HomeMy WebLinkAbout434-Joint Planning SEMINOLE COUNTY/CITY OF SANFORD
JOINT PLANNING INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into this
J/~day of ~, 1991, by and between SEMINOLE
COUNTY, 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".
WHEREAS, it is beneficial to the public for local governments
to work together in a spirit of harmony and cooperation and the
CITY and the COUNTY have worked together in the past as evidenced
by the following Interlocal Agreements:
- Seminole County/City of Sanford Automatic Aid/First
Response Interlocal Agreement dated September 20, 1989.
- Road Impact Fee Interlocal Agreement dated August 15,
1989.
- Road Maintenance and Right-of-Way Dedication Interlocal
Agreement (Bevier Road) dated September 14, 1987.
- Urban Service Area and Utilities Service Area Establish-
ment Interlocal dated October 18, 1990.
- Rand Yard Road Maintenance Interlocal Agreement Between
Seminole County and the City of Sanford dated July 16,
1990.
- Upsala Road Intersection Construction Agreement dated
November 16, 1990.
- Agreement for the Enforcement of Building Codes dated May
3, 1983
- and numerous interlocal agreements relating to the
Community Development Block Grant Program; and
1
WI~EREAS, in June, 1989 the Board of County Commissioners and
the Sanford City Commission executed joint resolutions that
expressed agreement as to a number of considerations affecting both
the CITY and the COUNTY, including urban planning, transportation
impact fees, first response fire service, future annexation limits
for the CITY, and water and wastewater service area boundaries for
the COUNTY and the CITY in the Sanford/Seminole County Joint
Planning Area hereinafter referred to as the Joint Planning Area;
and
W}u~MEAS, the Joint Planning Area and future annexation
boundaries require more specific definition; and
W~EREAS, the provisions of the Local Government Comprehensive
Planning and Land Development Regulation Act (Part II, Chapter 163,
Florida Statutes) and the Rules of the Florida Department of
Community Affairs (in particular Rule 9J-5.015, Florida Administra-
tive Code) provide for intergovernmental coordination in. the
comprehensive planning process; and
WHEREAS, the provisions of this Agreement are consistent with
the State Comprehensive Plan (Chapter 187, Florida Statutes); the
Regional Policy Plan adopted by the East Central Florida Regional
Planning council and the comprehensive plans of the CITY and the
COUNTY; and
WHEREAS, the parties have the lawful right and power tolenter
into this Agreement.
2
WITNESSETH:
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 1o RECITaLs. The foregoing recitals are true and
correct and form a material part of this Agreement upon which the
parties have relied.
SECTION 2o PURPOSE/INTENT/JOINT PLANNING AREA.
(a) The purpose of this Agreement is to adopt standards and
procedures to insure that coordinated and cooperative comprehensive
planning activities are accomplished to guide urban expansion. The
purpose of the following provisions are to provide the public and
landholders with some certainty as to how property wi.ll be
developed in the Joint Planning Area, to provide both jurisdictions
a level of confidence that their respective plans will be imple-
mented, and to provide formal conflict resolution procedures to
reduce future conflicts.
(b) For the purposes of this Agreement, the "Joint Planning
Area" means the area reflected in Exhibit "A" to this Agreement
which Exhibit is incorporated herein by this reference thereto as
if fully set forth herein verbatim.
SECTION 3. COMPREMENSIVE PLANNING, FUTURE LAND USES AND
DEVELOPMENT APPROVALS.
(a) Findings/Purpose. The COUNTY and the CITY have reviewed
their respective Future Land Use Designations and Land Development
3
Regulations for consistency. It was found that many Future Land
Use Designations, at the time of this Agreement, are equivalent and
therefore property developing to these equivalent land uses,
whether in the unincorporated area or CITY, will be consistent with
the CITY's and COUNTY's Future Land Use Plans. It was also found
that the Land Development Regulations of both jurisdictions, at the
time of this Agreement, are consistent and that property developing
in the unincorporated area or CITY will meet consistent minimum
standards~
(b) Future Land Use Ec[uivalency. Exhibit "B", attached
hereto and entitled "Future Land Use Equivalency Chart", sets forth
equivalent future land use plan map designations with related
intensities and densities between respective CITY and COUNTY
comprehensive plans. Said Exhibit is incorporated herein bY this
reference thereto as if fully set forth herein verbatim.l~ .The
Future Land Use Equivalency Chart shall provide the basis for
review by the COUNTY and the CITY of future land use element
consistency and compatibility determinations with regard to the
respective future land use plan elements of the CITY and the COUNTY
with particular reference to lands adjacent to the jurisdictional
limits of the CITY and the COUNTY and to lands that may be annexed
by the CITY. Parcels of land annexed into the CITY or developed in
the unincorporated area which develop to an equivalentland use
designation shall not be opposed by the CITY or COUNTY based =on the
compatibility of land use type, density or intensity. The Future
4
Land Use Equivalency Chart may be amended from time to time as
agreed by both parties.
(c) Reco~anendations For Future Comprehensive PlanAmendments.
Exhibit "C" attached hereto and entitled "Recommendation For Future
Comprehensive Plan Amendments", sets forth land use designations
that may be appropriate over a twenty (20) year planning horizon,
but which are not recommended for adoption in the CITY'S or
COUNTY's future land use element at this time as the recommended
designation represents a major change in uses which have not
undergone extensive public review and these uses may require
additional services and facilities above those programmed in the
County or City's Capital Improvement Elements. The purpose Of
developing jointly acceptable long range land use recommendations
is to provide some consistent guiding recommendations from-whiCh
future applicant requested or administratively generated land use
plan amendments can be reviewed. Parcels of land proposingto
develop consistent with these recommendations will not be~opposed
based on the joint land use recommendations contained in Exhibit
"C" but will undergo joint review for facility and services to
ensure that adopted levels of service are maintained. Exhibit "C"
may be amended from time to time as agreed by both parties.
(d) Joint Review Of PlanAmendments. During the development
and drafting phases of the respective comprehensive plans or plan
amendments of the CITY and the COUNTY, CITY and COUNTY staff shall
transmit respective draft planning documents to the other as part
of the public participation processes and intergovernmental
5
coordination mechanisms. Each staff shall compare each other's
plan or plan amendments to determine whether proposed land uses and
policies in the Joint Planning Area are consistent and equivalent
pursuant to the Future Land Use Equivalency Chart and Recommenda-
tions For Future Comprehensive Plan Amendments. This Agreement is
not intended to modify or require special procedures or processes
for respective COUNTY and CITY planning programs.
SECTION 4. ANNEXATION AND LAND USE JURISDICTION.
(a) Jurisdiction Over Annexed Parcels. The parties recognize
that the COUNTY loses land use jurisdiction over annexed properties
subsequent to their annexation into the municipal limits of the
CITY. Upon annexation of COUNTY lands by the CITY, the CITY shall
have the authority to process rezoning, site plan and =plat
applications and apply CITY Land Development regulationS, in
accordance with Subsection 4(b) of this Agreement.
(b) Land Use and Zoning Desic[nation For Parcels Annexed Into
the CITY. Upon annexation of COUNTY lands by the CITY, said. lands
shall have the zoning clarification assigned to them in accordance
with and by operation of law. Upon annexation the CITY shall apply
a CITY zoning district in a manner consistent with the Future Land
Use Equivalency Chart included in this Agreement. The CITY shall
amend its comprehensive plan to include annexed lands during its
plan amendment cycle immediately following such annexation. Plan
amendments and/or rezonings that are not consistent with the Future
Land Use Equivalency Chart (Exhibit "B") of this Agreement shall
undergo a joint CITY/COUNTY review and zoning, plat and site plan
6
final approvals shall not become effective until the CITY's plan is
amended according to the review and approval process in Chapter
163, Florida Statutes.
SECTION 5. COORDINATION OF LAND DEVELOPMENT REGULATIONS.
(a) Uniform Right-of-Way and Buildin~ Setbacks on Ma~or
Roads. In addition to establishing consistent future right-of-way
requirements for major roadways, the CITY and the COUNTY agree to
set uniform base building lines on such roadways as part of their
required 1992 Land Development Code update. Such base building
lines result in a uniform building setback that supersedes a lesser
building setback in a given zoning district.
(b) Land Development Code Updates. Each party will be
provided by the other party with a meaningful opportunity toreView
and provide formal comments relating to all land development
regulation updates or revisions except amendments to the Zoning
district map unless otherwise specified. Land Development. Code
updates relating to the Higher Intensity Planned DeVelopment
District in the Interstate Highway 4/State Road 46 area .will
undergo joint CITY/COUNTY review and will be incorporated into CITY
and COUNTY codes to more effectively manage development of this
higher intensity area.
(c) Review of Development Proposals for Transportation
Impacts. Each party shall provide the other party with a meaning-
ful opportunity to review and comment upon planned development
project rezonings, proposed subdivisions and site plans located
adjacentto the other's jurisdiction. The primary consideration as
7
to such reviews shall be consistency with the provisions of this
Agreement and an evaluation and analysis of off-site transportation
impacts. Applications and proposals for the above mentioned
projects shall be forwarded to the reviewing party as soon as
practicable after the time of receipt.
SECTION 6. ANNEXATION CRITERIA. The parties agree that
contiguity will be the primary criteria for annexation of lands
located within the Sanford Urban Area. Within this area the COUNTY
agrees, to the extent permitted by law, not to oppose the-annex-
ation of any parcel that is contiguous and relates to lands located
either East of Interstate 4 or East of the Interstate 4 Industrial
Park.
SECTION 7. CONFLICT RESOLUTION.
(a) Interqovernmental Comm~mication. In the event that
disagreements or conflicts arise between the parties relating to
the terms and provisions of this Agreement, the following proce-
dures for conflict resolution will be initiated prior to final
action by the approving agency:
(1) Management. The chief administrative officials of
both the CITY and the COUNTY shall meet to review unresolved issues
and to develop a report to the respective Commissions. Reports
must be submitted to the Commissions ten (10) working days.prior to
scheduled final action and should address areas of agreement, areas
of disagreement and recommended compromise provisions or options.
(2) Elected Officials. If agreement over unresolVed
issues is not reached after the procedure set forth in Section
8
7(a)(1) is accomplished, a joint worksession meeting of the
respective Commissions may be held within twenty (20) working days
of submission of the report. Both entities agree to delay final
action regarding the conflict until either a joint worksession is
held or a determination is made that one shall not be held.
(b) Informal Conflict Mediation. The parties agree to
maximize utilization of the Informal Interjurisdictional Mediation
Process of the East Central Florida Regional Planning Council
embodied in Rule 29F-3.012, Florida Administrative Code,..or its
successor provision. Actions relating to the issue of conflict
shall be delayed, to the maximum practicable extent, if the
informal mediation process is utilized.
(c) Chapter 164, Florida Statutes. Nothing in this Agreement
shall be deemed in any way to waive any rights deriving to a party
under the provisions of Chapter 164, Florida Statutes, or its
successor provision.
(d) Time of Actions. The parties agree, to the extent
practicable, to time their actions to maximize intergovernmental
coordination, communication and cooperation.
SECTION 8. TERM. This Agreement shall be in effect.for a
five (5) year period beginning the date which it is fully executed
by the parties. 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 9. NOTICE. Contact persons for this Agreement shall
be the CITY Manager and the COUNTY Manager.
FOR T}IE CITY
Bill Simmons, City Manager
City of Sanford
Post Office Box 1788
Sanford, Florida 32772-1788
FOR THE COUNTY
Ron H. Rabun, County Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
IN WITNESS WH~KEOF, the parties hereto have set their hands
and seals the day, month and year above written.
city sanford Date=
ATTEST: BOARD OF COUNTY COMMISSIONERS
-County Commissioners of Date:
-Seminole County, Florida°
For use and reliance As authorized for execution by
of Seminole County only. the Board of County Commis-
Approved as to for and sr
egal fflclen
LNG/gg LNG/gg
10/31/90 05/23/91
11/06/90 LNG/gn
01/02/91 08/12/91
o /3o191
05/21/91 ' 6 ~..?.~.>
10
· ' VBHV 9NINNVld .LNIOP AJ-NRO0 Ei'IONIIAIEIS/CIBO=INVS
V J. IBIHX~]
EXI~BIT "B" - FUTURE LAND USE EQUIVALENCY CHART
Future lind Use City Land Use City Zoning County Land Use County Zoning
Low Density LDR - SF '3R-1AA; SR-1A; SR-1; LDR A-l, AC, RC-1, R-l, R1-A,
Residential ~ Single 6 DU/Acre PD; AG 1-4 DU/Acre R1-AA, R1-AAA, R1-
Family AAAA, PLI, PUD
Medium Density MDR - 10' SR-1AA; SR-1A; SR-1; MDR All LDR Zonings, RM-i,
Residential 10 DU/Acre MR-l; PD; AG 4-10 DU/Acre RM-2, R-2, R3A, R1-B,
R1-BB, RP
Medium Density SR-1AA; SR-1A; SR-1; HDR All MDR Zonings, R-3,
Residential MDR - 15 MR-l; MR-2; PD; AG High Density Residential R-4
15 DU/Acre Over 10 DU/Acre
High Density SR-1AA; SR-1A; SR-1; All MDR Zonings, R-3,
Residential - 20 HDR MR-l; MR-2; MR-3; HDR R-4
DU/Acre PD; AG
ROI MR-i; MR-2; MR-3; OP,RP,AC, A-l, PLI, PUD
Office Residential-Office- RMOI; PD; AG Office
Institutional
Commercial NC - Neighborhood RMOI; RC-1; GC-2; All Office Zonings
GC - General PD; AG Commercial CN,CS,
C-1,C-2,PCD
Industrial I - Industrial RI-1; MI-2; PD; AG Industrial C-3,M-1A, M-1,A-1,OP,C-
1,C-2, PCD,PLI,PUD,DC
High Intensity Mixed HI - 1-4 High Intensity PD; AG HIP - High PUD, PCDD, PLI, AG,
Use Planned WIG - Westside Industry Intensity Planned A-I, AC
Development and Commerce Development
AIC ~ Airport Industry and
Commerce
Public/Semi-Public PSP All Zones Public/Quasi PLI, AC, A-1
Public Recreation
Conservation RP - Resource Protection All Zones ConServation AC,
General Rural GR AG; PD Suburban Estates AC, A-i, PLI,
(1 DU/5 Acre) 1 DU/Acre RM-3
Revised Odtober 10, 1991.
SIN~IAICIN~IAIV N~'ld !~AISN~H~EldlAiOO "ql::lNJ. N::l EIO::I SNOIJ. V(]N'::IIAII,NOO~I:i
· ' ,o .u~lF~x~ V=mJdV 9NINNV'ld INIOP CIEIO.-INVS .40 AIlO/~'IN~O3 :rlONIIAJqS
EXHIBIT C ..
SEMINOLE CO~TY/ClTY OF SANFORD JOINT PLANNING AREA
RECOMMENDATIONS FOR FU"EURE COMPREHENSIVE PLAN AMENDMENTS
This Exhibit sets forth land us~ designations that may be appropriate over a twenty (20) year planning horizon.
The purpose of developing Jointly acceptable long range land use recommendations is to provide some consistent
guiding recommendations from which future applicant requested or administrative land use plan amendments can
be reviewed. Parcels of land proposing to develop consistent with these recommendations will not be opposed
based on the joint land use recommendations. A facility capacity analysis will need to be conducted at the time
of Plan amendment and amendments will undergo Joint review for facility and services to ensure the adopted
levels of service are maintained. These recommendations may be amended from time to time as agreed by both
parties.
REFERENCE GENERAL SEMINOLE COUNTy
NUMBER LOCATION ADOPTED LAND USE FUTURE LAND USE RECOMMENDATIONS/COMMENTS
1 North and East of Industrial/ Suburban RecommendLow Density Residential (up to 6 du/ac)
Midway Estates IConservation and Conservation with no expansion to non-
residential land designations. Industrial,
commercial and Medium Density land uses reflect
existing zoning. This area will be the subject
of a neighborhood redevelopment plan which may
recommend alternative land uses.
2 Intersection of SR C o m m e r c i a 1 / Recommend airport compatible Commercial and
46/CR 415 industrial/ Suburban Industrial land uses under the airport flight
Estates zone. Require Planned Development zoning to
address service and facility needs.
3 South & East side Suburban Estates/ 1) The cit~ and county will update their
of Airport Conservation Comprehensive Plans and Land Development Codes by
1993 to designate Airport compatible land uses in
the Airport flight paths and noise zones. At a
minimum, this update will include:
· Designation of uses which will not
prohibit expansion of airport operations;
1
REFERENCE GENERAL S~MINOLE COUNTY
NUMBER LOCATION ADOPTED LANDUSE FUTUPa LAND USE RECOMMENDATIONS/COMMENTS
· Strategies to permit the conversion of
existing neighborhoods to airport
compatible uses and to minimize non-
residential impacts during the conversion
process;
· Identification of service and facilities
needed to support future land uses.
2) The County and City should add the Lake Mary
Blvd./Silver Lake Drive easterly extension to
connect to SR 46 East to the long range traffic
circulation plans. The alignment and programming
of this facility requires close coordination with
the Central Florida Regional Airport master Plan.
Development in this area should not be encouraged
until the extended roads\way is in place, within
a City/County budget, is the subject of a binding
developer agreement or is otherwise consistent
with the COunty's and the City's concurrency
management system.
3) In the South and Easterly areas of Airport
Environs land use plan amendments should be t~
airport compatible uses ~nly:
· Residential uses on 5 acre parcels with a
grandfather provision for existing parcels
of record;
· Light industrial, airport related office,
motel, warehouse and other uses meeting
Federal Aviation Administration criteria
adjacent to the airport provided with
adequate facilities and services concurrent
with development; ~nd
· Recreation and conservation uses.
REFERENCE OENERAL SEMINOLE COUNTY
NUMBER LOCATION ADOPTED Ia&ND USE FUI~JRE LAND USE RECOMMENDATIONS/COMMENTS
4) As a condition to approving development, many
existing streets in the Sanford Airport Area,
such as by way of example, Beardall Avenue and
Cameron Avenue, will require improvement to meet
applicable functional standards to provide access
to more intensive urban development.
Silver Lake L o w D e n s i t y Medium Density Residential for the area north of
Residential/Suburban Silver Lake Drive between existing Medium Density
Estates Residential in the City. The industrial area to
the south should maintain additional buffers to
residential areas and be restricted to light
industrial uses.
So. Sanford Ave Medium & Low Density city and County should maintain the Medium and
Residential Low Density Residential uses as a transition from
sanford's industrial areas to residential uses.
Recommend light industrial uses north of Pineway
to have additional buffer and setbacks.
Sanford Ave. Medium Density/ Recommend maintaining Medium Density Residential
R e s i d e n t i'a 1 / uses and permitting High Density
Commercial Residential/NeighborhoOd Commercial/Office
frontage on S~nford Avenue two lots deep on a
case-by-case basis. Prohibit commercial in
Woodmere on east side of Sanford Avenue.
Corner CR 46A/ L o w D e n s i t y Recommend Low Intensity Office uses at
country club R e s I d e n t i a 1 / intersection of CR 46A and Country Club Road to
conservation maintain compatibility with surrounding
residences and allowing commercial east of the
Expressway.
REFERENCE GENERAL SEMINOLE COUNTY , ,
NUMBER LOCATION ADOPTED LAND USE FUTURE LAND USE RECOMMENDATIONS/COMMENTS
8 North of Railroad/ Suburban Estates/Low Recommend Medium Density Residential as a
South of US 17~92 Density Residential/ transition between Medium Density Residential and
Industrial Residential/Office/ Institutional uses in the
City and surrounding Low Density Residential
development.
NOTE: County Low Density Residential and
Industrial uses have existing zonings; adjacent
city land use is Medium Density Residential.
Recommend no expansion Of industrial uses north
of the railroad; maintain large wetland adjacent
to US 17-92 ae Suburban Estates/conservation.
9 West of Upsala/ L o w D e n s i t y Recommend Medium Density Residential (up to 10
North of CR 46A Residential du/ac) north of Indian Trace City PUD and on
Upsala Road and West of Oregon. Recommend High
Density Residential north and west of Twin Lakes
along the Rinehart Road extension adjacent to
Higher Intensity Planned District area.
10 East of SR 46 Higher Intensity The City will amend Development Approval
corridor Planned Development Procedures within the I-4 High Intensity Area
coinciding with the County's High Intensity
Planned Development land use. Specifically, the
city will amend its Plan to require PD zoning for
any rezoning in such areas to address
infrastructure needs, provision of services,
development phasing, development intensity and
land use compatibility on a site-by-site basis.
Existing conventional zoning districts within the
City limits upon the effective date of this
agreement will be "grandfathered".
Uninoorporated parcels. developed prior to
December 8, 198~, shall~also be
4
REFERENCE GENERAL SEMINOLE COUNTY
NUMBER LOCATION ADdPTED LAND USE FUTURE LAND USE RECOMMENDATIONS/COMMENTS
grandfathered in accordance with the provisions
of the County's Comprehensive Plan. The city and
County shall work together to develop coordinated
development standards per Section 5(b) of this
agreement.