HomeMy WebLinkAbout692-Agrmt Relating to Adult EntWILLIAM L. COLBERT
FRANK C. WHIGHAM
CLAYTON D. SIMMONS
ROBERT K. McINTOSH
DONNA L.S. MClNTOSh
WILLIAM E. REISCHMANN. JR.
CATHERINE D. REISCHMAnn
UAMES U. PARTLOW
April 16, 1998
STENSTROM, McINTOSH, COLBERT, WHIGHAM & SIMMONS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
SUNtRUST BANK · SUITE
200 WEST FIRST STREET
POST OFFICE BOX 4848
SANFORD. FLORIDA 32772-4848
SANFORD (407) 322-2171
ORLANDO {407) 834-5119
F~ (407) 330-~379
HTTP://~W.STENSTROM.COM DOUGLAS STENSTROH
KENNETH W. McINTOSH
S. KIRBY MONCRIEf
OF COUNSEL
Bill Simmons, City Manager
CiTY OF SANFORD
300 N. Park Avenue
Sanford, FL 32771
HAND DELIVERED
Re:
Adult Entertainment Establishments
Seminole County Ordinance 98-21
Dear Mr. Simmons:
Enclosed is a certified copy of Ordinance 98-21 enacting the AEE/SOB JPA. We are
keeping a copy for our records.
If you have any questions, please call.
Sincerely,
STENSTROM, MclNTOSH, COLBERT,
William L. Colbert
Enclosure
cc: William E. Reischmann, Jr., Esq.
f:~les~98~anford%letlers~simmons-aee:nah
ORDINANCE NO. 98- 2]
SEMINOLE COUNTY, FLORIDA
AN ORDINANCE RELATING TO MULTI-JURISDICTIONAL LAND
USE WITH REGARD TO THE PERMITTING, LOCATING AND
SITING OF ADULT ENTERTAINMENT ESTABLISHMENTS AND
SEXUALLY ORIENTED BUSINESSES; AMENDING THE LAND
DEVELOPMENT CODE OF SEMINOLE COUNTY; ENACTING AS A
COUNTY LAND DEVELOPMENT REGULATION THE PROVISIONS
OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY
OF SANFORD AND SEMINOLE COUNTY; PROVIDING THAT
SITES WHEREON ADULT ENTERTAINMENT ESTABLISHMENTS
AND SEXUALLY ORIENTED BUSINESSES MAY BE LOCATED IN
THE COUNTY SHALL ALSO BE AVAILABLE CITY SITES;
PROVIDING THAT SITES WHEREON ADULT ENTERTAINMENT
ESTABLISHMENTSAN D SEXUALLY ORIENTED BUSINESSES MAY
BE LOCATED IN THE CITY SHALL ALSO· BE AVAILABLE
COUNTY SITES; PROVIDING THAT ALL SUCH SITES SHALL
BE jOINT' SITES; PROVIDING FOR THE COORDINATION OF
COMPREHENSIVE PLANS AND LAND DEVELOPMENT 'REGULA-
TIONS; PROVIDING FOR THE PURPOSE AND INTENT OF THE
JOINT PLANNING AREA; PROVIDING FOR COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATORY ACTIVI-
TIES; PROVIDING FOR THE USE OF LAND FOR ADULT
ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED
BUSINESSES; PROVIDING FOR THE PROVISION OF INFRA-
STRUCTURE; PROVIDING FOR CONFLICT RESOLUTION;
PROVIDING FOR TERMS; PROVIDING FOR NOTICE AND OTHER
ADMINISTRATIVE MATTERS AND PROVISIONS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND
PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, the economic impact statement required by the Home
Rule Charter of Seminole County has been prepared and made
available in accordance with the provisions of the Charter; and
WHEREAS, the provisions of this Ordinance are consistent with
the objectives, goals and policies of the Seminole County Compre-
hensive Plan, -
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF SEMINOLE COUNTY, FLORIDA:
CERT!F~ED COPY
rv1ARYANi',!,-':i M, ORSE
CLERK OF CIRCUIT COURT
SECTION 1. ADOPTION OF'INTERLOCAL AGREEMENT AS LAND DEVELOP-
MENT REGULATIONS:
(a) The Interlocal Agreement entitled "Seminole County/City
of Sanford Joint Planning InterlocalAgreement Relating To Adult or
Sexually Oriented Uses" and dated March 23, 1998 is hereby adopted
as land development regulations applicable within the unincorporat-
ed areas of Seminole County.
(b) The terms, provisions, conditions and procedures set
forth in the Interlocal Agreement referred to in Section l(a) shall
be administered in accordance with the terms, provisions, condi-
tions and procedures of the Land Development Code of Seminole
County.
SECTION 2. CODIFICATION/LEGISLATIVE FINDINGS. It is the
intention of the Board of County Commissioners that the provisions
of this Ordinance and the Interlocal Agreement referred to in
Section l(a) of this Ordinance shall be codified and shall become
and be made a part of the Land Development Code of Seminole County,
Florida and the word "ordinance" may be changed to "section,"
"article," or other appropriate word or phase and the sections of
this Ordinance may be renumbered or relettered to accomplish such
intention; provided, however, that the legislative findings set
forth in the recitals to this Ordinance and Sections 2, 3, and 4-
shall not be codified. The recitals set forth in the Interlocal
Agreement referred to in Section l(c) are hereby adopted as
legislative findlngs.
SECTION 3. SEVERABILITY.
If any provision of this Ordinance
or the application thereof to any person or circumstance is held
invalid, it is the intent of the Board of County Commissioners that
the invalidity shallnot affect other provisions or applications of
this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this
Ordinance are declared severable.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect
upon filing a copy of this Ordinance with the Department of State
by the Clerk of the Board of County Commissioners.
ENACTED this ~day of ~f~/ , 1998.
BOARD OF COUNTY COMMISSIONERS
S~~~IDA
#
By:
RANDALL C. MORRIS, Chairman
B/24/98
LG/gn ·
AEEJPORD
SEMINOLE COUNTY/CITY OF SANFOE JOINT PLANNING INTERLOCAL
AGREEMENT RELATING TO ADULT OR SEXUALLY ORIENTED USES
THIS JOINT PLANNING INTERLOCAL AGREEMENT is made and entered
into this ~*ay of '~Ct~ , 1998, by and between SEMINOLE
COLINTY, a political +subdivision of the State of Florida, whose
address is Seminole County Services Building, 1101 East First
Street, Sanford, Florida 32771, hereinafter referred to as the
"COUNTY", and the CITY OF SANFORD, a Florida municipal corporation
whose address is Post Office Box 1788, Sanford, Florida 32772-1788,
hereinafter referred to as the "CITY"
W I T N E S SET H:
WHEREAS, it is beneficial to the public for local governments
to work together in a spirit of harmony, collaboration and
cooperation and the CITY and the COUNTY have worked together in the
past as'evidenced by numerous interlocal agreements such as, for
example, the Joint Planning Interlocal Agreement of November 21,
1991 which shall remain in effect subsequent to the effective date
of this Agreement; provided, however, that the terms of this
Agreement shall prevail as to adult and sexually oriented land
uses; and
WHEREAS, the provisions of the Local Government Comprehensive
Planning and Land Development Regula_tion Act (Part II, Chapter 163,
Florida"Statutes), the Rules of the Florida Department of Community'
Affairs (in particular Rule 9J-5.015, Florida Administrative Code)
and other applicable law provide for intergovernmental coordination
in the comprehensive planning process; and
1
CERTIFIED COPY
MARYANNE MORSE
CLERK OF CIRCUIT COURT
SE INOLE pUNTY, F~.ORt A
WHEREAS, the provisions of this Agreement are consistent with
the State Comprehensive Plan (Chapter 187, Florida Statutes); the
Strategic Regional Policy Plan adopted by the East Central Florida
Regional Planning Council and the land development regulations,
comprehensive plans and charters of the CITY and the COUNTY; and
WHEREAS, it is desirable, to the maximum extent practicable
and conditioned upon a land use and legal analysis by both the
COUNTY and the municipalities located within the jurisdictional
,=.~timits of the COUNTY, for the land areas of Seminole County, both
within incorporated municipalities and in the unincorp,orated areas
of the COUNTY, to have essentially uniform regulation of est'ablish-
ments which provide what is commonly referred to as "adult
entertainment" and businesses which are ~exually oriented in
nature; and
WHEREAS, Seminole County Ordinance Number 97-28, as amended by
Seminole County Ordinance Numbers 98~3 and 98-13 as well as City of
Sanford Ordinance Numbers 3185, 3195 and 3232, detail the general
types of establishments and businesses which are considered "adult
entertainment establishments" and "sexually oriented businesses"
(also referred to as "adult and sexually oriented useS" herein)
although the definitions of those terms are not necessarily
identical or static and may e~olve from time-'~o-time; and
WHEREAS, the governing bodies of both the CITY and the COUNTY
believe that adult and sexually oriented uses are, by and large,
-inconsistent with contemporary Community standards as derived from
the expressions of numerous citizens and citizens' groups relative
to the presence of adult uses and sexually oriented businesses in
a community and, moreover, does'.not positively impact the sound
economic growth of the COUNTY; and
W~EREAS~ the identification of multi-jurisdictional parcels at
which adult or sexually oriented uses could be located with regard
to the CITY's and the COUNTY's constitutional obligations to
provide adequate alternative avenues or channels of communication
or expression would be in the best interests of the citizens of
.~.~Seminole County; and
WHEREAS, the legislative findings set forth in Seminole County
Ordinance Number 97-28, as amended by Seminole County Ordinance
Numbers 98-2 and 98-13 as well as City of Sanford Ordinance Number
3185, are hereby adopted as if set forth fully herein; and
WHEREAS, the provisions of Section 163.3171(3), Florida
Statutes, provide for the joint exercise of land use.planning and
regulatory powers under the Local Government Comprehensive Planning.
and Land Development Regulation Act and the parties to this
Agreement desire to cooperate relative to land use and regulatory
jurisdiction over adult entertainment establishments and sexually
oriented businesses; and
WHEREAS, it is the intent of the parties that developers of
adult uses be treated ~qually with o~er developers in terms of_
site plan and other approvals that may be considered when an
application is made for such a use on land which is assigned the
appropriate zoning classification and it is, moreover,. the intent
of the parties to insure that all State laws relative to concur-
3
rency requirements are adhered to relative to the provision of
adequate facilities and infrastructure and it is, moreover, hereby
found and determined by the parties that the' Joint Sites have
accessible water. and sewer service or can be served by wells and
septic systems, have a roadway system that can serve development
subject to standard land development regulations to which all other
development activities are subject, have adequate solid waste
services available, have fire and public safety services reasonably
.~.rav~ilable, and otherwise have the adequate capability to be served
with all necessary public facilities requisite for a development to
be approved and to move forward and through the development
processes; and
WHEREAS, Section 163.01, Florida Statutes, authorizes the
exercise by agreement between two (2) or more public agencies of
any power common to them and each of the parties hereto have the
power and authority to regulate adult entertainment establishments
and sexually oriented businesses; and
WHEREAS, this Agreement is authorized by the provisions of
Chapters 125, 163 and 166, Florida Statutes, and other applicable
law, .
NOW, THEREFORE, in consideration of the premises, mutual
covenants, and agreements and promises contained herein. and other_
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by the parties, the parties do hereby
covenant and agree as follows:
SECTION 1.
RECITALS.
.The foregoing recitals are true and
correct and form a material part'.of this Agreement upon which the
parties have relied.
SECTION2. .PURPOSE/INTENT/JOINT PLANNING AREA.
(a) The COUNTY and the CITY have reviewed their respective
comprehensive plans and land development regulations relative to
the provision of adequate alternative avenues or channels of
communication or expression with regard to siting adult or sexually
.joriented uses in their respective jurisdictions. It was found by
both parties that, at the time of this Agreement, their comprehen-
sive plans, codes and ordinances and land development regulations
are consistent with the requirements of law as set forth in
authoritative judicial precedent. it was also found, however, that
it would be in the best interests of both jurisdictions to provide
for a number of adult and sexually oriented business use sites that
are available for both jurisdictionsand to.be developed with. adult
and sexually oriented uses in both the COUNTY and the CITY
regardless of the actual jurisdictional location of the sites.
(b) The purpose of this Agreement is to provide for multi-
jurisdictional siting of adult and sexually oriented land uses with
sites that are part of the relevant real estate market and to,
there~y~ be complian~ with the requirements of law relative to_
protection of what may be constitutionally protected expression as
determined by the courts of this Nation. Likewise, the purpose of
this Agreement is to provide for the seamless movement of adult and
sexually oriented use sites from unincorporated Seminole County
5
into the jurisdictional limits of the CITY without the COUNTY's
available sites being reduced innumber as a result of such change
in land use jurisdiction.
SECTION 3. JOINT SITES.
(a) The real property pertinent to this Agreement are those
lots, tracts or parcels of real property located in either the CITY
or the COUNTY and, consistent with the appropriate party's land
development regulations, permittable for adult and sexually
.joriented uses (hereby designated as the "joint Sites" and be
referred to as such herein). '
(b) The Joint Sites shall be eligible for the issuance of
development permits consistent with the comprehensive plan and land
development regulations of the jurisdiction wherein the Sites are
located; provided, however, that, if a Site is annexed. into the
CITY, it shall be subject to the comprehensive plan and land
development regulations of the COUNTY.
(c) It is the intent of the parties to renegotiate the terms
of this Agreement if those sites that are part of the Joint Sites,
but which are currently located within unincorporated Seminole
County, are annexed into the CITY. It is the intent of the CITY to
not annex said sites.
(d~ It is also the intent of the parties that another city or
cities may participate in the benefits and burdens of this
Agreement.
6
SECTION 4. COMPREHENSIVE PLANNING, FUTURE LAND USES AND
PROVISION OF INFRASTRUCTURE.
(a) The parties agree that the Joint Sites may be developed
in accordance with generally applicable land development regula-
tions (CITY or COUNTY as the case may be based upon the location of
the real property consistent, however, with Section 3(b)) as adult
entertainment establishments or a sexually oriented business, as
defined by Ordinance Number 97-28, as amended by Ordinance Number
.,.:-9 8 - 2.
(b) The parties agree to cooperate and collaborate to the
maximum extent practicable to ensure that adequate infrastructure
is available to the Joint Sites in order to ensure that the Joint
Sites are included in the relevant real estate market applicable to
the permitted uses on the Joint Sites subject, however, to the
obligations of a developer under State law (and applicable local
codes and ordinances) to provide for adequate public facility
infrastructure.' It is the intent of the parties to treat develop-
ers of adult and sexually oriented uses in a way, fashion and
manner; under such terms and conditions; and with such practices
and procedures that are typical and normal to development review
and approval processes made applicable to other forms of develop-
ment. Lpcational decisions aside relative to land use designations _
and zoning classifications assigned to particular parcels of
property, it is the intent of the parties to allow for the
permitting and" approval of adult and sexually oriented uses
consistent with the practices.and procedures that are applicable to
other forms and types of development.
(c) With regard to any proposed amendment to either the
comprehensive plan or-the land development regulations of the
parties which pertains to adult and sexually oriented uses and
during the development and drafting phases of the respective
comprehensive plans, plan amendments and land development regula-
tions of the CITY and the COUNTY, CITY and COUNTY staff shall
f=transmit respective draft planning or regulation documents to the
other as part of the intergovernmental coordination-mechanisms.
Each staff shall compare each other's plan or plan amendments to
determine whether proposed objectives, goals and policies and
regulatory provisions are consistent with the other party's plan
and regulatory provisions.
(d) Notwithstanding the legal effect of annexations, the
adult-and sexually oriented use sites located in th'e CITY-shall
continue to be deemed and constitute Joint Sites and shall be
subject to the provisions of this Agreement.
SECTION 5. CONFLICT RESOLUTION. The parties agree that any
disputes arising under this Agreement shall be subject to the
prqvisions of the "Interlocal Agreement on Mediation and intergov-
ernmenta! Coordination", dated January 24, 1995. _
SECTION 6. TERM. This Agreement shall be in effect for a
five (5) year period beginning on the date both parties have
enacted ordinances in accordance with Section 12. This Agreement
shall be automatically renewed for a subsequent five (5) year
period unless one (1) of the parties thereto gives the other ninety
(90) days advance notice, in writing, of intention to not renew the
Agreement.
SECTION 7. .NOTICE. Contact persons for this Agreement shall
be the CITY Manager and the COUNTY Manager.
FOR THE CITY
Bill Simmons, City Manager
City of Sanford
P. O. Box 1788
Sanford, Florida 32772-1788
FOR THE COUNTY
Gary Kaiser, County Manager
Seminole County Services Building
ll01 East First Street
Sanford, Florida 32771
SECTION 8. HEADINGS. All sections and descriptive headings
in this Agreement are inserted for convenience only, and shall not
affect the construction or interpretation hereof.
SECTION 9. ENTIRE AGREEMENT. This Agreement constitutes the
entire agreement of the parties with respect to the subject matter
hereof, any may not be modified or amended except by a written
instrument equal in dignity herewith and executed by the parties to
be bound thereby.
SECTION 10. TIME. Time is of the essence of this Agreement.
SECTION 11. CONFLICT OF INTEREST. The parties agree that the_
conduct of their offices and employees are subject to the provi-
sions of Part III, Chapter 112, Florida Statutes.
SECTION 12. ENACTMENT OF ORDINANCES. Each party shall
consider enacting this agreement by means of an ordinance substan-
· ' L '
tially in the form of the draft ordinance attached as Exhibit "A"
to this Agreement which ordinance has an effective date of on or
before March 30, 1998.
SECTION13. EFFECTIVE DATE. Sections 1, 5, 7, 8, 9, 10, 11,
12 and 13 of this Agreement shall take effect on the date that this
Agreement is fully executed by the parties. All other sections of
this Agreement shall become effective upon both parties enacting
the ordinance referred to in Section 12.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals on the day, month and year above written.
ATTEST:
City of Sanford
BY~~~"RY DALE, MaWr
Date: ,~' 2 3 -
ATTEST:
C erk toA~M~~
County Commissioners of
Seminole County, Florida.
BOARD OF COUNTY COMMISSIONERS
SEM~i COUNTY, FLORIDA.
Date: fe
For use and reliance
of Seminole County only.
Approved a~ ~o form an
lea uffmclency.
le~~.~
3/10/98
LG/gn ~EJP~2.98
As authorized for execution by
sioners at i ,
1998, regular meeting.
10
EXHIBIT "A"
ORDINANCE NO. 9 8 -
SEMINOLE COUNTY, FLORIDA
AN ORDINANCE RELATING'TO MULTI-JURISDICTIONAL LAND
USE WITH REGARD TO THE PERMITTING, LOCATING AND
SITING OF ADULT ENTERTAINMENT ESTABLISHMENTS AND
SEXUALLY ORIENTED BUSINESSES; AMENDING THE LAND
DEVELOPMENT CODE OF SEMINOLE COUNTY; ENACTING AS A
COUNTY LAND DEVELOPMENT REGULATION THE PROVISIONS
OF AN INTERLOCAL AGREEMENT'BY AND BETWEEN THE CITY
OF SANFOE AND SEMINOLE COUNTY; PROVIDING THAT
SITES WHEREON ADULT ENTERTAINMENT ESTABLISHMENTS
AND SEXUALLY ORIENTED BUSINESSES MAY BE LOCATED IN
THE COUNTY SHALL ALSO BE AVAILABLE CITY SITES;
PROVIDING THAT SITES WHEREON ADULT ENTERTAINMENT
ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES MAY
BE LOCATED IN THE CITY SHALL ALSO BE AVAILABLE
COUNTY SITES; PROVIDING THAT ALL SUCH SITES SHALL
BE JOINT SITES; PROVIDING FOR'THE COORDINATION OF
COMPREHENSIVE PLANS AND LAND DEVELOPMENT-REGULA-
TIONS; PROVIDING FOR THE PURPOSE AND INTENT OF THE
JOINT PLANNING AREA; PROVIDING FOR COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATORY ACTIVI-
TIES; PROVIDING FOR THE USE OF LAND FOR ADULT
ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED
BUSINESSES; PROVIDING FOR THE PROVISION OF INFRA-
STRUCTURE; PROVIDING FOR CONFLICT RESOLUTION;
PROVIDING FOR TERMS; PROVIDING FOR NOTiCE AND OTHER
ADMINISTRATIVE MATTERS AND PROVISIONS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the economic impact statement required by the Home
Rule Charter of Seminole County has been prepared and made
available in accordance with the provisions of the Charter; and
WHEREAS, the provisions of this Ordinance are. consistent with
the objectives, goals and policies of the Seminole County Compre-
hensive Plan, _
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF SEMINOLE COLTNTY, FLORIDA:
SECTION 1. ADOPTION OF INTERLOCAL AGREEMENT AS LAND DEVELOP-
MENT REGULATIONS:
(a) The Interlocal Agreement entitled "Seminole County/City
of Sanford Joint. Planning Interlocal Agreement Relating To Adult or
Sexually Oriented Uses" and dated , 1998 is hereby
adopted as land development regulations applicable within the
unincorporated areas of Seminole County.
(b) The terms, provisions, conditions and procedures set
=.~.-forth in the Interlocal Agreement referred to in Section l(a) shall
be administered in accordance with the terms, provisions, condi-
.tions and procedures of the Land Development Code of Seminole
County.
SECTION 2. CODIFICATION/LEGISLATIVE FINDINGS. It is the
intention of the Board of County Commissioners that the provisions
of this Ordinance and the Interlocal Agreement referred to in
Section l(a) of this Ordinance shall be cQdified and shall.become.
and be made a part of the Land Development Code of Seminole County,
Florida and the word "ordinance" may be changed to "section,"
"article," or other appropriate word or phase and the sections of
this Ordinance may be renumbered or relettered to~accomplish such
intention; provided, however, that the legislative findings set
forth in the recitals to this Ordinance and Sections 2, 3, and 4
shall not be codifiedo The recitals set forth in the Interlocal
Agreement referred to in Section l(c) are hereby adopted as
legislative findings. -
2
SECTION 3. SEVERABILITY. If any provision of this Ordinance
or the application thereof to any person or circumstance is held
· invalid, it is the intent of the Board of County Commissioners that
the invalidity shall not'affect other provisions or applications of
this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this
Ordinance are declared severable.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect
f=--upon filing a copy of this Ordinance with the Department of State
by the Clerk of the Board of County Commissioners.
ENACTED this day of , 1998.
BOARD OF COUNTY COMMISSIONERS
-- SEMINOLE COUNTY, FLORIDA
2/5/98
LG/gn
By:
RANDALL C. MORRIS, Chairman
3
COUNTY,
address
Street,
SEMINOLE COUNTY/CITY OF SANFORD JOINT PLANNING INTERLOCAL
AGREEMENT RELATING TO ADULT OR SEXUALLY ORIENTED USES
THIS JOINT PLANNING INTERLOCAL AGREEMENT is made and entered
into this ~ay of ~~ , 1998, by and between SEMINOLE
a political subdivision of the State of Florida, whose
is Seminole County Services Building, 1101 East First
Sanford, Florida 32771, hereinafter referred to as the
"COUNTY", and the CITY OF SANFORD, a Florida municipal corporation
whose address is Post Office Box 1788, Sanford, Florida 32772-1788,
hereinafter referred to as the "CITY".
W I T N E S S E T H:
WHEREAS, it is beneficial to the public for local governments
to work together in a spirit of harmony, collaboration and
cooperation and the CITY and the COUNTY have worked together in the
past as evidenced by numerous interlocal agreements such as, for
example, the Joint Planning Interlocal Agreement of November 21,
1991 which shall remain in effect subsequent to the effective date
of this Agreement; provided, however, that the terms of this
Agreement shall prevail as to adult and sexually oriented land
uses; and
WHEREAS, the provisions of the Local Government Comprehensive
Planning and Land Development Regulation Act (Part II, Chapter 163,
Florida Statutes), the Rules of the Florida Department of Community
Affairs (in particular Rule 9J-5.0t5, Florida Administrative Code)
and other applicable law provide for intergovernmental coordination
in the comprehensive planning process; and
1
WHEREAS, the provisions of this Agreement are consistent with
the State Comprehensive Plan (Chapter 187, Florida Statutes); the
Strategic Regional Policy Plan adopted by the East Central Florida
Regional Planning Council and the land development regulations,
comprehensive plans and charters of the CITY and the COUNTY; and
WHEREAS, it is desirable, to the maximum extent practicable
and conditioned upon a land use and legal analysis by both the
COUNTY and the municipalities located within the jurisdictional
limits of the COUNTY, for the land areas of Seminole County, both
within incorporated municipalities and in the uninco~porated areas'
of the COUNTY, to have essentially uniform regulation of establish-
ments which provide what is
entertainment" and businesses
nature; and
commonly referred to as "adult
which are sexually oriented in
WHEREAS, Seminole County Ordinance Number 97-28, as amended by
Seminole County Ordinance Numbers 98-3 and'98-13 as well as City of
Sanford Ordinance Numbers 3185, 3195 and 3232, detail the general
types of establishments and businesses which are considered "adult
entertainment establishments".and "sexually oriented businesses"
(also referred to as "adult and sexually oriented uses" herein)
although the definitions of those terms are not necessarily
identical or static and may evolve from time-to-time; and -
WHEREAS, the governing bodies of both the CITY and the COUNTY
believe that adult and sexually oriented uses are, by and large,
inconsistent with contemporary community standards as derived from
the expressions of numerous citizens and citizens' groups relative
to the presence of adult uses and sexually oriented businesses in
a community and, moreover,. does not positively impact the sound
economic growth of the COUNTY; and
WHEREAS, the identification of multi-jurisdictional parcels at
which adult or sexually oriented uses could be located with regard
to the CITY's and the COUNTY's constitutional obligations to
provide adequate alternative avenues or channels of communication
or expression would be in the best interests of the citizens of
Seminole County; and
W~EREAS, the legislative findings set forth in S~minole County
Ordinance Number 97-28, as amended by Seminole County Ordinance
Numbers 98-2 and 98-13 as well as City of Sanford Ordinance Number
3185, are hereby adopted as if set forth fully herein; and
WHEREAS, the provisions of Section 163.3171(3), Florida
Statutes, provide for the joint exercise of land use planning and
regulatory powers under the Local Governmen't Comprehensive Planning
and Land Development Regulation Act and the parties to this
Agreement desire to cooperate relative to land use and regulatory
jurisdiction over adult entertainment establishments and sexually
oriented businesses; and
W~EREAS, it is the intent of the parties that developers of
adult uses be treated equally with other developers in terms o~
site plan and other approvals that may be considered when an
application is made for such a use on land which is assigned the
appropriate zoning classification and it is, moreover, the intent
of the parties to insure that all State laws relative to concur-
3
rency requirements are adhered to relative to the provision of
adequate facilities and infrastructure and it is, moreover, hereby
found and determined by the parties that the Joint Sites have
accessible water and sewer service or can be served by wells and
septic systems, have a roadway system that can serve development
subject to standard land development regulations to which all other
development activities are subject, have adequate solid waste
services available, have fire and public safety services reasonably
available, and otherwise have the adequate capability to be served
with all necessary public facilities requisite for a d~velopment to
be approved and to move forward and through the development
processes; and
W~EREAS, Section 163.01, Florida Statutes, authorizes the
exercise by agreement between two (2) or more public agencies of
any power common to them and each of the parties hereto have the
power+and authority to regulate.adult entertainment establishments
and sexually oriented businesses; and
W~EREAS, this Agreement is authorized by the provisions of
Chapters 125, 163 and 166, Florida Statutes, and other applicable
law,
NOW, THEREFORE, in consideration of the premises, mutual
covenants, and agreements and promises contained herein. and othe~
good and valuable consideration, the receipt and suf. ficiency of
which is hereby acknowledged by the parties, the parties do hereby
covenant and agree as follows:
SECTION 1. RECITALS. The foregoing recitals are true and
correct and form a material part of this Agreement upon which the
parties have relied.
SECTION 2. PURPOSE/INTENT/JOINT PLANNING AREA.
(a) The COUNTY and the CITY have reviewed their respective
comprehensive plans and land development regulations relative to
the provision of adequate alternative avenues or channels of
communication or expression with regard to siting adult or sexually
oriented uses in their respective jurisdictions. It was found by
both parties that, at the time of this Agreement, the°ir comprehen-'
sive plans, codes and ordinances and land development regulations
are consistent with the requirements of law as set forth in
authoritative judicial precedent. It was also found, however, that
it would be in the best interests of both jurisdictions to provide
for a number of adult and sexually oriented business use sites that
are available for both jurisdictions and to be developed with adult
and sexually oriented uses in both the COUNTY and the CITY
regardless of the actual jurisdictional location of the sites.
(b) The purpose of this Agreement is to provide for multi-
jurisdictional siting of adult and sexually oriented land uses with
sites that are part of the relevant real estate market and to,
thereby, be compliant with the requirements of law relative to
protection of what may be constitutionally protected expression as
determined by the courts of this Nation. Likewise, the purpose of
this Agreement is to provide for the seamless movement of adult and
sexually oriented use sites from unincorporated Seminole County
5
into the jurisdictional limits of the CITY without the COIINTY's
available sites being reduced in number as a result of such change
in land use jurisdiction.
SECTION 3. JOINT SITES.
(a) The real property pertinent to this Agreement are those
lots, tracts or parcels of real property located in either the CITY
or the COUNTY and, consistent with the appropriate party's land
development regulations, permittable for adult and sexually
oriented uses (hereby designated as the "Joint Sites" and be
referred to as such herein).
(b) The Joint Sites shall be eligible for the issuance of
development permits consistent with the comprehensive plan and land
development regulations of the jurisdiction wherein the Sites are
located; provided, however, that, if a Site is annexed into the
CITY, it shall be subject to the comprehensive plan and land
development regulations of the COUNTY.
(c) It is the intent of the parties to renegotiate the terms
of this Agreement if those sites that are part of the Joint Sites,
but which are currently located within unincorporated Seminole
County, are annexed into the CITY. It is the intent of the CITY to
not annex said sites.
(d) It is also the intent of the parties that another city o~
cities may participate in the benefits and burdens of this
Agreement.
6
SECTION 4. COMPREHENSIVE PLANNING, FUTURE LAND USES AND
PROVISION OF INFRASTRUCTURE.
(a) The parties agree that the Joint Sites may be developed
in accordance with generally applicable land development regula-
tions (CITY or COUNTY as the case may be based upon the location of
the real property consistent, however, with Section 3(b)) as adult
entertainment establishments or a sexually oriented business, as
defined by Ordinance Number 97-28, as amended by Ordinance Number
98-2.
(b) The parties agree to cooperate and collaborate to the'
maximum extent practicable to ensure'that adequate infrastructure
is available to the Joint Sites in order to ensure that the Joint
Sites are included in the relevant real estate market applicable to
the permitted uses on the Joint Sites subject, however, to the
obligations of a developer under State law (and applicable local
codes' and ordinances) to provide for adequate public facility
infrastructure. It is the intent of the parties to treat develop-
ers of adult and sexually oriented uses in a way, fashion and
manner; under such terms and conditions; and with such practices
and procedures that are typical and normal to development review
and approval processes made applicable to other forms of develop-
ment. Locational decisions aside relative to land use designatione
and zoning classifications assigned to particular parcels of
property, it is the intent of the parties to allow for the
permitting and approval of adult and sexually oriented uses
consistent with the practices and procedures that are applicable to
other forms and types of development.
(c) With regard to any proposed amendment to either the
comprehensive plan or the land development regulations of the
parties which pertains to adult and sexually oriented uses and
during the development and drafting phases of the respective
comprehensive plans, plan amendments and land development regula-
tions of the CITY and the COUNTY, CITY and COUNTY staff shall
transmit respective draft planning or regulation documents to the
other as part of the intergovernmental coordinatioh mechanisms.
Each staff shall compare each other's plan or plan amendments to
determine whether proposed objectives, goals and policies and
regulatory provisions are consistent with the other party's plan
and regulatory provisions.
(d) Notwithstanding the legal effect of annexations, the
adult and sexually oriented use sites located in the CITY shall
continue to be deemed and constitute Joint Sites and shall be
subject to the provisions of this Agreement.
SECTION 5. CONFLICT RESOLUTION. The parties agree that any
disputes arising under this Agreement shall be subject to the
provisions of the "Interlocal Agreement on Mediation and Intergov-
ernmental Coordination", dated January 24, 1995. -
SECTION 6. TERM. This Agreement shall be in effect for a
five (5) year period beginning on the date both parties have
enacted ordinances in accordance with Section 12. This Agreement
shall be automatically renewed for a subsequent five (5) year
period unless one (1) of the parties thereto gives the other ninety
(90) days advance notice, in writing, of intention to not renew the
Agreement.
SECTION 7. NOTICE. Contact persons for this Agreement shall
be the CITY Manager and the COUNTY Manager.
FOR THE CITY
Bill Simmons, City Manager
City of Sanford
P. O. Box 1788
Sanford, Florida 32772-1788
FOR THE COUNTY
Gary Kaiser, County Manager
Seminole County Services Building
ll01 East First Street
Sanford, Florida 32771
SECTION 8. HEADINGS. All sections and descriptive headings
in this Agreement are inserted for convenience only, and shall not
affect the construction or interpretation hereof.
SECTION 9. ENTIRE AGREEMENT. This Agreement constitutes the
entire agreement of the parties with respect to the subject matter
hereof, any may not be modified or amended except by a written
instrument equal in dignity herewith and executed by the parties to
be bound thereby.
SECTION 10.
SECTION 11.
TIME. Time is of the essence of this Agreement.
CONFLICT OF INTEREST. The parties agree that the
conduct of their offices and employees are subject to the provi-
sions of Part III, Chapter 112, Florida Statutes.
SECTION 12. ENACTMENT OF ORDINANCES. Each party shall
consider enacting this agreement by means of an ordinance substan-
tially in the form of the draft ordinance attached as Exhibit "A"
to this Agreement which ordinance has an effective date of on or
before March 30, 1998.
SECTION 13. EFFECTIVE DATE. Sections 1, 5, 7, 8, 9, 10, 11,
12 and 13 of this Agreement shall take effect on the date that this
Agreement is fully executed by the parties. All other sections of
this Agreement shall become effective upon both parties enacting
the ordinance referred to in Section 12.
IN WITNESS W~EREOF, the parties hereto have set their hands
and seals on the day, month and year above written.
ATTEST:
'City of Sanford
:B~~9~LE, Ma~or
Date: .5--2~- q~
ATTEST:
C le Y tr~
county commissioners of
seminole county, Florida.
By .'
Date:
BOARD OF COUNTY COMMISSIONERS
SEM~7~TLO~IDA
~ALL C. MORRIS, Chairman
For use and reliance
of Seminole County only.
Approved as to form and
1 ga ufficiencX ~'
.As authorized for execution by
sioners at i ,
1998, regular meeting.
3/10/98
LG/gn AEEJPAS2.98
10
EXHIBIT "A"
ORDINANCE NO. 9 8 -
SEMINOLE COUNTY, FLORIDA
AN ORDINANCE RELATING TO MULTI-JURISDICTIONAL LAND
USE WITH REGARD TO THE PERMITTING, LOCATING AND
SITING OF ADULT ENTERTAINMENT ESTABLISHMENTS AND
SEXUALLY ORIENTED BUSINESSES; AMENDING THE LAND
DEVELOPMENT CODE OF SEMINOLE COUNTY; ENACTING AS A
COUNTY LAND DEVELOPMENT REGULATION THE PROVISIONS
OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY
OF SANFORD AND SEMINOLE COUNTY; PROVIDING THAT
SITES WHEREON ADULT ENTERTAINMENT ESTABLISHMENTS
AND SEXUALLY ORIENTED BUSINESSES MAY BE LOCATED IN
THE COUNTY SHALL ALSO BE AVAILABLE CITY SITES;
PROVIDING THAT SITES WHEREON ADULT ENTERTAINMENT
ESTABLISHMENTSAND SEXUALLY ORIENTED BUSINESSES MAY
BE LOCATED IN THE CITY SHALL ALSO BE AVAILABLE
COUNTY SITES; PROVIDING THAT ALL SUCH SITES SHALL
BE JOINT SITES; PROVIDING FOR THE COORDINATION OF
COMPREHENSIVE PLANS AND LAND DEVELOPMENT REGULA-
TIONS; PROVIDING FOR THE PURPOSE AND INTENT OF THE
JOINT PLANNING AREA; PROVIDING FOR COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATORY ACTIVI-
TIES; PROVIDING FOR THE USE OF LAND FOR ADULT
ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED
BUSINESSES; PROVIDING FOR THE PROVISION OF INFRA-
STRUCTURE; PROVIDING FOR CONFLICT RESOLUTION;
PROVIDING FOR TERMS; PROVIDING FOR NOTICEAN D OTHER
ADMINISTRATIVE MATTERS AND PROVISIONS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the economic impact statement required by the Home
Rule Charter of Seminole County has been prepared and made
available in accordance with the provisions of the Charter; and
WHEREAS, the provisions of this Ordinance are consistent with
the objectives, goals and policies of the Seminole County Compre-
hensive Plan, -
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF SEMINOLE COUNTY, FLORIDA:
SECTION 1. ADOPTION OF INTERLOCAL AGREEMENTAS LAND DEVELOP-
MENT REGULATIONS:
(a) The Interlocal Agreement entitled "Seminole County/City
of Sanford Joint Planning Interlocal Agreement Relating To Adult or
Sexually Oriented Uses" and dated , 1998 is hereby
adopted as land development regulations applicable within the
unincorporated areas of Seminole County.
(b) The terms, provisions, conditions and procedures set
forth in the Interlocal Agreement referred to in Section l(a) shall
be administered in accordance with the terms, provisions, condi-
tions and procedures of the Land Development Code of Seminole
County.
SECTION 2. CODIFICATION/LEGISLATIVE FINDINGS. It is the
intention of the Board of County Commissioners that the provisions
of this Ordinance and the Interlocal Agreement referred to in
Section l(a) of this Ordinance shall be'codified and shall become
and be made a part of the Land Development Code of Seminole County,
Florida and the word "ordinance" may be changed to "section,"
"article," or other appropriate word or phase and the sections of
this Ordinance may be renumbered or relettered to accomplish such
intention; provided, however, that the legislative findings set
forth in the recitals to this Ordinance and Sections 2, 3, an~ 4
shall not be codified. The recitals set forth in the Interlocal
Agreement referred to in Section l(c) are hereby adopted as
legislative findings.
2
SECTION 3. SEVERABILITY. If any provision of this Ordinance
or the application thereof to any person or circumstance is held
invalid, it is the intent of the Board of County Commissioners that
the invalidity shall not affect other provisions or applications of
this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this
Ordinance are declared severable.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect
upon filing a copy of this Ordinance with the Department of State
by the Clerk of the Board of County Commissioners.
ENACTED this day of , 1998.
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
RANDALL C. MORRIS, Chairman
LG/gn
~EJ~RD
ECONO :I:C :!:IIAPACT STATEMENT
DATE: March 10, 1998
CONTACT PERSON: Cindy Manoni
DEPT./DIVISION: OMB
EXTENSION: X7172
DESCRIBE PROJECT/PROPOSAL:
This Ordinance adopts into the Land Development Code the inter-local agreement
between the City of Sanford and Seminole County which relates to providing multi-
jurisdictional siting of adult and sexually oriented land uses. it specifies that the
issuance of development permits for a site remain consistent with the regulations
adopted by the jurisdiction where the site was physically located at the time of adoption
of this Ordinance, regardless of any subsequent annexations. The County and City will
coordinate review of each other's plan or land development amendments to ensure
consistency.
DESCRIBE THE DIRECT ECONOMIC IMPACT OF THE PROJECT/PROPOSAL'
UPON THE OPERATION OF THE COUNTY:
The impact on County staff will be minimal in that it will continue to review development
within the unincorporated area. In fact, by duplicating permitted adult establishment
sites, both City and County staff could have fewer developments overall to review.
County staff is already investing considerable work effort with regard to adult use
issues.
The need to review the City's Comprehensive Plan and land development regulations
will require some time commitment by County staff. However, efforts may not
significantly exceed the time currently allotted to the review of neighboring jurisdictions'
regulations for the purposes of intergovernmental coordination.
DESCRIBE THE DIRECT ECONOi~ilC IMPACT OF THE PROJECT/PROPOSAL
UPON THE PROPERTY OWNERS/TAX PAYERSICITIZENS WHO ARE EXPECTED
TO BE AFFECTED:
The impact to potential developers of adult entertainment establishments and sexually
oriented businesses could be negative since fewer adult sites may be available as
opposed to the two jurisdictions making available two totally disparate sets of sites.
The economic impact to potential non-adult businesses and surrounding neighborhoods
will be positive since there could be fewer adult businesses which generally erode
property values.
IDENTIFY ANY POTENTIAL INDIRECT ECONOMIC IMPACTS, POSITIVE OR
NEGATIVE WHICH MIGHT OCCUR AS A RESULT OF THE PROJECT PROPOSAL:
The economic impact to the County as a whole will be positive. There will be a reduced
potential for the spread of adult entertainment industry in Seminole County which will
improve the County's image, its ability to attract viable new businesses and tourists,
and its property tax base.
P !O,VI~O~Ii]~,AG[:.NI)A%ECIMPtI,DC DOC
ORDINANCE NO. 98-3392
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
RELATING TO MULTI-JURISDICTIONAL LAND USE WITH
REGARD TO THE PERMITTING, LOCATING, AND SITING
OF ADULT ENTERTAINMENT ESTABLISHMENTS A N D
SEXUALLY ORIENTED BUSINESSES; AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
SAN FORD, FLORIDA; ENACTING AS A CITY OF SANFORD
LAND DEVELOPMENT REGULATION THE PROVISIONS OF
AN INTERLOCAL AGREEMENT BY AND BETWEEN THE
CITY OF SAN FORD AND SEMINOLE COUNTY; PROVIDING
THAT SITES WHEREON ADULT ENTERTAINMENT
ESTABLISHMENTS AND SEXUALLY ORIENTED
BUSINESSES MAY BE LOCATED IN THE CITY SHALL
ALSO BE AVAILABLE COUNTY SITES; PROVIDING THAT
SITES WHEREON ADULT ENTERTAINMENT
ESTABLISHMENTS AND SEXUALLY ORIENTED
BUSINESSES MAY BE LOCATED IN THE COUNTY SHALL
ALSO BE AVAILABLE CITY SITES; PROVIDING THAT ALL
SUCH SITES SHALL BE JOINT SITES; PROVIDING FOR
THE COORDINATION OF COMPREHENSIVE PLANS AND
LAND DEVELOPMENT REGULATIONS; PROVIDING FOR
THE PURPOSE AND INTENT OF THE JOINT PLANNING
AREA; PROVIDING FOR COMPREHENSIVE PLANNING
AND LAND DEVELOPMENT REGULATORY ACTIVITIES;
PROVIDING FOR THE USE OF LAND FOR ADULT
ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY
ORIENTED BUSINESSES; PROVIDING FOR THE
PROVISION OF INFRASTRUCTURE; PROVIDING FOR
CONFLICT RESOLUTION; PROVIDING FOR TERMS;-
PROVIDING FOR NOTICEAND OTHER ADMINISTRATIVE
MATTERS AND PROVISIONS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, Ordinance No. 3117, said Ordinance being: the Land Development
Regulations of the City of Sanford, Florida is amended hereby to provide for joint siting of
Ordinance No. 98-3392
Page I ,,
Adult Entertainment Establishments and Sexually Oriented Businesses in unincorporated
Seminole County or in the incorporated areas of the City of Sanford, pursuant to .the
provisions of an Interlocal Agreement by and between the City of Sanford and Seminole
County.
WHEREAS, the recitals set forth in the Interlocal Agreement referred to in Section
(1) hereinafter are hereby adopted as legislative findings.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE
CITY OF SANFORD, FLORIDA:
SECTION 1: ADOPTION OF INTERLOCAL AGREEMENT AS LAND
DEVELOPMENT REGULATIONS:
(a) The Interlocal Agreement entitled "Seminole Cou, nty/City of Sanford Joint
Planning Interlocal Agreement Relating to Adult or Sexually Oriented Uses" and dated
Lf)'~} c,O,~, 1998 is hereby adopted as land development regulations applicable within
the incorporated areas of the City of Sanford.
(b) The terms, provisions,. conditions and procedures set forth in the Interlocal
Agreement referred .to in Section (1)(a) shall be administered in accordance with the terms,
provisions, conditions and procedures of the Land Development Regulations of the City
of Sanford.
SECTION 2: INCLUSION. The provisions of this Ordinance shall be included and
incorporated within the Land Development Regulations of the City of Sanford, Florida, and
the Land Development Code shall be revised to accommodate such inclusion.
SECTION 3: SEVERABILITY. If any section or portion of a section of this
Ordinance No. 98-3392
Page 2 ',
ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair
the validity, force or effect of any other section or part of this ordinance.
SECTION 4: CONFLICTS. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby revoked.
SECTION 5: EFFECTIVE DATE. That this ordinance shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED this 23rd da , ., .
ATTEST: ..
,'I:,
As the City Commission of the
City of Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 98-3392, PASSED AND
ADQFi'TED,,Cay the City Commission of the City of Sanford, Florida, on the 23rd day of -
,"' ront door of the City Hall in the City of Sanford, Florida,
., '. y CI
"':~.Fi\F LES\WER\~&'S\LANDREGADULTENTER.ORD City of Sanford of Sanford, Florida
Ordinance No. 98-3392
Page 3