HomeMy WebLinkAbout1997 Intergovernmental Planning Coordination Agreement
INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT
THIS INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT,
herein referred to as the "Agreement", is made and entered into this 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 the CITY OF LONGWOOD, a Florida municipal corporation, whose address is 175
West Warren Avenue, Longwood, Florida 32750; and the 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 the CITY OF WINTER SPRINGS, a Florida municipal
corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and
THE SCHOOL BOARD OF SEMINOLE COUNTY, Florida, a political subdivision of the State
of Florida and a body corporate pursuant to Section 230.21, Florida Statutes, whose address is
400 East Lake Mary Boulevard, Sanford, Florida 32773-7127.
WTTNESSETH:
WHEREAS, the municipal corporations listed above shall be collectively hereinafter
referred to as the "CITIES"; and
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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 voluntazy 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
WHEREAS, the 1985 Interlocal Agreement has been a very useful mechanism in
providing for notification between and among the COUNTY and the CITIES regazding
annexations, contractions, density changes, rezonings, comprehensive plan changes, 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 TI, Chapter 163, Florida Statutes, requires that the COUNTY and the
CITIES 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
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both the COUNTY and CITIES; providing for adispute/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
WHEREAS, provision has been made in this Agreement for coordination with the School
Board of Seminole County 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 governments 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 intergcvernmental
coordination program for providing mutual and timely notification of land use applications and
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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, school site land acquisition and
proposed school construction and/or expansion, as well as any and all other land use actions
which may substantially impact the parties; and
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:
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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 are 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, school site land acquisition,
and proposed school construction and/or expansion, as well as other land use actions
which substantially impact any of the CITIES or the COUNTY shall have sufficient
distribution and dissemination to insure that transmittal of comprehensive plan
amendments and final approval of development orders and permits will not occur without
adequate notice to all other local governments within the jurisdictional limits of Seminole
County.
(2) Review, Analysis 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.
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(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.
(5) Adequate Review Time. The adequate review time set forth in this Section shall
be the notification periods established in Section 3.
SECTION 3: NOTIFICATION OF PLANNING AND LAND USE ACTIONS.
(a) Each party to this Agreement shall provide timely notification, as set forth herein, to
every other party where jurisdictional boundaries abut the boundaries of the notifying party or to
any other jurisdiction requesting notification from the notifying party of certain actions 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, school site land
acquisition, and proposed school construction and/or expansion, 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 final official action by the
party which will act upon the application or proposal.
(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".
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(d) This Agreement shall be liberally construed so as to resolve any question in favor of
providing notice.
SECTION 4: PLANNING COLLABORATION.
(a) The parties hereto agree that the opportunity to review, evaluate and analyze proposed
land use actions and to provide comment relating to such applications and 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 December 31, 1997, each party adopting a comprehensive plan in accordance with
the provisions of Chapter 163, Florida Statutes, 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. The School Board of Seminole County shall
provide each party with a general educational facilities report prepared in accordance
with Section 235.194, Florida Statutes, on or before October 1 of each year. Each party
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shall provide each other party a copy of all adopted amendments to said documents upon
adoption.
(2) InterQOVernmental Coordination Issues Reports (ICIRs). No later than November
30, 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.
(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 Board Planner and one (1) City Planner from each of 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
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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 31, 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 shall review and evaluate the advisability of the County and the Cities
taking steps to provide for countywide land use jurisdiction by the County with regard to
such land use activities as adult entertainment establishments and sexually oriented
businesses, communication towers and billboazds.
(3) 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 necessazy.
(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.
(f) Conflict Resolution. Unless otherwise provided in a joint planning agreement, the parties
shall engage in intergovernmental negotiation and communication, at management levels (i.e.,
between the County Manager, City Managers, School Superintendent), 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
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Mediation and 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, or by other electronic means,
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 Manager
Current Planning Division
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
(2) CITY OF ALTAMONTE SPRINGS: Growth Management Director
225 Newburyport Avenue
Altamonte Springs, Florida 32701
(3) CITY OF CASSELBERRY
(4) CITY OF LAKE MARY:
(5) CITY OF LONGWOOD:
(6) CITY OF OVIEDO:
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Community Development Director
95 Triplet Lake Drive
Casselberry, Florida 32707
City Planner
Post Office Box 725
Lake Mary, Florida 32746
City Planner
175 West Warren Avenue
Longwood, Florida 32750
Director of Planning and Development
400 Alexandria Boulevard
Oviedo, Florida 32765
10
(7) SANFORD:
(8) CITY OF WINTER SPRINGS:
Director of Planning and Development
Post Office Box 1778
Sanford, Florida 32771
Comprehensive Planning Coordinator
1126 E. SR 434
Winter Springs, Florida 32708
(9) SCHOOL BOARD OF SEMINOLE Executive Director of Facilities
COUNTY: 400 East Lake Mary Boulevard
Sanford, Florida 32773-7127
(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 Agreement shall be executed in nine (9) counterparts, each of which shall be deemed an
original.
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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:
Clerk to the Board of County Commissioners
of Seminole County, Florida.
Randall C. Morris, Chairman
Date:
As authorized for execution by the Board of
County Commissioners in their
19_, regular meeting.
For the use and reliance of Seminole County
only. Approved as to form and legal
sufficiency.
County Attorney
Date:
ATTEST:
Patsy Wainwright, City Clerk
CITY OF ALTAMONTE SPRINGS
By:
James A Fowler, City Attorney
ATTEST:
Thelma McPherson, City Clerk
Donna McIntosh, City Attorney
J. Dudley Bates, Mayor
Date:
CITY OF CASSELBERRY
By:
Bruce Pronovost, Mayor
Date:
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ATTEST:
Cazol A. Foster, City Clerk
Donna McIntosh, City Attorney
ATTEST:
Geraldine Zambri, City Clerk
Richazd Taylor, City Attorney
ATTEST:
Cynthia Bonham, City Clerk
William L. Colbert, City Attorney
ATTEST:
Janet R. Dougherty, City Clerk
William L. Colbert, City Attorney
ATTEST:
Mazgo Hopkins, City Clerk
Frank Kruppenbacher, City Attorney
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:
CITY OF WINTER SPRINGS
By:
Paul Partyka, Mayor
Date:
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ATTEST:
Ned Julian, Jr., Esquire
Director of Legal Services
SCHOOL BOARD OF SEMINOLE
COUNTY
By:
Sandra Robinson, Chairman
By:
Paul J. Hagerty, Superintendent
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EXHIBIT A
INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT
NOTICE OF PROPOSED PLANNING ACTION
NOTICE PRO'V»DED TO: ':~:: ~.FR~3Ms
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 Applicant/Initiator of Proposal:
Name of Project(s): _
Street Address or General Location:
Tax Parcel Number (or legal description):
Location Map Attached ^
Action Re nested:
Annexation
^ Contraction
^ Special Exception/Variance
^ 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•
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