VII (F) Resolution 2002-17 re: Opposition to the Proposed Orange County Ordinance Authorization the Pine Castle/Sky Lake Urban Preservation District Agenda 8-20-2002
Item VII F
RESOLUTION NO. 2002-17
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
URGING THE ORANGE COUNTY BOARD OF COUNTY
COMMISSIONERS TO NOT ADOPT A PROPOSED
ORDINANCE REGARDING "THE PINE CASTLE/
SKYLAKE URBAN PRESERVATION DISTRICT
WHEREAS, one or more members of the Board of County Commissioners of Orange County
is seeking to enact an ordinance to designate certain property lying outside current municipal
boundaries as the "Pine Castle/Sky Lake Urban Preservation District"; and
WHEREAS, the proposed ordinance would give the Board of County Commissioners an
absolute veto power over voluntary annexations in such designated areas; and
WHEREAS, the proposed ordinance would also require that a majority of the electors in the
designated "Pine Castle/Sky Lake Urban Preservation District" approve such a voluntary
annexation, thus effectively giving veto power to an annexing property owner's neighbors and
others who themselves may not be seeking annexation; and
WHEREAS, the proposed ordinance is contrary to both traditional municipal home rule and
the principles of private property rights, in that it would allow both the Board of County
Commissioners and surrounding property owners to restrict a citizen's right to obtain
municipal services through voluntary annexation; and
WHEREAS, the proposed ordinance does not provide adequate criteria for determining which
areas are appropriate for the "Urban Preservation District" designation and places the matter
solely within the unfettered discretion of the Board of County Commissioners; and
WHEREAS, the proposed ordinance impedes a property owner's right to receive urban
services in the most efficient and cost-effective manner; and frustrates the ability of
municipalities to plan for and deliver those urban services; and
WHEREAS, the proposed ordinance does not prevent the Board of County Commissioners
from establishing `Urban Preservation Districts" inside existing municipal annexation
territories as established by pre-existing joint planning agreements; and
WHEREAS, other less restrictive and intrusive measures exist for protection of urban areas in
the County which have existing historical and cohesive residential characteristics; and
WHEREAS, the proposed ordinance would allow the County to arbitrarily manipulate future
municipal boundaries.
NOW, THEREFORE, be it resolved:
1. The City of Ocoee opposes the proposed ordinance regarding "The Pine
Castle/Sky Lake Urban Preservation Districts."
2. The City of Ocoee further urges the Orange County Board of County
Commissioners to not adopt the proposed ordinance.
PASSED AND ADOPTED this day of , 20 .
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk: S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY
BY THE CITY OF OCOEE, FLORIDA; COMMISSION ON THE ABOVE
APPROVED AS TO FORM AND LEGALITY DATE UNDER AGENDA ITEM NO.
this day of , 20 .
FOLEY & LARDNER
By:
City Attorney
-2-
August 14, 2002
Chairman Richard Crotty
Orange County Administration Building
201 South Rosalind Avenue
Orlando, FL 32801
RE: Proposed Pine Castle/Sky Lake Preservation District
Dear Chairman Crotty:
I want to express my opposition to Orange County's proposed Pine Castle/Sky Lake
Urban Preservation District. I believe that the formation of this district is not well
reasoned and is bad public policy.
For a number of years, the County has proposed and approved urban and rural
preservation districts. The City believes that such districts are a fundamental
infringement on the power and authority granted to municipalities by the Florida
Legislature. Essentially, Orange County is attempting to usurp the voluntary annexation
power granted to Cities by the Florida Legislature.
Should the County proceed with a referendum on the proposed Pine Castle/Sky Lake
Urban Preservation District, I am prepared to recommend to City Council that we join
other Cities in Orange County in a legal suit to challenge this action. While 1 regret that
the City has been forced to take this position, the issue at hand is of such critical concern
that I believe no other course of action is possible.
Once again, I urge you to reconsider the creation of the Pine Castle/Sky Lake Urban
Preservation District because it does not foster good intergovernmental cooperation with
Orange County's municipalities and is not in the best interest of the residents we serve.
Sincerely,
Mayor
xc: Orange County Council of Mayors
City Commissioners
County Commissioners
RESOLUTION
OF THE ORANGE COUNTY
COUNCIL OF MAYORS
A RESOLUTION IN OPPOSITION TO THE PROPOSED ORANGE
COUNTY ORDINANCE AUTHORIZING THE PINE CASTLE/SKY
LAKE URBAN PRESERVATION DISTRICT.
WHEREAS, one or more members of the Board of County Commissioners of
Orange County is seeking to enact an ordinance to designate certain property lying
outside current municipal boundaries as the "Pine Castle/Sky Lake Urban Preservation
District"; and
WHEREAS, the proposed ordinance would give the Board of County
Commissioners an absolute veto power over voluntary annexations in such designated
areas; and
WHEREAS, the proposed ordinance would also require that a majority of the
electors in the designated "Pine Castle/Sky Lake Urban Preservation District" approve
such a voluntary annexation, thus effectively giving veto power to an annexing property
owner's neighbors and others who themselves may not be seeking annexation; and
WHEREAS, the proposed ordinance is contrary to both traditional municipal
home rule and the principles of private property rights, in that it would allow both the
Board of County Commissioners and surrounding property owners to restrict a citizen's
right to obtain municipal services through voluntary annexation; and
1
WHEREAS, the proposed ordinance does not provide adequate criteria for
determining which areas are appropriate for the"Urban Preservation District" designation
and places the matter solely within the unfettered discretion of the Board of County
Commissioners; and
WHEREAS, the proposed ordinance impedes a property owner's right to receive
urban services in the most efficient and cost-effective manner; and frustrates the ability of
municipalities to plan for and deliver those urban services; and
WHEREAS, the proposed ordinance does not prevent the Board of County
Commissioners from establishing "Urban Preservation Districts" inside existing
municipal annexation territories as established by pre-existing joint planning agreements;
and,
WHEREAS, other less restrictive and intrusive measures exist for protection of
urban areas in the County which have existing historical and cohesive residential
characteristics; and
WHEREAS, the proposed ordinance would allow the County to arbitrarily
manipulate future municipal boundaries.
NOW, THEREFORE, be it resolved:
1. Orange County Council of Mayors opposes the proposed ordinance
regarding"The Pine Castle/Sky Lake Urban Preservation Districts."
2
2. Orange County Council of Mayors further urges the Orange County Board
of County Commissioners to not adopt the proposed ordinance
BE IT FURTHER RESOLVED, that this Resolution shall take effect upon
execution by the undersigned members of the Orange County Council of Mayors.
DONE AND RESOLVED this 131 day of August,2002.
CITY OF APOPKA
John H. Land, Mayor
ATTEST-
City Clerk
(seal)
3
CITY OF BELLE ISLE
Bill Brooks, Mayor
ATTEST:
City Clerk
(seal)
*****
CITY OF EATONVILLE
Anthony Grant, Mayor
ATTEST.
City Clerk
(seal)
4
CITY OF EDGEWOOD
Diane D'Aurora, Mayor
ATTEST:
City Clerk
(seal)
CITY OF MAITLAND
Sasha Rizzo, Mayor
ATTEST:
City Clerk
(seal)
5
CITY OF OAKLAND
Jon VanderLey, Mayor
ATTEST:
City Clerk
(seal)
CITY OF OCOEE
S. Scott Vandergrift, Mayor
ATTEST:
City Clerk
(seal)
6
CITY OF ORLANDO
Glenda E. Hood, Mayor
ATTEST.
City Clerk
(seal)
•*xa<
CITY OF WINDERMERE
Bill Osborne, Mayor
ATTEST.
City Clerk
(seal)
7
CITY OF WINTER GARDEN
Jack G. Quesinberry, Mayor
ATTEST:
City Clerk
(seal)
*****
CITY OF WINTER PARK
Roland Hotard, 111, Mayor
ATTEST:
City Clerk
(seal)
8