION HELD ON JANUARY 15, 1991 This Joint Meeting with the Orange County Commissioners was called to order by Mayor Dabbs at 5:05 p.m. in the Commission Chambers. Mayor Dabbs led in the prayer and the pledge of allegiance to the flag. Orange County Commission Chairman Linda Chapin reconvened the Orange County Commission Meeting. Mayor Dabbs called the roll of the Ocoee City Commission and declared a quorum present. Present: Mayor Dabbs, Commissioners Combs, Foster, Johnson and Woodson. Orange County Commission Chairman Chapin, Commissioners Mable Butler, Bill Donegan, Fran Pignone, Tom Staley, Hal Marston and Vera Carter. Also present from Orange County: County Administrator Roger Neiswender, County Attorney Harry Stewart, Assistant Attorney Alison Yurko, Planning Department Manager Ed Williams, Department Secretary Jeaneve Wells, and Assistant Deputy Clerk Rosilyn Stapleton. Also Present: City Manager Shapiro, City Attorney Rosenthal and City Clerk Grafton. Absent: None '-' Discussion: ~ Mayor Dabbs requested City Manager Shapiro to give some background on the issues before this joint group. Mr Shapiro explained that approximately nine months ago the City had the first of two windows for annexations under the Comprehensive Plan. KenJen petitioned for annexation and rezoning and in exchange offered right-of-way for Clark Road. The City responded favorably to the petition. It was discussed with Orange County, which requested the annexation petition be rejected without prejudice since it was outside of the planning area. The City responded to this request. At the time this happened the City began looking at the planning area to the north and the utility service area to the north and northwest. The City was informed by Orange County that discussions would begin on the joint planning area to the north of the City and utility service areas of the City and Orange County. This never occurred. Six months later KenJen returned with another petition. Not only did the City need the right-of-way, but it also felt the property annexation was consistent with the Comprehensive Plan. At the last window, Orange County staff advised there would be no problem with the sprayfields since there really would be no change in land use and a golf course would be a welcome addition to the community. Approximately six months ago, the County prepared a document for the southern area for Windermere and neighboring towns. Ocoee never received the document but honored the requests not to annex those areas. '-' "-' ~ Page 2 Ocoee City Commission Joint Special Session January 15, 1991 City Attorney Rosenthal stated that in November the Ocoee Commission adopted annexation ordinances for KenJen South and North and the Sprayfield property. The ordinances were adopted subject to a Developer Agreement which provided Clark Road right-of-way. The agreement has now been executed. The City has annexed the three properties. The County notified the City that it reserved the right to sue and the Florida Statutes required this joint meeting in an effort to minimize litigation between governmental entities. There have been meetings with the County in an effort to resolve this issue without going to court. A settlement Agreement has been developed which has been agreed to by the property owners. KenJen North property would maintain zoning and comprehensive plan designation of the County and the property owner has agreed not to apply for zoning for a period of 24 months or until there is an amendment to the Joint Planning Agreement between the County and the City. After 24 months, the property owner can come to the City and apply for zoning or rezoning. The City proposes to do a rural village concept study involving the Clarcona area property owners. That would settle all aspects of the three annexations. Attorney Rosenthal clarified the following: 1. Joint Planning Agreement between the City of Ocoee and Orange County - This property being discussed today is outside of the joint planning area, and a major question raised is whether the City, under the joint planning agreement, can annex outside of the area. This agreement is not to affect the annexation authority of the City under Florida Statutes, it is designed to deal with planning and zoning type issues only. This property is not included in the scope of the agreement since the County has not responded to the request to amend the agreement to include it within its scope. A rendered opinion states that the joint planning agreement can be evoked in favor of annexation and not violate any part of the agreement. 2. 1984-1985 litigation dealing with future annexation agreement - This dealt with a specific parcel and was found to be not effective for the KenJen Parcel. The agreement was very specific in its inclusion of legal descriptions and did not recite the KenJen property. 3. Statute provides that a private property owner has a right to petition for annexation and the City has an obligation to respond, without restriction, to maintain its lawful position. 4. All discussions between staffs have been related to comprehensive planning and zoning and that is not an ordinance that has been considered by the City Commission. The City has enacted only an annexation ordinance and has specifically deferred to the action of the Orange County Commission for comprehensive planning and zoning and has told the property owners no rezoning petition would be entertained. In summary, Mr. Rosenthal explained that the County Commission could approve the settlement agreement or not approve it. If not approved, a judge will decide if the annexations of KenJen and the sprayfield property comply with law. '-" Page 3 Ocoee City Commission Joint Special Session January 15, 1991 Chairman Chapin stated she was grateful for the statutes that have brought the groups together and she would not wait for the enforcement of those statutes. She introduced those present. '-" Mr. Ed Williams agreed with Mr. Rosenthal in saying that the settlement agreement had the legal description attached. Most of the conditions and issues dealt with that particular property. A condition was added for the benefit of the Clarcona residents that the joint planning area boundary in the north would not be amended for a period of 5 years. The residents of that area feel any effort to annex or move the joint planning area up into the Clarcona rural village is inappropriate. Settlement of this lawsuit needs to deal with the issues of annexation and the lawsuit and not the larger issue of the Clarcona rural village, its boundaries, and what will be done to it and around it. There are additional provisions to protect these residents in the settlement agreement. It gives a 24 month period wherein there will be no rezoning. Clarcona residents would like to have the settlement agreement say that their boundaries will be recognized, protected and will be left intact. Mr. Williams expressed the opinion that the settlement agreement was not the proper place for that, but rather the issue should be incorporated in the joint planning area agreement. The recommendation tonight was to accept the settlement agreement. There was recently a recommendation by the City Manager and City Attorney that the City of Ocoee will fund a study for the Clarcona rural village. Mr. Stewart felt that this agreement is about as much protection as is available at this time. He agreed with Mr. Rosenthal, but did think there was more flexibility in a joint planning area agreement. Commissioner Carter asked for clarification of the substance of the planning agreement. In answer to Chairman Chapin's question regarding why even annex the KenJen property at all, Attorney Rosenthal responded with the information that the right-of-way for Clark Road was a part of the annexation. It was agreed that the KenJen property will be part of the Clarcona rural village plan upon completion of the comprehensive plan. As such, the zoning becomes important. There seems to be no intention to rezone except that Ocoee does not have an agricultural category. It appears the property will not be rezoned in the 24 months. The City will use as much of the rural village study as is possible. Ms. Lynn Wright, KenJen representative, reviewed the history of the annexation. She restated that her client had no plans for the ~ property and no plans for a specific zoning. She referred to the right-of-way agreement as favorable. The property will stay a burnt out orange grove for 24 months or until the comprehensive plan has been amended. '-'" Page 4 Ocoee City Commission Joint Special Session January 15, 1991 Mr. Kevin Shaughnessy, representing Clarcona area, stated that this is a rural area, and that, traditionally, Clarcona and Ocoee have had problems. The County has recognized Clarcona as an historical rural village in the latest Comprehensive Plan draft. There have been agreements with Ocoee and Orange County in the past that have been violated when a new Ocoee administration took office. Clarcona has spent the past 2 years working with Orange County on the Comprehensive Plan. Since it is so that once a property is annexed it can no longer be a part of a rural village, the residents of the area do not believe a joint planning agreement is the solution. He offered a substitute agreement that took exception to Mr. Rosenthal's agreement only in that it required Ocoee to enter into a joint planning agreement with Orange County to preserve the rural village as currently established. Mayor Dabbs admitted not being prepared to accept this agreement since he had not seen it before. There was reservation expressed with regard to this agreement presented tonight. The citizens of Clarcona want recognition. A joint planning agreement appears to be the best solution. Mayor Dabbs requested a vote on this issue. ~ Commissioner Carter, seconded by Commissioner Marston, moved to approve a settlement agreement with the City of Ocoee which involves the understanding that there will be a Joint Planning Agreement before the end of two years which will respect the needs of the citizens of Clarcona. There was considerable discussion regarding the time element. Since there are other entities involved with Ocoee in current discussions bearing on this same issue, it was difficult to resolve the time issue, but two years seemed a reasonable increment. Commissioner Staley stated he felt the real issues of Clarcona were not being addressed in this motion and when the vote was called for Commissioner Staley voted "nay", all others "aye". Motion carried. Commissioner Woodson, seconded by Commissioner Johnson, moved to approve a settlement agreement with Orange County which involves the understanding that there will be a Joint Planning Agreement before the end of two years which will respect the needs of the citizens of Clarcona. The motion carried unanimously. The Special Session of the Ocoee City Commission was adjourned at 6:15 p.m. The Meeting of the Orange County Commission was adjourned at 6:15 '-'" p.m. ATTEST:~ ~ C Y Clerk APPROVED: