1026 - 2010 JPASEMINOLE COUNTY /CITY OF SANFORD
JOINT PLANNING AGREEMENT
THIS JOINT.] LANNI G AGREEMENT is made and entered into this
day of 2010, 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 ":
WITNESSETH:
WHEREAS, it is beneficial to the public for local
governments to work together in a spirit of harmony and
cooperation; and
WHEREAS, the CITY and the COUNTY have previously entered
into Interlocal Agreements; and
WHEREAS, the Board of County Commissioners and the
Sanford City Commission have executed joint resolutions that
expressed their consensus agreement as to 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
WHEREAS, the Joint Planning Area and future annexation
boundaries should be specifically defined; and
WHEREAS, in 1991 Seminole County and the City of Sanford
had a Joint Planning Agreement that has expired; and
WHEREAS, 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 Administrative 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
1
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 COUNTY and the CITY have determined that it is
in the best interest of the citizens of the COUNTY and the CITY
that this Interlocal Agreement also be entered into; and
WHEREAS, the COUNTY and the CITY have reviewed their
respective future land use designations and land development
regulations for consistency with one another's comprehensive
plans; and
WHEREAS, the COUNTY and the CITY have adopted comprehensive
plans, pursuant to Part II, Chapter 163, Florida Statutes,
which contain goals, policies and objectives that call for the
creation of interlocal agreements which deal with annexations,
services delivery, joint land use planning, and conflict
resolution, among other things; and
WHEREAS, the parties recognize that joint planning for the
growth and development of their respective jurisdictions with
regard to all matters of common impact and interest is
consistent with State law and serves the public interest; and
WHEREAS, the COUNTY and the CITY desire to protect the
health, safety and welfare of the citizens of their respective
jurisdictions; and
WHEREAS, land use matters which are the subject of this
Agreement include, but are not limited to, annexations,
comprehensive plan amendments, public service facility
expansions and contractions, school site land acquisitions and
proposed school construction and /or expansion on said sites, and
all other land use actions of whatsoever type or nature which
may affect or impact the parties to this Agreement; and
WHEREAS, the COUNTY and the CITY agree that joint planning
agreements addressing multi - jurisdictional land use issues and
provision of public services and facilities are a sound
planning goal that serves to further intergovernmental
coordination, and that additional agreements between the parties
are highly desirable; and
WHEREAS, Chapter 171, Florida Statutes, provides for the
lawful means whereby municipal corporations may expand by
annexation or contract their municipal boundaries; and
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WHEREAS, the Joint Planning Area and future annexation
transition boundaries should be specifically defined; and
WHEREAS, the COUNTY and the CITY do not desire, and believe
that it would not be in the best interests of the citizens of
Seminole County, to allow for conflicts to become manifest or
develop pertaining to the expansion and construction of the
CITY's jurisdictional boundaries; and
WHEREAS, the parties have the lawful right and power to
enter into this Agreement,
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.
SECTION 2. PURPOSE, INTENT AND JOINT PLANNING AREA.
(a) The purpose of this Agreement is as follows:
(1) Adopt standards and procedures to insure that
coordinated and cooperative comprehensive planning activities
are taken to guide urban expansion in the CITY and the COUNTY.
(2) Protect the general rural character of the Rural
Areas of Seminole County as depicted in the Seminole County
Comprehensive Plan and this Agreement, as it may be amended,
by establishing limits for and conditions relating to
future annexations by the CITY.
(3) Provide each party with a level of confidence
that their respective planning efforts will be implemented in
a harmonious manner and that the planning efforts of a party
will not detract from the planning efforts of the other party.
(4) Promote continued intergovernmental
coordination and cooperation between the COUNTY and the CITY.
(5) Provide for constructive collaboration during
the course of each jurisdiction making land use and annexation
or contraction decisions.
(b) The purpose of the following provisions is to provide
the guidance as to how property will be developed in the Joint
Planning Area, ensure that CITY and COUNTY land use plans will
be implemented, and to provide formal conflict resolution
procedures to amicably resolve disputes.
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(c) The policies and procedures set forth herein shall
apply only in the Joint Planning Area. For the purposes of
this Agreement, the "Joint Planning Area" means the area
reflected in Exhibit "A" to this Agreement which is incorporated
as if fully set forth herein.
SECTION 3. COMPREHENSIVE PLANNING, FUTURE LAND USES AND
DEVELOPMENT APPROVALS.
(a) Findings. The COUNTY and the CITY have reviewed their
respective future land use designations and land development
regulations for consistency between their jurisdictions. It
has been determined that many of their respective future land
use designations and land use regulations are equivalent and of
similar nature.
(b) Future Land Use Equivalency. The "Future Land
Use Equivalency Chart ", labeled Exhibit "B" and incorporated
herein, describes equivalent future land use designations in the
CITY and COUNTY comprehensive plans. These designations have
been deemed equivalent due to their similar intensities and
densities of allowable development. Both the COUNTY and the
CITY shall ensure that all of their respective land use
amendments and rezonings are consistent with the other
jurisdiction's zoning and future land use designations for the
subject property as described in Exhibit "B ", except to the
extent set forth in Section 3(c). The COUNTY shall not oppose
land development orders of the CITY if such actions are
compliant with applicable law and all COUNTY zoning and land use
designations as described in Exhibit "B ". The CITY shall not
oppose any land development orders of the COUNTY if such
orders are compliant with applicable law and all CITY zoning
and land use designations as described in Exhibit "B ". The
Future Land Use Equivalency Chart may be amended from time to
time as agreed upon by both parties and each such proposed
amendment shall include, an assessment and evaluation of all
required planning elements including, but not limited to:
(1) Public services and facilities (e.g., water,
drainage, sewer, roads, public safety, law enforcement,
schools, library services, etc.).
(2) The identification and evaluation of current
supply of vacant land already designated for the proposed land
use category.
(3) Fiscal impacts related to the cost of and
payment for urbanization.
(4) Rural /Urban transition controls.
(5) Designation and protection of parks,
conservation areas, open space, flood prone and
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environmentally sensitive areas within the "Joint Planning
Area ".
(c) Recommendations For Future Comprehensive Plan
Amendments. The purpose of developing jointly acceptable long
range land use recommendations is to provide consistent
guiding principles from which land use plan amendments can be
reviewed. The "Recommendation For Future Comprehensive Plan
Amendments" labeled Exhibit "C" and incorporated herein by
reference, sets forth future land use designations that may be
assigned to the described property. These proposed land use
designations have not yet undergone extensive public review and
may require services and facilities beyond those allotted in
the COUNTY's or CITY's respective Comprehensive Plans' Capital
Improvement Elements.
Parcels of land in the CITY proposed to be developed in a
manner consistent with the recommendations contained in Exhibit
"C" and applicable law will not be opposed by the COUNTY.
However, such proposed development must undergo joint review of
the CITY and COUNTY regarding facilities and services to
ensure that adopted levels of service are maintained.
Parcels of land in the unincorporated COUNTY proposed to be
developed in a manner consistent with the recommendations
contained in Exhibit "C" and applicable law will not be
opposed by the CITY. However, such proposed development must
undergo joint review of the CITY and COUNTY regarding
facilities and services to ensure that adopted levels of
service are maintained.
(d) Recognition of Rural Area in Comprehensive Plans.
In 2004, Seminole County voters approved a County referendum
that established a Rural Area and a Rural Boundary in the Home
Rule Charter through a map and a legal description. The Charter
Amendment also required the COUNTY to add the map and legal
description to the Seminole County Comprehensive Plan, which
the COUNTY added to the FLU Exhibits as the "Rural Boundary
Map" and "Legal Description for Rural Area ". The Charter
Amendment provided direction that, for the legally described
Rural Area as shown in the "Rural Boundary Map ", the Future
Land Use designations contained in the Seminole County
Comprehensive Plan shall control the density and intensity of
development. Additionally, the Board of County Commissioners
must approve all changes to the Future Land Use designations
regardless of whether any lands in the Rural Area are located
within a municipality. In concert with this electorate
decision, the CITY will also process a Comprehensive Plan
Amendment in the next amendment cycle following execution of
this agreement, to add the Rural Boundary Map and accompanying
Legal Description to the Sanford Comprehensive Plan.
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(e) Joint Review of Plan Amendments. During the
development and drafting phases of the respective comprehensive
plans or plan amendments of the CITY or the COUNTY, CITY and
COUNTY staff shall transmit all of their respective draft
planning documents to the other jurisdiction as part of the
public participation processes and intergovernmental
coordination mechanisms within twenty -one days prior to the
first public hearing.
(f) Special Area Studies, The CITY and COUNTY recognize
there are certain areas within the Joint Planning Area that
have particular development patterns and /or community needs.
Further evaluation of these patterns and /or community needs may
benefit the citizens of Seminole County The CITY and
COUNTY may jointly study and provide standards that address
such needs from time to time. Areas that may be candidates for
special area studies include but are not limited to: Midway,
Sanford Avenue Corridor, Silver Lake /Ohio Avenue, Lake Mary
Boulevard (south side), the Rand Yard Road area, and areas
surrounding the Airport.
SECTION 4. ANNEXATION AND LAND USE JURISDICTION.
(a) Land Use and Zoning Designation for Parcels Annexed
Into the CITY. Upon annexation of COUNTY lands into the
CITY, the COUNTY will not object to CITY rezoning, development
orders or plat approvals as long as such actions are taken in
accordance with the terms of this Agreement and applicable
law. The CITY shall amend its comprehensive plan to include
annexed lands during its first plan amendment cycle following
such annexation.
(b) Land Use and Zoning Designation for Parcels De-
annexed From the CITY. Upon de- annexation or contraction of
CITY property into the COUNTY, the COUNTY shall apply a COUNTY
zoning district in accordance with this Agreement. The COUNTY
shall amend its comprehensive plan to include de- annexed lands
during its first plan amendment cycle immediately following
such de- annexation or by initiating a comprehensive plan
amendment.
(c) Annexation Criteria and Restrictions. The COUNTY
agrees not to oppose the annexation of any parcel within the
Joint Planning Area that is undertaken in compliance with
applicable state and federal laws. Further, the COUNTY
recognizes that there currently exist large enclaves of
unincorporated COUNTY lands surrounded by the CITY and that it is
in the interest of both the CITY and the COUNTY that such
enclaves be eliminated. As such, the COUNTY will not object to
the creation of smaller enclaves caused by CITY annexation of
certain properties within these larger enclaves, as long as the
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annexation otherwise complies with State law. The parties
further agree that neither the COUNTY nor the CITY will
permit development at any density greater than one dwelling
unit per acre in an area identified as number "5" in Exhibit
"C ", except that nonresidential development shall be permitted
consistent with the SeminoleWay initiative.
(d) Interlocal Agreement to Annex Enclaves Ten Acres or
Less in Size. The parties shall avoid the creation of
enclaves and halt any serpentine annexations in the "Joint
Planning Area," except to the extent that creation of smaller
enclaves within existing enclaves is necessary to reduce the
size of said existing enclaves. The parties agree that
enclaves less than 10 acres in size may be automatically
annexed upon property owner consent or transfer of fee
ownership pursuant to F.S. 171.046(2) (a), which provides
that such enclaves may be annexed through an interlocal
agreement between a County and a municipality. Pursuant to
F.S. 171.046, this annexation process is not available for
property that is unimproved or undeveloped. Properties
eligible for this, provision are identified on the map in
Exhibit "D ".
SECTION 5. DEVELOPMENT ALONG CELERY AVENUE. Property
located adjacent to Celery Avenue shall be developed at
densities no greater than those specified in Sections 1 and 2
of Exhibit "C ". Central water and sewer lines shall be
installed prior to any new development along Celery Avenue.
The CITY shall accept road maintenance and improvement
jurisdiction over the length of Celery Avenue right -of -way, and
West 13th Street from US 17/92 to Sanford Avenue, for the entire
width of the right -of -way, where any properties abutting Celery
Avenue on either the north or south side of the right -of -way
have: (1) previously been annexed into the CITY prior to the
effective date of this Agreement, and (2) are annexed following
the effective date of this Agreement. The CITY will maintain
the roadway at the current level of service operation and
surface condition, providing customary maintenance and
improvements as needed. The COUNTY agrees to contribute to the
cost, in the amount of two hundred fifty thousand dollars
($250,000), of reconstructing /resurfacing 13th Street from US
17/92 to Sanford Avenue, and to complete the resurfacing of
Celery Avenue from Mellonville Avenue to SR -415 by October 1,
2010. Resurfacing will include base reconstruction as
determined by a pavement condition analysis to be completed in
FY 09/10 by Seminole County. Upon completion of the paving of
Celery Avenue and payment of the $250,000 13th Street
contribution to the City, the CITY and COUNTY shall enter into
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an interlocal agreement, in accordance with Florida Statutes,
for the purpose of transferring maintenance responsibility for
Celery Avenue from the COUNTY to the CITY.
SECTION 6. COORDINATION OF MISCELLANEOUS LAND DEVELOPMENT
REGULATIONS.
(a) Uniform Right -of -Way and Road Standards. The CITY and
the COUNTY agree to establish consistent road and right -of-
way development standards and requirements for all cross -
jurisdictional roadways.
(b) Roadway Jurisdiction and Transfer. The CITY and
COUNTY agree to develop an objective system of evaluating and
determining when a roadway should be transferred to the CITY
for maintenance and improvement.
(c) Land Development Code Updates, Each jurisdiction
shall provide the other jurisdiction with a timely
opportunity to review and provide formal comments relating to
all land development regulation updates or revisions
proposed in their jurisdiction by providing the other
jurisdiction with written notification of the pending update or
revision at least two (2) weeks prior to any official action on
the matter. Land Development Code updates relating to the
Higher Intensity Planned Development District in the Interstate
Highway 4 /State Road 46 area will undergo joint review and
shall be incorporated into both CITY and COUNTY land development
codes in order to more effectively manage development of this
higher intensity area.
(d) Review of Development Proposals for Transportation
Impacts. Each jurisdiction shall provide the other
jurisdiction with a timely opportunity to review and comment
upon planned development project rezonings, proposed
subdivisions and site plans located adjacent to the other's
jurisdiction by providing all related documentation to the
other jurisdiction at least two (2) weeks (ten business days)
before the item is considered by a recommending or decision -
making body.
SECTION 7. CONFLICT RESOLUTION.
(a) Intergovernmental Conflict Resolution. In the event
that disagreements or conflicts arise between the parties
relating to the terms and provisions of this Agreement, the
resolution procedures of the Intergovernmental Planning
Coordinating Agreement of 1997 will be followed and shall
control as to any disputes between the parties.
(b) Chapter 164, Florida Statutes. Nothing in this
Agreement shall be deemed in any way to waive any rights
M.
deriving to a party under the provisions of Chapter 164,
Florida Statutes, or its successor provision.
(c) Time of Actions. The parties agree, to the extent
practicable, to time their actions to maximize intergovernmental
coordination, communication and cooperation.
(d) Joint Review. "Joint Review" as used in this
Agreement shall mean that the Planning Directors of each
jurisdiction, or their duly appointed agents, shall review and
discuss the proposed land development action. Should the
joint review not result in an agreement between the
jurisdictions, the matter shall be taken through the formal
conflict resolution procedures described in this section.
SECTION 8. CONFLICT OF INTEREST. The parties agree
that they will not take any action that creates or carries a
conflict of interest under the provisions of Part III, Chapter
112, Florida Statutes.
SECTION 9. AGREEMENT AMENDMENTS. This Agreement may
be amended and updated from time to time in order to keep pace
with an ever - changing environment and community vision. Such
amendments require execution by both governing bodies of the
CITY and COUNTY prior to the Agreement being effectively
amended.
SECTION 10. TERM. This Agreement supersedes and
supplants any prior existing Agreements between the CITY and
COUNTY regarding land development practices. This Agreement
shall be in effect for a five (5) year period beginning the
date on which it is fully executed by both 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 its
intention not to renew the Agreement.
SECTION 11. NOTICE. Contact persons for this Agreement
shall be the City Manager and the County Manager.
City Manager
City of Sanford
Post Office Box 1788
Sanford, Florida 32772 -1788
Seminole County Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
WX
SECTION 12. STANDING. The Parties do not intend for
this agreement to benefit any third parties and thereby
create standing where none now exists.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day, month and year above written.
ATTEST: CITY OF SANFORD
-
anet R. Doughe' y, Cl &k Linda Kuhn, Mayor AF
City of Sanford, Florida
Date:-j
Approved as to form and
legal sufficiency.
y-L U -IU �-U cy
40r4oc-
ATTEST:
Maryanne Morse,, lerk-1-0-
The Board of Caflinty
Commissioner o Seminole
COUNTY, FLOR D..
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
Count Attor e
BOARD
111g 8y:
Bob allari, a rman
Date:
As authorized for execution by
the Board of County
Commissioners at their r��e�ular
Meeting of 1�fi 2' ,
2010.
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