HomeMy WebLinkAbout2001 07 09 Consent G Joint Planning Agreement
COMMISSION AGENDA
ITEM G
Consent X
Informational
Public Hearing
Regular
July 9, 2001
Regular Meeting
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Mgr~ ~ Dept.
Authorization
REQUEST:
City Attorney is requesting that the City Commission consider the City
Manager's request that a Resolution be submitted to the Florida League of
Cities Resolutions Committee regarding when a governmental entity is
subject to the terms of a Joint Planning Agreement.
PURPOSE:
The City Commission requested at the June 25,2001 Regular Meeting that
a Resolution regarding when a governmental entity is subject to the terms
of a Joint Planning Agreement, be drafted and upon approval, be
forwarded to the Florida League of Cities Resolutions Committee.
CONSIDERATIONS:
At the June 25th, 2001 Regular Meeting of the City Commission, City
Manager Ronald W. McLemore advised the Commission that "I
personally think we should ask the legislature to go back and deal with this
JP A issue that we currently have with the City of Oviedo, and the County
which would require all parties would have to be party to it, that are
affected by it. I think that should be a legislative issue."
The Commission agreed that Manager McLemore and Attorney Garganese
should bring back a Resolution dealing with this issue, for consideration at
the next City Commission Meeting.
CITY OF WINTER SPRlNGS
REGULAR MEETING - JUL Y 9, 2001
CONSENT AGENDA ITEM uG"
PAGE2 OF 2
The deadline for the City of Winter Springs to submit a proposed
Resolution to the Florida League of Cities was designated as July 20, 2001
in correspondence from the Florida League of Cities.
FUNDING:
None required.
RECOMMENDATIONS:
It is recommended that the City Commission approve the attached
Resolution Number 2001-29, which will be forwarded to the Florida
League of Cities Resolutions Committee.
ATTACHMENTS:
A. An excerpt from the June 25,2001 Minutes.
B. Resolution Number 2001-29
(Resolution 2001-29 will be available on or before Monday, July 9,
2001)
COMMISSION ACTION:
ATTACHMENT
"A"
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JUNE 25, 2001
PAGE 23 OF 30
"MY RECOMMENDATION WOULD BE TO TABLE IT UNTIL THE NEXT
MEETING GIVING STAFF AN OPPORTUNITY TO GO BACK AND
DETERMINE WHETHER OR NOT THE BOARD OF ADJUSTMENTS FOUND
THAT IT MET THE SIX (6) REQUIREMENTS." MOTION BY
COMMISSIONER BLAKE.
MAYOR PARTYKA STATED, "THERE IS A MOTION AND A SECOND. THE
TABLE IS OUT OF ORDER AT THIS POINT." FURTHER DISCUSSION BY
COMMISSIONER GENNELL ON THE REQUEST FOR THE VARIANCE.
COMMISSIONER GENNELL TOLD COMMISSIONER BLAKE THAT, "I
AGREE WITH YOU, IT MIGHT HAVE BEEN NICER TO HAVE THINGS
DONE POINT BY POINT."
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER GENNELL: AYE
MOTION CARRIED.
REGULAR
D. Not Used
REGULAR
E. City Manager
Requesting That The City Commission Designate One Member From The
Commission To Represent The City Of Winter Springs At The Annual Business
Session Of The Florida League Of Cities Annual Conference; And Determine If
There Are Any Issues That The City Would Like To Submit In The Form Of A
Resolution For Consideration By The Resolutions Committee.
Mayor Partyka stated, "On point A of that, I believe that is clear. If I should attend and I
plan to attend, I should be the representative."
Regarding the other part of this Agenda Item, Manager McLemore stated, "I personally
think we should ask the legislature to go back and deal with this JP A issue that we
currently have with the City of Oviedo, and the County which would require all parties
would have to be party to it, that are affected by it. I think that should be a legislative
issue."
Discussion.
Tape 4/Side B
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JUNE 25, 2001
PAGE 24 OF 30
With further discussion, the Commission agreed that Manager McLemore and Attorney
Garganese would bring back a Resolution at the next City Commission Meeting.
REGULAR
F. Office Of The City Clerk
Requests That The City Commission Decide On The Appropriate Appointments Or
Reappointments For Terms Of Office Which Will Be Expiring In July 2001 -
Specifically Regarding Several Members Of The Beautification Of Winter Springs
Board; The Board Of Adjustment; The Code Enforcement Board; The Planning
And Zoning Board/Local Planning Agency; The Tuscawilla Lighting And
Beautification District Advisory Committee; And Additionally, The Terms Of Office
Which Will Be Expiring In August 2001 - Specifically Regarding Several Members
Of The Oak Forest Wall And Beautification District Advisory Committee.
Commissioner Miller said that for the Beautification of Winter Springs Board, he would
hold that in abeyance.
"FOR THE BOARD OF ADJUSTMENT, ELIZABETH RANDALL, I WOULD
LIKE TO REAPPOINT HER." MOTION BY COMMISSIONER MILLER.
SECONDED BY COMMISSIONER GENNELL. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McLEOD: AYE
COMMISSIONER GENNELL: AYE
MOTION CARRIED.
"FOR THE CODE ENFORCEMENT BOARD, I WOULD LIKE TO APPOINT
GREGORY ROERO." MOTION BY COMMISSIONER MILLER. SECONDED.
DISCUSSION. COMMISSIONER GENNELL ASKED, "THAT'S IN PLACE OF
WHO, ON CODE ENFORCEMENT?" COMMISSIONER BLAKE SAID, "CODE
ENFORCEMENT IS DIFFERENT, WE DON'T HAVE INDIVIDUAL SEATS
THERE." COMMISSIONER GENNELL STATED, "NO, WE DON'T, AND I
THINK MAYBE WE WANT TO ADDRESS THAT LATER BY ORDINANCE OR
SOMETHING."
VOTE:
DEPUTYMAYORMcLEOD: AYE
COMMISSIONER GENNELL: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
ATTACHMENT
"B "
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RESOLUTION NO. 2001-29
A RESOLUTION OF THE CITY OF WINTER SPRINGS,
FLORIDA, SUBMITTING A PROPOSAL TO THE FLORIDA
LEAGUE OF CITIES; SUBMITTING A PROPOSAL TO THE
FLORIDA LEAGUE OF CITIES; SEEKING AMENDMENT
OF CHAPTER 163, FLORIDA STATUTES, TO REQUIRE A
GOVERNMENT ENTITY TO BE A PARTY TO A JOINT
PLANNING AGREEMENT PRIOR TO BEING SUBJECT TO
THE TERMS AND CONDITIONS OFTHE JOINT PLANNING
~GREEMENT; PROVIDING AN EFFECTIVE DATE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the purpose of S 163.3161 et. seq., Florida Statutes, known as the "Local
Government Comprehensive Planning and Land Development Regulation Act", to utilize and
strengthen the existing role, processes, and powers of local governments in the establishment
implementation of comprehensive planning programs to guide and control future development; and.
WHEREAS, it is the further intent of this Act to encourage and assure cooperation between
and among municipalities and counties and to encourage and assure coordination of planning and
development activities of units oflocal government with the planning activities of regional agencies
and state government in accord with applicable provisions of law; and
WHEREAS, it is also the intent of this Act that all rules, ordinances, regulations, and
programs adopted under the authority of this Act must be developed, promulgated, implemented,
and applied with sensitivity for private property rights and not be unduly restrictive, and property
owners must be free from actions of others which would harm their property; and
WHEREAS, S 163.3177(6)(h) 1.a., Florida Statutes, provides municipalities and counties,
as part of the intergovernmental coordination elements of its comprehensive plan, shall provide
procedures to identify and implement joint planning areas, especially for the purpose of annexation,
municipal incorporation, and joint infrastructure service areas; and
WHEREAS, it is the purpose of Chapter 171, Florida Statutes, known as the "Municipal
Annexation or Contract Act", to provide procedures for adjusting the boundaries of municipalities
through annexations or contractions of corporate limits and to set forth criteria for determining when
annexations or contractions may take place; and
WHEREAS, S 171.044, Florida Statutes, provides that an owner or owners of real property
in an unincorporated area ofa county which is contiguous to a municipality and reasonably compact
may petition the governing body of said municipality that said property be annexed to the
City of Winter Springs
Resolution 2001-29
Page I of 3
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municipality; and
\VHEREAS, there may, from time to time, be property located within unincorporated areas
of the county, which is contiguous to and reasonably compact with more than one municipality; and
WHEREAS, in conjunction with the "Local Government Comprehensive Planning and Land
Development Regulation Act" a single municipality may enter into a Joint Planning Agreement with
a County, to the exclusion of another municipality, for property located in the unincorporated portion
of the county; and
WHEREAS, in accordance with Chapter 171, Florida Statutes, a property owner may
voluntarily request annexation into the municipality which is not party to the Joint Planning
Agreement, entered into between the county and neighboring municipality; and
WHEREAS, the Division of Administrative Hearings, for the State of Florida, in 1000
Friends o/Florida, Inc. v. Department o/Community Affairs and the City o/Stuart (200 I WL 43973
(January 11,2001)) found that annexations are controlled by Chapter 171 ofthe Florida Statutes; and
\VHEREAS, the application or enforcement of a Joint Planning Agreement on a non-party
municipality is a derogation of the powers vested in the non:-party municipality under the Florida
Municipal Home Rule Powers Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WINTER SPRINGS,
FLORIDA AS FOLLOWS:
1. Chapter 163, Florida Statutes, should be amended to make clear, that while Joint Planning
Agreements are desirable to provide procedures to identify and implement joint planning
areas, especially for the purpose of annexation, municipal incorporation, and joint
infrastructure service areas; Joint Planning Agreements are not to be entered into and used
to thwart otherwise lawful annexations by non-party municipalities or to dissuade
landowners from electing between two or more competing municipalities, which meet the
criteria for annexation or to thwart otherwise lawful municipal actions.
2. Chapter 163, Florida Statutes, should be amended to specifically state that terms and
conditions agreed upon and evidenced by the execution of a Joint Planning Agreement, are
not effective or controlling upon a non-party municipality.
3. The effective date of this Resolution shall be immediately upon its passage.
City of Winter Springs
Resolution 2001-29
Page 2 of 3
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DONE AND ADOPTED in regular session of the City Commission of the City of Winter
Springs, Florida this _ day of July 2001.
CITY OF WINTER SPRINGS
Paul P. Partyka
Mayor
Attest:
Andrea Lorenzo-Luaces
City Clerk
City of Winter Springs
Resolution 2001-29
Page 3 of 3
RESOLUTION NO. 2001-29
A RESOLUTION OF THE CITY OF WINTER SPRINGS,
FLORIDA, SUBMITTING A PROPOSAL TO THE FLORIDA
LEAGUE OF CITIES; SUBMITTING A PROPOSAL TO THE
FLORIDA LEAGUE OF CITIES; SEEKING AMENDMENT
OF CHAPTER 163, FLORIDA STATUTES, TO REQUIRE A
GOVERNMENT ENTITY TO BE A PARTY TO A JOINT
PLANNING AGREEMENT PRIOR TO BEING SUBJECT TO
THE TERMS AND CONDITIONS OFTHE JOINT PLANNING
AGREEMENT; PROVIDING AN EFFECTIVE DATE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the purpose of ~163.3161 et. seq., Florida Statutes, known as the "Local
Government Comprehensive Planning and Land Development Regulation Act", to utilize and
strengthen the existing role, processes, and powers of local governments in the establishment
implementation of comprehensive planning programs to guide and control future development; and.
WHEREAS, it is the further intent of this Act to encourage and assure cooperation between
and among municipalities and counties and to encourage and assure coordination of planning and
development activities of units oflocal government with the planning activities ofregional agencies
and state government in accord with applicable provisions of law; and
WHEREAS, it is also the intent of this Act that all rules, ordinances, regulations, and
programs adopted under the authority of this Act must be developed, promulgated, implemented,
and applied with sensitivity for private property rights and not be unduly restrictive, and property
owners must be free from actions of others which would harm their property; and
WHEREAS, ~163.3177(6)(h)l.a., Florida Statutes, provides municipalities and counties,
as part of the intergovernmental coordination elements of its comprehensive plan, shall provide
procedures to identify and implement joint planning areas, especially for the purpose of annexation,
municipal incorporation, and joint infrastructure service areas; and
WHEREAS, it is the purpose of Chapter 171, Florida Statutes, known as the "Municipal
Annexation or Contract Act", to provide procedures for adjusting the boundaries of municipalities
through annexations or contractions of corporate limits and to set forth criteria for determining when
annexations or contractions may take place; and
WHEREAS, S 171.044, Florida Statutes, provides that an owner or owners of real property
in an unincorporated area of a county which is contiguous to a municipality and reasonably compact
may petition the governing body of said municipality that said property be annexed to the
City of Winter Springs
Resolution 2001-29
Page I of 3
municipality; and
WHEREAS, there may, from time to time, be property located within unincorporated areas
of the county, which is contiguous to and reasonably compact with more than one municipality; and
WHEREAS, in conjunction with the "Local Government Comprehensive Planning and Land
Development Regulation Act" a single municipality may enter into a Joint Planning Agreement with
a County, to the exclusion of another municipality, for property located in the unincorporated portion
of the county; and
WHEREAS, in accordance with Chapter 171, Florida Statutes, a property owner may
voluntarily request annexation into the municipality which is not party to the Joint Planning
Agreement, entered into between the county and neighboring municipality; and
WHEREAS, the Division of Administrative Hearings, for the State of Florida, in 1000
Friends of Florida, Inc. v. Department of Community Affairs and the City of Stuart (2001 WL 43973
(January 11,2001)) found that annexations are controlled by Chapter 171 ofthe Florida Statutes; and
WHEREAS, the application or enforcement ofa Joint Planning Agreement on a non-party
municipality is a derogation of the powers vested in the non-party municipality under the Florida
Municipal Home Rule Powers Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WINTER SPRINGS,
FLORIDA AS FOLLOWS:
1. Chapter 163, Florida Statutes, should be amended to make clear, that while Joint Planning
Agreements are desirable to provide procedures to identify and implement joint planning
areas, especially for the purpose of annexation, municipal incorporation, and joint
infrastructure service areas; Joint Planning Agreements are not to be entered into and used
to thwart otherwise lawful annexations by non-party municipalities or to dissuade
landowners from electing between two or more competing municipalities, which meet the
criteria for annexation or to thwart otherwise lawful municipal actions.
2. Chapter 163, Florida Statutes, should be amended to specifically state that terms and
conditions agreed upon and evidenced by the execution of a Joint Planning Agreement, are
not effective or controlling upon a non-party municipality.
3. The effective date ofthis Resolution shall be immediately upon its passage.
City of Winter Springs
Resolution 2001-29
Page 2 of3
....
DONE AND ADOPTED in regular session of the City Commission of the City of Winter
Springs, Florida this 9th day of July 2001.
CI~ WINTER SPRINGS ~
II __
~Wts-
Paul P. Partyka n-
Mayor 'j
City of Wintcr Springs
Rcsolution 2001-29
Pagc 3 of3