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HomeMy WebLinkAbout1997 02 26 Intergovernmental Planning Coordination Agreemenl em mole ~ount Board of County Commissioners February 26, 1997 ~overnm¢nt 1101 East First Street San Ford, Florida 32771-1468 (407) i21-1130 Commissioner Cindy Gennell, Chairperson Council of Local Governments in Seminole County c/o City of Winter Springs 1126 East SR 434 Winter Springs, Florida 32708 Subject: Intergovernmental Planning Coordination Agreement Dear Commissioner Gennell: You may recall that in 1985 the County and its municipalities approved an agreement, known as the "Interlocal Agreement of 1985." This agreement was intended to serve as a mechanism for notification among jurisdictions of pending land use applications such as annexations, rezonings, comprehensive plan changes, etc., where mutual boundaries might be affected by such requests. While this agreement has been very useful, it now seems desirable to expand the scope and detail of the existing notification procedures to achieve an even more orderly, timely and consistent review of land use actions, and to establish a framework for collaborative planning among our respective jurisdictions. To this end, the Seminole County Board of County Commissioners recently identified substantial revisions to the existing agreement (see enclosed agreement). In recognition of the importance of coordination between the County, its municipalities and the School Board in matters relating to planning and development, on behalf of the Board of County Commissioners, I have requested that each City and the School Board review the enclosed draft "Intergovernmental Planning Agreement of 1997" and return to the County by April 15, 1997. We will collect all comments and return a final agreement to the School Board for signature in early May. If you have any questions regarding the proposed document or would like staff to attend a future CLGSC meeting to discuss this matter, please contact Tony Matthews, Comprehensive Planning Division, at 321- 1130, extension 7371, who will be available to assist you in this regard. Thank you for your time and cooperation in the matter. Sincer , ~~~~ Randall C. Morris Chairman Board of County Commissioners Enclosure RCM:FC/TMam cc: See attached p:cp\misc\corres\letters\gennell.doc(TM) Distribution List: Letter regarding Intergovernmental Planning Coordination Agreement Commissioner Randall C. Morns February 26, 1997 City of Altamonte Springs Dudley Bates, Mayor Phil Penland, City Manager Pam McFarland, Planning Director City of Casselberrv Bruce Pronovost, Mayor Jack Schluckebler, City Dick Wells, Community Development Director City of Lake Marv David Mealor, Mayor John Litton, City Manager Matthew West, City Planner City of Longwood William Winston, Mayor W. Shelton Smith, City Administrator Carl Gosline, City Planner City of Oviedo Miriam W. Bruce, Mayor George Viele, Chairman Eugene Williford, III, City Manager David Moon, Director of Planning and Zoning City of Sanford Larry Dale, Mayor William A. Simmons, City Manager Jay Marder, Director of Planning and Development City of Winter Springs Paul P. Partyka, Mayor Ron, Mclemore, City Manager Tom Grimms, City Planner Council of Local Governments in Seminole County /Cindy Gennell, Chairperson Seminole County School Board Dianne Kramer, Executive Director of Facilities ~;., .. '~ ' ` ` • ' ~ INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT THIS INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT, herein referred to as the "Agreement", is made and entered into this ;:. ~~ 4 day of 1997, by and among SEMINOLE COUNTY, hereinafter referred to ' ~ ~ as the "COUNTY",apolitical subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771; and the CITY OF ALTAMONTE SPRINGS, a Florida municipal corporation, whose address is 225 Newburyport Avenue, Altamonte Springs, Florida 32701; and the CITY OF CASSELBERRY, a Florida municipal corporation, whose address is 95 Triplet Lake • ' Drive, Casselberry, Florida 32707; and the CITY OF LAKE MARY, a Florida municipal ' corporation, whose address is 100 West Lake Mary Boulevard, Lake Mary, Florida 32746; and CITY OF LONGWOOD, a Florida municipal corporation, whose address is ' 175 West Warren Avenue, Longwood, Florida 32750,; and CITY OF OVIEDO, a • Florida municipal corporation, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765; and the CITY OF SANFORD, a Florida municipal corporation, whose . address is 300 North Park Avenue, Sanford, Florida 32771; and CITY OF WINTER • SPRINGS, a Florida municipal corporation, whose address is 48 mon Ave+~ue. Winter Springs, Florida 32708, hereinafter referred to as WINTER SPRINGS; and the SEMINOLE COUNTY SCHOOL DISTRICT, a district of the Florida Department of Education, whose address is 400 East Lake Mary Boulevard, Sanford, Florida 32773-7127. WITNESSETH: WHEREAS, the municipal corporations listed above shall be collectively •'` ~~ hereinafter referred to as the "CITIES"; and WHEREAS, in 1985, the COUNTY and CITIES entered into an Interlocal Agreement for the purpose of providing mutual notification between and among the COUNTY and the CITIES which have mutual borders affected by any voluntary ' annexation, contraction, density changes, rezonings, comprehensive plan changes and . other land use actions prior to official action by either the COUNTY or the CITIES; and •; .. ~ p:lcp~projeds~specia hjpaGg notfc.doc Seminole County Comprehensive Planning Division WHEREAS, the 1985 Interlocal Agreement has been a very useful mechanism in providing for notification between and among the COUNTY and the CITIES regarding annexations, contractions, density changes, rezonings, comprehensive plan amendments and other land use actions; and WHEREAS, it is the intent of this Agreement to continue to provide this useful notification relative to land use actions and to establish a framework for collaborative planning; and WHEREAS, it is mutually agreed that it is desirable to expand the scope and detail of the existing notification procedures of the 1985 Interlocal Agreement for the purpose of facilitating an even more orderly, timely and consistent review of annexations, contractions, density changes, rezonings, comprehensive plan changes and other land use actions; and WHEREAS, Part II, Chapter 163, Florida Statutes, requires that the COUNTY and the CITIES to adopt comprehensive plans which include intergovernmental coordination elements for the purpose of, among other things, determining coordination processes and procedures with adjacent local governments; and WHEREAS, the COUNTY and the CITIES desire to mutually cooperate with each other for the purposes of ensuring land use compatibility, insomuch as practical, between and among the COUNTY and CITIES; providing for efficient and effective public services to residents of both the COUNTY and CITIES; providing for a dispute/conflict resolution mechanism; and to establish collaborative land use planning mechanisms; and WHEREAS, the COUNTY and the CITIES desire to protect the health, safety and welfare of the citizens of their respective jurisdictions; and WHEREAS, Part II of Chapter 163, Florida Statues, requires the coordination of local comprehensive plans with the comprehensive plans of adjacent local governments and the plans of school districts and other units of local government providing public services, but not having regulatory authority over the use of land; and 2 p:~cp~projedslspeciary pa~gnotfc.doc Seminole County Comprehensive Planning Division WHEREAS, provision has been made in this Agreement for coordination with the Seminole County School District and certain other agencies of government; and WHEREAS, Part II, Chapter 163, Florida Statutes, requires local governments to periodically assess the success or failure of their comprehensive plans to adequately address changing conditions through evaluation and appraisal reports ("EARs") ;and WHEREAS, Rule 9J-33, Florida Administrative Code, establishes the schedule for the adopting of EARs by the local govemments and requires the COUNTY and CITIES to transmit their reports to the Department of Community Affairs no later than June 1, 1998; and WHEREAS, the Intergovernmental Coordination Element of the Seminole County Comprehensive Plan provides for the use of the Planning Technical Advisory Committee to coordinate Comprehensive Plan programs and to ensure consistency between these programs and issues of multi-jurisdictional concern; and WHEREAS, the parties to this Agreement desire to establish an intergovernmental coordination program for providing mutual and timely notification of land use applications and proposals when action on such applications and proposals might affect or impact other parties; and WHEREAS, this Agreement will serve as a vehicle for the identification, definition and collaborative action as to any land use decision or action that may be of multi- jurisdictional significance and provide a process for reviewing proposed land use matters by enhancing planning analysis with minimal bureaucracy and expense for the parties and property owners; and WHEREAS, land use matters which are the subject of this Agreement include, but are not limited to annexations, contractions, density changes, rezonings, special exceptions/conditional uses, variances, comprehensive plan amendments, the permitting of telecommunications facilities, public service facility expansions and contractions, as well as any and all other land use actions which may impact the parties; and 3 p:lcp~projedslspecia lypa~ignotfc. doc Seminole County Comprehensive Planning Division -^` ~ WHEREAS, it is the desire of the CITIES and the COUNTY that each jurisdiction .. have the opportunity to review and analyze, to the maximum extent possible, all ,' ~ . ~ .- proposed land use actions and have an opportunity to express comments and concerns relating to such proposed actions before final action is taken by any other party; and WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters 125, 163, 166 and 230, Florida Statutes; the Seminole County Home Rule Charter; the Charters of the CITIES; and other applicable law; NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein and other good and valuable consideration, the receipt and ' sufficiency of which is hereby acknowledged, the parties agree as follows: SECTION 1: RECITALS. • The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. SECTION 2: PURPOSE OF AGREEMENT. (a) The general purpose of this Agreement is to establish a framework for coordination, communication and notification of proposed land use actions, to build cooperation between affected local governments, and to create an opportunity and ,,: •° process to resolve potential disputes. . (b) This Agreement is intended to accomplish, at a minimum, the following: ,- (1) Timely Notification. Proposed land use actions including, but not limited .` • to, annexations, contractions, density changes, rezonings, special exceptions/conditional uses, variances, comprehensive plan amendments, the . permitting of telecommunication facilities, public service facility expansions and contractions, as well as other land use actions which may impact any of the CITIES or the COUNTY shall have sufficient distribution and dissemination to insure that initial transmittal and final approval will not occur without adequate notice to all other local governments within the jurisdictional limits of Seminole County. 4 - Q ~~ 4 ,• p:~cplprojedslspeciary'pa~gnolfc.doc Seminole County Comprehensive Planning Division -~, (2) Review, Anal~is and Evaluation. Adequate review time shall be provided ., for analysis and evaluation of land use proposals by other local governments within the jurisdictional limits of Seminole County. ' '(3) Intergovernmental Coordination. Multi-jurisdictional issues regarding ' proposed land use actions and the associated provision of urban services, infrastructure improvements and other planning issues shall be articulated, ' considered and discussed to provide and implement, insomuch as practical, a collaborative land use planning process throughout the jurisdictional limits of ' Seminole County. (4) Conflict Resolution. To provide an opportunity and mechanism for conflict " resolution between the parties with regard to any proposal which may result in divergent views, positions and opinions. SECTION 3: NOTIFICATION OF PLANNING ACTIONS. - ~ (a) Each party to this Agreement shall provide timely notification to every other party of each application or proposal for an annexation, contraction, density change, special exception/conditional use, variance, rezoning, comprehensive plan amendment, telecommunication facilities, public service facility expansions and contractions, approval and all other land use actions. '` '.' (b) Notice shall be delivered within fourteen (14) days of receipt of the application or ' initiation of the proposal and not less than fourteen (14) days prior to official action by the party which will act upon the application or proposal. `N (c) Each party agrees to be responsible for the preparation and delivery of the required notice to the other parties. A proposed uniform notice form is attached hereto as Exhibit "A". +. - (d) This Agreement shall be liberally construed so as to resolve any question in '-.~ ~ favor of providing notice. R ;, SECTION 4: PLANNING COLLABORATION. ,,, (a) The parties hereto agree that the opportunity to review, evaluate and analyze ~,,, ' a',: proposed land use actions and to provide comment relating to such applications and ' ~ 4'"~ .; ,. .. - 5 p: \ W \projedslspecial\j paUgnotfc.doc `+ Seminole County Comprehensive Planning Division proposals would be mutually advantageous and of benefit to the public. Each party will make every reasonable effort to ensure such notice is provided as early as possible in ' the review process. Therefore, each party agrees to use its best efforts to provide notice' required hereunder to the other affected parties prior to staff review and recommendation so that the parties can meet, if necessary, on a regular basis, or as ' warranted, to discuss and comment on the request and suggest ways to alleviate the adverse impacts, if any, or to suggest constructive options or alternative proposals, and }.., to develop, as planned, comprehensive and efficient systems of providing public facilities and services. (b) The following framework is agreed upon to be used to coordinate the identification, definition, and disposition of comprehensive plan items which may be of multi-jurisdictional significance: (1) Exchange of Comprehensive Plans and Land Development Regulations. On or before March 3, 1997, each party shall provide to each of the other parties a copy of the party's complete currently adopted comprehensive plan and its currently adopted land development regulations. Each party shall provide each other party a copy of all adopted amendments to said documents upon adoption. - ~ (2) Intergovernmental Coordination Issues Reports (ICIRs) . No later than , June 1, 1997, each party shall prepare a report on issues that it believes to be of multi-jurisdictional significance (an "ICIR) using the framework of the evaluation ,~ and appraisal report process. The report shall include, at a minimum, the " following information about each issue: (A) Clear identification of the issue. ' . (B) How or why the issue is not being adequately addressed at present. (C) Implications of the current situation or course of action. (D) Alternative courses of action and probable implications. ` ' , ~ (E) Need for further information, research, and direction. (F) Recommended disposition or next step. (G) Issues/concerns that require review by the Regional Planning Council. s p:lcplp rojects~specia lypatignotfc.doc Seminole County Comprehensive Planning Division .y . - (H) Timing as to when the issues can be addressed. ~. (c) Planning Technical Advisory Committee. ~'>` ` (1) The Joint Planning Technical Advisory Committee ("PTAC") is hereby :~; ,.,. created and established. The PTAC shall be comprised of one (1) County . Planner, one (1) School District Planner and one (1) City Planner from each of ~r •. _ ` ~ the CITIES. The PTAC shall review each of the nine (9) ICIRs pursuant to sound °~ `' ~ ~ planning practices, the provision of cost effective public services and facilities, and shall prepare a consensus recommendation on each issue identified within the ICIRs. The PTAC shall present the Committee's findings and recommendations on each issue in a written report along with any minority ,, ', '' ` report(s) to be distributed to the County Manager, the Superintendent of Schools • and each of the CITIES City Managers no later than December 30, 1997. The East Central Florida Regional Planning Council, Orange County and the City of • Maitland shall be invited to appoint anon-voting member to the PTAC. (2) The PTAC may be assigned other duties and responsibilities by unanimous agreement of the parties. -: ~;..:- (d) Support Responsibilities. The Seminole County Comprehensive Planning Division shall provide any clerical and logistical support services required by the PTAC ' ~ for the review process. Professional services and other expert advice shall be provided - through the resources of each party as it deems necessary. (e) Planning Agreements. The parties agree that joint planning agreements addressing multi-jurisdictional land use issues and provision of public services and facilities, are a sound planning goal that must be evaluated and considered during the course of the EAR process. (t) Conflict Resolution. Unless otherwise provided in a joint planning agreement, • ~ the parties shall engage in intergovernmental negotiation and communication, at management levels, if any land use matter causes an intergovernmental dispute to • ~ arise. Subsequent to such management interaction, a party may invoke the provisions of the agreement entitled "Intergovernmental Agreement on Mediation and ~;' ` 7 ~'. _ p:~cp~projeclslspeciary''paggnotfc.doc Seminole County Comprehensive Planning Division . Intergovernmental Coordination", dated July 24, 1995, unless mediation is otherwise addressed in a joint planning agreement. SECTION 5: NOTICES. (a) ~ Notices required or permitted hereunder shall be in writing and be deemed properly made when hand delivered to the position hereinafter designated, or upon ' deposit in the United States mail, postage prepaid, addressed as set forth herein, or at such other address as shall have been specified by written notice to all other parties ' . delivered in accordance herewith. (b) Addresses for receipt of notices are as follows: (1) SEMINOLE COUNTY: Current Planning Director . Current Planning Division . Seminole County Services Building 1101 East First Street . Sanford, Florida 32771 (2) CITY OF ALTAMONTE Planning Director SPRINGS: 225 Newburyport Avenue Altamonte Springs, Florida 32701 ' _ (3) CITY OF CASSELBERRY: Community Development Director 95 Triplet Lake Drive Casselberry, Florida 32707 (4) CITY OF LAKE MARY: City Planner Post Office Box 725 Lake Mary, Florida 32746 ' (5) CITY OF LONGWOOD: City Planner 175 West Warren Avenue Longwood, Florida 32750 (6) CITY OF OVIEDO: Community Development Director 400 Alexandria Boulevard Oviedo, Florida 32765 (7) SANFORD: Community Development Director . Post Office box 1778 Sanford, Florida 32771 (8) CITY OF WINTER SPRINGS: Comprehensive Planning Coordinator 1126 E. SR 434 Winter Springs, Florida 32708 <. (9) SEMINOLE COUNTY Executive Director of Facilities SCHOOL DISTRICT: 400 East Lake Mary Boulevard Sanford, Florida 32773-7127 • 8 • : p:lcplprojeds~specialljpatignotfc.doc t Seminole County Comprehensive Planning Division 1 (c) The parties agree to attempt to develop an electronic mail system by which notices may be given. SECTION 6. TERM/TERMINATION. (a) 'The term of this Agreement shall be for a period of two (2) years, but shall be automatically renewed for successive one (1) year terms as to all parties unless a party notifies all other parties that it is opting out of this Agreement in accordance with Subsection (b), in which case the parties shall meet and determine, no less than sixty (60) days prior to the expiration date of a term, as to whether the Agreement should continue in effect as to the remaining parties. (b) If any party wishes to terminate this Agreement as it applies to said party, notice of such termination shall be given to all other parties no less that one hundred and twenty (120) days prior to the expiration date of a term. Termination shall be effective one hundred and twenty (120) days from the date notice is perfected as provided herein. SECTION 7. COUNTERPARTS. This Agrrement shall be executed in nine (g) counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers therein. ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA Maryanne Morse, Clerk of Circuit Court By: Randall C. Morris, Chairman Clerk to the Board of County Commissioners of Seminole County, Date: Florida. As authorized for execution by the Board of County Commissioners in their . ~ly_, regular meeting. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. County Attorney Date: 9 p:lcp~projedslspeciallj paVg notfc. doc Seminole County Comprehensive Planning Division ATTEST: Patsy Wainwright, City Clerk James A Fowler, City Attorney ATTEST: Thelma McPherson, City Clerk Donna McIntosh, City Attorney ATTEST: Carol A. Foster, City Clerk Donna McIntosh, City Attorney ATTEST: Geraldine Zambri, City Clerk Richard Taylor, City Attorney ATTEST: Cynthia Bonham, City Clerk William L. Colbert, City Attorney ATTEST: Janet R. Dougherty, City Clerk William L. Colbert, City Attorney p: kp~projedslspecial4pa~gnotfc.doc Seminole County Comprehensive Planning Division CITY OF ALTAMONTE SPRINGS By: Dudley Bates, Mayor Date: CITY OF CASSELBERRY By: Bruce Pronovost, Mayor Date: CITY OF LAKE MARY By: David Mealor, Mayor Date: CITY OF LONGWOOD By: William E. Winston, Mayor Date: CITY OF OVIEDO By: Miriam Bruce, Mayor Date: CITY OF SANFORD BY: Larry Dale, Mayor Date: ~o ATTEST: CITY OF WINTER SPRINGS Sy: . ~ Margo Hopkins, City Glerk Paul Partyka, Mayor ' Date: Frank Kruppenbacher, City Attorney ATTEST: SEMINOLE COUNTY SCHOOL BOARD By: Sandra Robinson, Chairman ;' - ~ Ned Julian, Jr, Esquire By: ' ~ Director of Legal Services Paul J. Hagerty, Superintendent {PAGE } p: \cp\projects\specialypa\ignotfc.doc Seminole County Comprehensive Planning Division Exhibit A INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT NOTICE OF PROPOSED PLANNING ACTION NOTICE PROVIDED TO: FROMc ^ Seminole County ~ ^ Seminole County ^ Altamonte Springs ^ Altamonte Springs ^ Casselberry ^ Casselberry ^ Lake Mary ^ Lake Mary ^ Longwood ^ Longwood ^ Oviedo ^ Oviedo ^ Sanford ^ Sanford ^ Winter Springs ^ Winter Springs ^ School Board ^ School Board Name of Applicantllnitiator of Proposal: Name of Project(s): Street Address or General Location: Tax Parcel Number (or legal description): Location Map Attached ^ Action Requested: ^ Annexation ^ Contraction ^ Density/Intensity Change ^ Rezoning from to ^ Comprehensive Plan Change from to ^ Telecommunication Tower Location ^ Facility Improvement/Expansion/Contraction ^ Other Land Use Action (describe): Proposed Use of Property: Publishing Dates for Legal Notice: Staff Review Scheduled for: Telephone: Date, Time, Place of Public Hearing: Contact Person: 12 p:~cp~proje cts~special4paUgnot(c.doc Seminole County Comprehensive Planning Division