The URL can be used to link to this page

685-Intergovernmental Agrmt 97 - Sem Co School BoardINTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT OF 1997 THIS INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT OF 1997, herein referred to as the "Agreement", is made and entered into this day ofdq'flr: ~ 1999, by and among SEMINOLE COUNTY, hereinafter referred to as the "COUNTY", a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771; and the CITY OF ALTAMONTE SPRINGS, a Florida municipal corporation, whose address is 225 Newburyport Avenue, Aliamonte Springs, Florida 32701; and the CITY OF CASSELBERRY, a Florida municipal corporation, whose address is 95 Triplet Lake Drive, Casselberry, Florida 32707; and the CITY OF LAKE MARY, a Florida municipal corporation, whose address is 100 West Lake Mary Boulevard, Lake Mary, Florida 32746; and the CITY OF OVIEDO, a Florida municipal corporation, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765; and the CITY OF SANFORD, a Florida municipal corporation, whose address is 300 North Park Aventie, Sanford, Florida 32771; and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and THE SCHOOL BOARD OF SEMINOLE COUNTY, Florida, a political subdivision of the State of Florida and a body corporate pursuant to Section 230.21, Florida Statutes, whose address is 400 East Lake Mary Boulevard, Sanford, Florida 32773-7127. WITNESSETH: WHEREAS, the municipal corporations and school board listed above shall be collectively hereinafter referred to as the "CITIES" and "SCHOOL BOARD" respectively; and WHEREAS, in 1985, the COUNTY and CITIES entered into an Interlocal Agreement p:\cp\projectsXspecial\jpaMgnot4 .doc Seminole County Comprehensive Planning Division 12/16/97 CERTIFIED COPY fv!.^RvArxm~E t%.IORSE: C! rp!', r'F C'::~r:!~H S!_:.t::::' ~ C ,:j7:~',(. C for the purpose of providing mutual notification between and among the COUNTY and the CITIES which have mutual borders affected by any voluntary annexation, contraction, density changes, rezonings, comprehensive plan changes, and other land use actions prior to official action by either the COUNTY or the CITIES; and WHEREAS, the 1985 Interlocal Agreement has been a very useful mechanism in providing for notification between and among the COUNTY and the CITIES regarding annexations, contractions, density changes, rezonings, comprehensive plan amendments, and other land use actions; and WHEREAS, it is the intent of this Agreement' to continue to provide this useful notification relative to land use actions and to establish a framework for collaborative planning; and WHEREAS, it is mutually agreed that it is desirable to expand the scope and detail of the existing notification procedures of the 1985 Interlocal Agreement for the purpose of facilitating an even more orderly, timely and consistent review of annexations, contractions, density changes, rezonings, comprehensive plan amendments and other land use actions; and WHEREAS, Part II, Chapter 163, Florida Statutes, requires that the COUNTY and the CITIES adopt comprehensive plans which include intergovemmental coordination elements for the purpose of, among other things, determining coordination processes and procedures with adjacent local governments; and _ WHEREAS, the COUNTY, CITIES and SCHOOL BOARD (the "parties") desire to mutually cooperate with each other for the purposes of ensuring land use compatibility, insomuch as practical, between and among the parties; provide for efficient and effective public p:\cp\projects~special\jpaMgnot4.doc Seminole County Comprehensive Planning Division 12/16/97 services to residents of both the COUNTY and CITES; provide for a dispute/conflict resolution mechanism; and establish collaborative land use planning mechanisms; and WHEREAS, it is beneficial to the public for the parties to this agreement to work together in a spirit of harmony and cooperation as evidenced from the past; and WHEREAS, the COUNTY and the CITES desire to protect the health, safety and welfare of the citizens of their respective jurisdictions; and WHEREAS, Part II of Chapter 163, Florida Statues, requires the coordination of local comprehensive plans with the comprehensive plans of adjacent local governments and the plans of school districts and other units of local government providing public services, but not having regulatory authority over the use of land; and WHEREAS, provision has been made in this Agreement for coordination with the SCHOOL BOARD of Seminole County and certain other agencies of government; and WHEREAS, the Intergovernmental Coordination Element of the Seminole County Comprehensive Plan provides for the use of the Joint Planning Technical Advisory Committee to coordinate comprehensive plan programs and to ensure consistency between these programs and issues of multi-jurisdictional concern; and WHEREAS, the parties to this Agreement desire to establish an intergovernmental coordination program for providing mutual and timely notification of land use applications and proposals when action on such applications and proposals might affect or impact other parties;_ and WHEREAS, this Agreement will serve as a vehicle for the notification, identification, definition, and collaborative action as to any land use decision or action that may be of multi- jurisdictional significance and provide a process for reviewing proposed land use matters by p:\cp\projectsXspecial\jpaMgnot4.doc Seminole County Comprehensive Planning Division 12/16/97 enhancing planning analysis with minimal bureaucracy and expense for the parties and property owners; and WHEREAS, land use matters which are the sub,ject of this Agreement include, but are not limited to, annexations, contractions, density changes, rezonings, special exceptions/conditional uses, variances, comprehensive plan amendments, public service facility expansions and contractions, school site land acquisition and proposed school construction and/or expansion, and all other land use actions which may affect or impact the parties to this Agreement; and WHEREAS, it is the desire of the parties that each affected party have the opportunity to review and analyze, to the maximum extent possible, all proposed land use actions and have an opportunity to express comments and concerns relating to such proposed actions before final action is taken by any other party; and WHEREAS, the COUNTY AND CITIES agree that joint planning agreements addressing multi-jurisdictional land use issues and provision of public services and facilities, are a sound planning goal that serve to further intergovernmental coordination; and WHEREAS, the COUNTY AND CITIES agree that, although this Agreement can be a very useful mechanism in providing for notification between and among the parties regarding annexations, contractions, density changes, rezonings, comprehensive plan amendments, and other land use actions, joint planning agreements provide a more effective, comprehensive and_ desirable mechanism to ensure intergovernmental coordination and collaborative planning regarding multi-jurisdictional land use issues and provision of public services and facilities; and WHEREAS, the COUNTY AND CITIES agree that this Agreement serves as an interim step toward the adoption of,joint planning agreements; and p:\cp\projects',speciaNpaMgnot4 .doc Seminole County Comprehensive Planning Division 12/16/97 4 C WHEREAS, the parties agree to make every effort to complete the Intergovernmental Coordination Issues Report (ICIR) and to negotiate and adopt, in good faith, joint planning agreements as soon as practicable following the completion of the ICIR, provided for in Section 4(B)(3) of this Agreement; and WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters 125, 163, 166 and 230, Florida Statutes; the Seminole County Home Rule Charter; the Charters of the CITIES; and other applicable law; NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: SECTION 1: RECITALS. The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. SECTION 2: PURPOSE OF AGREEMENT. (A) The general purpose of this Agreement is to establish a framework for coordination, communication and notification of proposed land use actions, to build cooperation between affected local governments and SCHOOL BOARD to create an opportunity and process to resolve potential disputes, and to serve as an interim step until the COUNTY AND CITIES adopt joint planning agreements. (B) This Agreement is intended to accomplish, at a minimum, the following: (1). Timely Notification. Proposed land use actions including, but not limited to, annexations, contractions, density changes, rezonings, special exceptions/conditional uses, variances, comprehensive plan amendments, public service facility expansions and p:\cp\projects~special\jpaMgnot4.doc Seminole County Comprehensive Planning Division 12/16/97 ( contractions, school site land acquisition, proposed school construction and/or expansion, and all other land use actions which may affect or impact any of the parties to this Agreement shall have sufficient distribution and dissemination to insure that transmittat of comprehensive plan amendments and final approval of development orders and permits will not occur without adequate notice to every other party where jurisdictional boundaries abut the boundaries of the notifying party. (2) Review, Analysis and Evaluation. Adequate review time shall be provided for analysis and evaluation of land use proposals by other local governments and the SCHOOL BOARD within the jurisdictional limits of Seminole County. (3) Intergovernmental Coordination. Multi-jurisdictional issues regarding proposed land use actions and the associated provision of urban services, infrastructure improvements and other planning issues shall be articulated, considered and discussed to provide and implement, insomuch as practical, a collaborative land use planning process . . throughout the jurisdictional limits of Seminole County.' (4) Conflict Resolution. To provide an opportunity and mechanism for conflict resolution between the parties with regard to any proposal which may result in divergent views, positions and opinions. (5) Adequate Review Time. The adequate review time set forth in this Section shall be the notification periods established in Section 3 of this Agreement. _ SECTION 3: NOTIFICATION OF RECEIPT OF APPLICATION FOR LAND USE ACTIONS. (A) Each party to this Agreement shall provide timely notification of receipt of an applicant requested or administrative requested application, as set forth herein, to every other party where jurisdictional boundaries abut the boundaries of the notifying party of each application or p:\cp\projects~special\jpaMgnot4.doc 6 Seminole County Comprehensive Planning Division 12/16/97 C proposal for an annexation, contraction, density change, special exception/conditional use, variance, rezoning, comprehensive plan amendment, public service facility expansions and contractions, school site land acquisition, proposed school construction and/or expansion, and all other land use actions which may affect or impact the parties to this Agreement. The notifying party may also transmit notifications to any other party requesting notification of an application. (B) Notice of receipt of an application or initiation of a proposal shall be delivered to each pasty to this Agreement where jurisdictional boundaries abut the boundaries of the notifying party not less than fourteen (14) days prior to final official action by the party which will act upon the application or proposal. Each party recognizes that due to such varying elements as, review times, procedures and public meeting schedules, minimal time is necessary in order to adequately review and respond to applications or proposals, and that every effort will be made to transmit notices as early as possible in the review process. (C) Each party agrees to be responsible for the preparation and delivery of the required notice to the other parties. A uniform notice form is attached hereto as Exhibit "A". (D) This Agreement shall be liberally construed so as to resolve any question in favor of providing notice. SECTION 4: PLANNING COLLABORATION. (A) The parties hereto agree that the opportunity to review, evaluate and analyze proposed land use actions and provide comment relating to such applications and proposals would be_ mutually advantageous and of benefit to the public. Each party will make every reasonable effort to ensure such notice is provided as early as possible in the review process. Therefore, each party agrees to use its best efforts to provide notice required hereunder to the other affected parties prior to staff review and recommendation so that the parties can meet, if necessary, on a p:\cp\projects~special\jpa\ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 regular basis, or as warranted, to discuss and comment on the request and suggest ways to alleviate the adverse impacts, if any, or to suggest constructive options or alternative proposals, and to develop, as planned, comprehensive and efficient systems of providing public facilities and services. (B) The following framework is agreed upon to be used to coordinate the identification, definition and disposition of comprehensive plan items, which may be of multi-jurisdictional significance: (1) Exchange of Comprehensive Plans and Land Development ReKulations. On or before .January 30, 1998, each party adopting a comprehensive plan in accordance with the provisions of Chapter 163, Florida Statutes, shall provide to each of the other parties a copy of the party's complete currently adopted comprehensive plan and its currently adopted land development regulations. The SCHOOL BOARD shall provide the COUNTY and CITIES with a general educational facilities report prepared in accordance with Section 235.194, Florida Statutes, on or before October 1st of each year. To ensure that the parties have current adopted comprehensive plans in which to complete a sufficient review of proposed land use actions, each party shall provide each other party a copy of all adopted amendments to said documents upon adoption. (2) Planning Technical Advisory Committee. The Joint Planning Technical Advisory Committee ("PTAC") is hereby created and_ established. The PTAC shall be comprised of one (1) COUNTY Planner, One (1) SCHOOL BOARD Planner and one (1) City Planner from each of the CITIES. The East Central Florida Regional Planning Council, Orange County, City of Maidand, and the Orlando Sanford Airport Authority shall be invited to appoint a non-voting member to p:\cp\projects~special\jpaMgnot4.doc Seminole County Comprehensive Planning Division 12/16/97 8 C the PTAC. As an advisory committee, the PTAC shall serve to enhance intergovernmental coordination of comprehensive plan programs and help ensure consistency between these programs and issues of multi-jurisdictional concern. The Seminole County Comprehensive Planning Division shall provide any clerical and logistical support services required by the PTAC. Professional services and other expert advice shall be provided through the resources of each party as it deems necessary. The duties and responsibilities by unanimous agreement of the PTAC may be assigned parties. (3) .Joint Planning agreements each party Agreements. As a step 'toward adoption of joint planning shall prepare a report [to be known as an Intergovernmental Coordination Issues Report (ICIR)] on issues that it believes to be of multi-jurisdictional significance using the framework of the Evaluation and Appraisal Report (EAR) process as provided for in Chapter 163, Florida Statutes. This report shall be used to construct future joint planning agreements and shall include,' at a minimum, the following information about each issue: (a) Clear identification of the issue. (b) How or why the issue is not being adequately addressed at present. - (c) Implications of the current situation or course of action. (d) Alternative courses of action and probable implications. (e) Need for further information, research, and direction. (f) Recommended disposition or next step. (g) Issues/concerns that require review by the Regional Planning Council. (h) Timing as to when the issues can be addressed. p:\cp\projects~pecial\jpaMgnot4.doc Seminole County Comprehensive Planning Division 12_/16/97 ( ( Each party to this Agreement shall submit the ICIR to the COUNTY in accordance with the following schedule: City of Altamonte Springs City of Casselberry City of Lake Mary City of Oviedo City of Sanford City of Winter Springs January 29, 1999 September 30, 1998 January 30, 1998 September 30, 1998 August 31, 1998 May 29, 1998 Within 30 days of receipt by the COUNTY of an ICIR submitted by a CITY pursuant to the minimum requirements of Section 4(B)(3) of this Agreement, the COUNTY shall initiate preparation of a joint planning agreement with the CITY. (4) The COUNTY AND CITIES shall include within their respective Evaluation and Appraisal Report (EAR) amended comprehensive plans, joint processes for collaborative planning and decision making on the issues identified iri Section 163.3177(6)(h)2, Florida Statutes. (5) Conflict Resolution. Unless otherwise provided in a joint planning agreement, the parties shall engage in intergovernmental negotiation and communication, at management levels (i.e., between the County Manager, City Managers, School Superintendent), if any land use matter causes an intergovemmental dispute to arise. Subsequent to such- management interaction, a party may invoke the provisions of the agreement entitled "Intergovernmental Agreement on Mediation and Intergovernmental Coordination", dated July 24, 1995, unless mediation is otherwise addressed in a joint planning agreement. p:\cp\projects~specialqpaMgnot4.doc Seminole County Comprehensive Planning Division 12./16/97 lo SECTION 5: NOTICES. (A) Notices required or permitted hereunder shall be in writing, or by other electronic means, and be deemed properly made when hand delivered to the position hereinafter designated, or upon deposit in the United States mall, postage prepaid, addressed as set forth herein, or at such other address as shall have been specified by written notice to all other parties delivered in accordance herewith. (B) Addresses for receipt of notices are as follows: ( 1 ) SEMINOLE COUNTY: Current Planning Manager Current Planning Division Seminole County Services Building 1101 East First Street Sanford, Florida 32771 (2) CITY OF ALTAMONTE SPRINGS: Growth Management Director 225 Newburyport Avenue Altamonte Springs, Florida 32701 (3) CITY OF CASSELBERRY: Community Development Director 95 Triplet Lake Drive Casselberry, Florida 32707 (4) CITY OF LAKE MARY: City Planner Post Office Box 950700 Lake Mary, Florida 32746 (5) CITY OF OVIEDO: Director of Planning and Development 400 Alexandria Boulevard Oviedo, Florida 32765 (6) SANFORD: Director of Planning and Development Post Office Box 1788 Sanford, Florida 32771-1788 (7) CITY OF WINTER SPRINGS: Community Development Director 1126 E. SR 434 Winter Springs, Florida 32708 p:\cp\projects~special\jpaMgnot4 .doc Seminole County Comprehensive Planning Division 12/16/9 7 11 (8) SCHOOL BOARD OF SEMINOLE Executive Director of Facilities COUNTY: 400 East Lake Mary Boulevard Sanford, Florida 32773-7127 :-' (C) The parties agree to attempt in the future to develop an electronic mail system by which notices may be given. SECTION 6. TER1VI/TERM/NATION. (A) The term of this Agreement shall be for a period of two (2) years, but shall be automatically renewed for successive one (1) year terms as to all parties unless a party notifies all other parties that it is opting out of this Agreement in accordance with Subsection (b), in which case the parties shall meet and determine, no less than sixty (60) days prior to the expiration date of a term, as to whether the Agreement should continue in effect as to the remaining parties. (B ) If any party wishes to terminate this Agreement as it applies to said party, notice of such termination shall be given to all other parties no less that one hundred and twenty (120) days prior to the expiration date of a term. Termination shall be effective one hundred and twenty (120) days from the date notice is perfected as provided herein: (C) Termination of this Agreement shall occur as to obligations between parties for each party entering a joint planning agreement at the time of adoption of joint planning agreements between these parties. In the case of the City of Sanford, where a joint planning agreement already exists between the COUNTY and the City of Sanford, this Agreement shall terminate as between the City of Sanford and the COUNTY upon adoption of an amended joint planning agreement between the COUNTY and the City of Sanford. p:\cp\projects\special\jpa%ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 12 SECTION 7: COUNTERPARTS. This Agreement shall be executed in nine (9) counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers therein. ATTEST: ATTESZ~~rcuit Court Clerk to the Board of County Commissioners of Seminole County, Florida. ,19~q_, regular meeting. For the use and reliance of Seminole County only. Approved as to form and legal BOARD OF COUNTY COMMISSIONERS Date:C~':2"~/ ~fl CITY OF ALTAMON PRINGS ATTEST: By: Patsy Wainwright, City Clerk . , ate: James A Fowler, ' p:\cp\projects',special\jpaMgnot4.doc Seminole County Comprehensive Planning Division 12J 16/97 13/~ between the City of Sanford and the COUNTY upon adoption of an amended joint planning agreement between the COUNTY and the City of Sanford. SECTION 7: COUNTERPARTS. This Agreement shall be executed in nine (9) counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers therein. ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA Maryanne Morse, Clerk of Circuit Court By: - Carlton D. Henley, Chai an Clerk to the Board of County Commissioners of Seminole County, Florida. Date: As authorized for execution by the Board of County Commissioners in their ,19 , regular meeting. For the use and reliance of Seminole County - only. Approved as to form and legal sufficiency. County Attorney Date: ATT~Z.~ LT'~f~ " , P' ~inwright Cit ~ ~ D , .~ayor p:\cp\projectsXspecial\jpa\ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 ATTEST: ATTEST: Carol A. Foster, City Clerk Donna Mclntosh, City Attomey ATTEST: Geraldine Zambri, City Clerk Richard Taylor, City Attomey ATTEST: Cynthia Bonham, City Clerk William L. Colbert, City Attorney ATTEST: Janet R. Dougherty, City Clerk William L. Colbert, City p:%cp~projects~special~jpa\ignot4. Seminole Couhty Comprehens 12/16/97 Planning Division CITY OF CASSELBERRY Bruce Pronovost, Mayor CITY OF LAKE MARY By: David Mealo½, Mayor Date: CITY OF LONGWOOD By: Rusty Miles, Date: CITY OF By: Mayor CITY OF SANFORD BY: Larry Dale, Mayor Date: (' ATTEST: CITY OF CASSEL Y By: Thelma McPherson, City Clerk ' B e Pronovost, Mayor' : Donna McIntosh, City Attorney D~nna Mclntosh, Ci~ ARomey Date: ATTEST: CITY OF LONGWOOD Geraldine Zambri, City Clerk Richard Taylor, City Attomey By: Rusty Miles, Date: ATTEST: CITY OVIEDO Cynthia Bornham, City Clerk William L. Colbert, City Attomey Miriam Brace, Mayor D~te: ATTEST: Janet R. Dougherty, City Clerk William L. Colbert, City CITY OF SANFORD BY: Larry Dale, Mayor Date: p:~cp~projectsLspecial',jpaXignot4 .doc Seminole County Comprehensive Planning Division 12/16/97 ATTEST: CITY OF CASSELBERRY By: Thelma McPherson, City Clerk Bruce Pronovost, Mayor _ Date: ' Donna McIntosh, City Attorney ATTEST: CITY OF L MARY By: Carol A. Foster~ City Clerk . Dad Mealol:, Mayor D e: Donna Mclntosh, City Attorney . - ATTEST: CITY OF LONGWOOD By: Geraldine Zarnbri, City Clerk Rusty Miles Mayor Richard Taylor, City Attorney ATTEST: William L. Colbert, City Attorney CITY OF OVIEDO Mmam Bruce, M Date: ATTEST: CITY OF ~ORD B · Janet R. Dougherty, City Clerk Larry Dale, Mayor Date: William L. Colbert, ' City At-to p:\cp~orojects',special%jpa~jgnot4.doc Seminole County Comprehensive Planning Division 12/16/9 7 (" C ATTEST: Thelma McPherson, City Clerk Donna Mclntosh, City Attorney ATTEST: Carol A. Foster, City Clerk Donna Mclntosh, City Attorney ATTEST: Geraldine Zambri, City Clerk Richard Taylor, City Attorney ATTEST: Cynthia Bonham, City Clerk William L. Colbert, ATTEST: William L. Colbert, City Attorney p:\cp\projectsLspecial\jpa\ignot4.doc Seminole County Comprehensive Planning Division 12J 16/97 CITY OF CASSELBERRY By: Brace Pronovost, Mayor Date: CITY OF LAKE By: David Date: Mayor CITY LONGWOOD B Rusty Miles, Mayor Date: CITY OF OVIEDO By: Miriam Brace, Mayor Date: D °rS//qq P ' ATTEST: ~y~..~ ' Margo o ity Clerk ' Paul P'Lrtyk , Mayor ~ . SCHOOL BO OF SEM~OLE ATTEST: CO~TY By: , Ch~ Ned Julia, Jr., Esquire / Director of Lcg~ Se~ices : Paul J. Hage~y, Superintendent p:\cp\projects~special\jpa~ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 15/~ .ATTEST: Margo Hopkins, City Clerk Frank Kruppenbacher, City Attomey ATTEST: Ned Juli~ E/~'~ Director of Legal Services C CITY OF TER SPRINGS By: Paul Partyka, Mayor SCHOOL-BOARD OF SEMINOLE COUNTY BY:~'~Ch.~~ya~ Barbara Kuh,a, By: ~_.~ d ~ Paul J. Hagerty, Superintendent p:',c.,p~projectsL~pedaEjpa~ignot4.doc Seminole County Comprehensive Planning Division 12116/97 15.8 C EXHIBIT A INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT OF 1997 NOTICE OF RECEIPT OF APPLICATION FOR PROPOSED PLANNING ACTION [] Seminole County [] Altamonte Springs [] Casselberry [] Lake Mary [] Oviedo [] Sanford [] Winter Springs [] School Board [] Seminole County ["] Altamonte Springs [] Casselberry [] Lake Mary [] Oviedo [] Sanford ["'] Winter Springs [] School Board Name of Applicant/Initiator of Proposal: Name of Project(s): Street Address or General Location: Tax Parcel Number (or legal description): Location Map 'Attached [] Action Requested: [] Annexation: voluntary [] involuntary [] [] Contraction [] Special Exception/Variance [] Density/Intensity Change [] Rezoning from [] Comprehensive Plan Amendment from [] Facility Improvement/Expansion/Contraction [] Other Land Use Action (describe): Proposed Use of Property: Publishing Dates for Legal Notice: Staff Review Scheduled for: Telephone: Date, Time, Place of Public Hearing: to to Contact Person: p:\cp\projects\speciaRjpa~ignot4.doc 15 & Seminole County Comprehensive Planning Division PLANNING AND DEVELOPMENT DEPA R TMEN T COMPREHENSIVE PLANNING DI VISION 10 March 1999 Mr. Frank Martz, City of Altamonte Springs Mr. Dick Wells, City of Casselberry Mr. John Omana, City of Lake Mary Mr. Bryan Cobb, City of Oviedo Mr. Jay Marder, City of Sanford Mr. Tom Grimms, City of Winter Springs Ms. Dianne Kramer, Seminole County School Board Subject: Intergovernmental Hanning Coordination Agreement of 1997 Dear PTAC Members: We are please to submit to you a certified copy of the Intergovernmental Planning Coordination Agreement of 1997. The Agreement has been signed by Seminole County, the County School Board and each of the cities within Seminole County, with the exception of the City of Longwood. As a reminder, I bring to your attention three important stipulations of the Agreement that we each need to timely address. These include: 1. Exchange of comprehensive plans and land development regulations (see page 8). Completion of the Intergovernmental Coordination Issues Report (ICIR) as a first step toward developing a joint planning agreement (JPA) (see page 9). In the case of the City of Sanford where a JPA already exists, an amended JPA agreement will be necessary. 3. Please use the new uniform notice form (Appendix A) when notifying parties to the Agreement of proposed planning actions. Pages 11-12 list the proper contact persons and mailing addressees. I have notified the East Central Florida Regional Planning Council, Orange County, the City of Maitland, and the Orlando Sanford Airport Authority regarding their participation in the Planning Technical Advisory Committee (PTAC) (see page 8). I will also be in touch with the City of Longwood regarding their future participation in the Agreement. I want to sincerely thank all of you for your cooperation in these matters. If you have any questions, please don't hesitate to contact me at 665-737 1; FAX 665-7385. Enclosure TM:tm cc: City Clerks Rob Gebaide Cindy Matheny Sincerely, C~o~nmYp~~Planning Division p:\cph'nisc\corresMettersMpca.doc 1t01 EAST FIRST STREET SANFORD FL 32771-1468 TELEPHONE (407) 321-1130 EXT 7371 FAX 324-4818 Office of the City Clerk Janet R. Dougherty, CMC P.O. Box 1788 · 32772-1788 (407) 330-5608 · (407) 330-5606 Fax December 4, 1998 Mr. Tony Matthews Senior Planner Planning and Developmere Seminole County Services Building 1101 East 1st Street Sanford, Florida 32771 Dear Mr. Matthews: Enclosed is the original Intergovernmental Planning Coordination Agreemere of 1997, signed by the City of Sanford. Please send me a certified copy of the agreement when it has been signed by all parties. If you have any questions, please do not hesitate to call me at 330-5603. City Clerk JRD/mr Enclosure "The Friendly City" INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT OF 1997 THIS INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT OF 1997, herein referred to as the "Agreement", is made and entered into this day of 1998, by and among SEMINOLE COUNTY, hereinafter referred to as the "COUNTY", a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771; and the CITY OF ALTAMONTE SPRINGS, a Florida municipal corporation, whose address is 225 Newburyport Avenue, Altamonte Springs, Florida 32701; and the CITY OF CASSELBERRY, a Florida municipal corporation,-whose address is 95 Triplet Lake Drive, Casselberry, Florida 32707; and the CITY OF LAKE MARY, a Florida municipal corporation, whose address is 100 West Lake Mary Boulevard, Lake Mary, Florida 32746; and the CITY OF LONGWOOD, a Florida municipal corporation, whose address is 175 West Warren Avenue, Longwood, Florida 32750; and the CITY OF OVIEDO, a Florida municipal corporation, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765; and the CITY OF SANFORD, a Florida municipal corporation, whose address is 300 North Park Avenue, Sanford, Florida 32771; and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and THE SCHOOL BOARD OF SEMINOLE COUNTY, Florida, a political subdivision of the State of Florida and a body corporate pursuant to Section 230.21, Florida Statutes, whose address is 400 East Lake Mary Boulevard, Sanford, Florida 32773~7127. WITNESSETH: WHEREAS, the municipal corporations and school board listed above shall be collectively hereinafter referred to as the "CITIES" and "SCHOOL BOARD" respectively; and p:\cp~projects%special%jpaMgnot4.doc Seminole County Comprehensive Planning Division 12_/16/97 WHEREAS, in 1985, the COUNTY and CITIES entered into an Interlocal Agreement for the purpose of providing mutual notification between and among the COUNTY and the CITIES which have mutual borders affected by any voluntary annexation, contraction, density changes, rezonings, comprehensive plan changes, and other land use actions prior to official action by either the COUNTY or the CITIES; and WHEREAS, the 1985 Inte~ocal Agreement has been a very useful mechanism in providing for notification between and among the COUNTY and the CITIES regarding annexations, contractions, density changes, rezonings, comprehensive plan amendments, and other land use actions; and WHEREAS, it is the intent of this Agreement to continue to provide this useful notification relative to land use actions and to establish a framework for collaborative planning; and WHEREAS, it is mutually agreed that it is desirable to expand the ,scope and detail of the existing notification procedures of the 1985 Interlocal Agreement for the purpose of facilitating an even more orderly, timely and consistent review of annexations, contractions, density changes, rezonings, comprehensive plan amendments and other land use actions; and WHEREAS, Part II, Chapter 163, Florida Statutes, requires that the COUNTY and the CITIES adopt comprehensive plans which include intergovernmental coordination elements for the purpose of, among other things, determining coordination processes and procedures with_ adjacent local governments; and WHEREAS, the COUNTY, CITIES and SCHOOL BOARD (the "parties") desire to mutually cooperate with each other for the purposes of ensuring land use compatibility, insomuch as practical, between and among the parties; provide for efficient and effective public p:~cpXprojectsXspeciaNpaMgnot4.doc Seminole County Comprehensive Planning Division 12/16/97 services to residents of both the COUNTY and CITIES; provide for a dispute/conflict resolution mechanism; and establish collaborative land use planning mechanisms; and WHEREAS, it is beneficial to the public for the parties to this agreement to work together in a spirit of harmony and cooperation as evidenced from the past; and WHEREAS, the COUNTY and the CITIES desire to protect the health, safety and welfare of the citizens of their respective jurisdictions; and WHEREAS, Part 11 of Chapter 163, Florida Statues, requires the coordination of local comprehensive plans with the comprehensive plans of adjacent local governments and the plans of school districts and other units of local government providing public services, but not having regulatory authority over the use of land; and WHEREAS, provision has been made in this Agreement for coordination with the SCHOOL BOARD of Seminole County and certain other agencies of government; and WHEREAS, the Intergovernmental Coordination Element of the Seminole County Comprehensive Plan provides for the use of the Joint Planning Technical Advisory Committee to coordinate comprehensive plan programs and to ensure consistency between these programs and issues of multi-jurisdictional concern; and WHEREAS, the parties to this Agreement desire to establish an intergovernmental coordination program for providing mutual and timely notification of land use applications and proposals when action on such applications and proposals might affect or impact other paxties;_ and WHEREAS, this Agreement will serve as a vehicle for the notification, identification, definition, and collaborative action as to any land use decision or action that may be of multi- jurisdictional significance and provide a process for reviewing proposed land use matters by p:~cp~projects~special',jpa~ignot4.doc Seminole County Comprehensive Planning Division 12_/16/97 3 enhancing planning analysis with minimal bureaucracy and expense for the parties and property owners; and WHEREAS, land use matters which are the subject of this Agreement include, but are not limited to, annexations, contractions, density changes, rezonings, special exceptions/conditional uses, variances, comprehensive plan amendments, public service facility expansions and contractions, school site land acquisition and proposed school construction and/or expansion, and all other land use actions which may affect or impact the parties to this Agreement; and WHEREAS, it is the desire of the parties that each affected party have the opportunity to review and analyze, to the maximum extent possible, all proposed land use actions and have an opportunity to express comments and concerns relating to such proposed actions before final action is taken by any other party; and WHEREAS, the COUNTY AND CITIES agree that joint planning agreements addressing multi-jurisdictional land use issues and provision of public services and facilities, are a sound planning goal that serve to further intergovernmental coordination; and WHEREAS, the COUNTY AND CITIES agree that, although this Agreement can be a very useful mechanism in providing for notification between and among the parties regarding annexations, contractions, density changes, rezonings, comprehensive plan amendments, and other land use actions, joint planning agreements provide a more effective, comprehensive and_ desirable mechanism to ensure intergovernmental coordination and collaborative planning regarding multi-jurisdictional land use issues and provision of public services and facilities; and WHEREAS, the COUNTY AND CITIES agree that this Agreement serves as an interim step toward the adoption of joint planning agreements; and p:\cp%projects%special%jpaMgnot4 .doc Seminole County Comprehensive Planning Division 12_/16/97 4 WHEREAS, the parties agree to make every effort to complete the Intergovernmental Coordination Issues Report (ICIR) and to negotiate and adopt, in good faith, joint planning agreements as soon as practicable following the completion of the ICIR, provided for in Section 4(B)(3) of this Agreement; and WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters 125, 163, 166 and 230, Florida Statutes; the Seminole County Home Rule Charter; the Charters of the CITIES; and other applicable law; NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: SECTION 1: RECITALS. The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. SECTION 2: PURPOSE OF AGREEMENT. (A) The general purpose of this Agreement is to establish a framework for coordination, communication and notification of proposed land use actions, to build cooperation between affected local governments and SCHOOL BOARD to create an opportunity and process to resolve potential disputes, and to serve as an interim step until the COUNTY AND CITIES adopt joint planning agreements. _ (B) This Agreement is intended to accomplish, at a minimum, the following: (1) Timely Notification. Proposed land use actions including, but not limited to, annexations, contractions, density changes, rezonings, special exceptions/conditional uses, variances, comprehensive plan amendments, public service facility expansions and p:\cp\projects~special\jpaMgnot4.doc Seminole County Comprehensive Planning Division 12/16/97 C contractions, school site land acquisition, proposed school construction an&or expansion, and all other land use actions which may affect or impact any of the parties to this Agreement shall have sufficient distribution and dissemination to insure that transmittal of comprehensive plan amendments and final approval of development orders and permits will not occur without adequate notice to every other party where jurisdictional boundaries abut the boundaries of the notifying party. (2) Review, Analysis and Evaluation. Adequate review time shall be provided for analysis and evaluation of land use proposals by other local govemments and the SCHOOL BOARD within the jurisdictional limits of Seminole County. (3) Intergovemmental Coordination. land use actions and the associated Multi-jurisdictional issues regarding proposed provision of urban services, infrastructure improvements and other planning issues shall be articulated, considered and discussed to provide and implement, insomuch as practical, a collaborative land use planning process throughout the jurisdictional limits of Seminole County. (4) Conflict Resolution. To provide an opportunity and mechanism for conflict resolution between the parties with regard to any proposal which may result in divergent views, positions and opinions. (5) Adequate Review Time. The adequate review time set forth in this Section shall be the notification periods established in Section 3 of this Agreement. SECTION 3: NOTIFICATION OF RECEIPT OF APPLICATION FOR LAND USE ACTIONS. (A) Each party to this Agreement shall provide timely notification of receipt of an applicant requested or administrative requested application, as set forth herein, to every other party where jurisdictional boundaries abut the boundaries of the notifying party of each application or p:~p\projects%special~jpa'dgnot4 .doc 6 Seminole County Comprehensive Planning Division 12/16/97 proposal for an annexation, contraction, density change, special exception/conditional use, variance, rezoning, comprehensive plan amendment, public service facility expansions and contractions, school site land acquisition, proposed school construction and/or expansion, and all other land use actions which may affect or impact the parties to this Agreement. The notifying party may also transmit notifications to any other party requesting notification of an application. (B) Notice of receipt of an application or initiation of a proposal shall be delivered to each party to this Agreement where jurisdictional boundaries abut the boundaries of the notifying party not less than fourteen (14) days prior to final official action by the party which will act upon the application or proposal. Each party recognizes that due to such varying elements as, review times, procedures and public meeting schedules, minimal time is necessary in order to adequately review and respond to applications or proposals, and that every effort will be made to transmit notices as early as possible in the review process. (C) Each party agrees to be responsible for the preparation and delivery of the required notice to the other parties. A uniform notice form is attached hereto as Exhibit "A". (D) This Agreement shall be liberally construed so as to resolve any question in favor of providing notice. SECTION 4: PLANNING COLLABORATION. (A) The parties hereto agree that the opportunity to review, evaluate and analyze proposed land use actions and provide comment relating to such applications and proposals would be_ mutually advantageous and of benefit to the public. Each party will make every reasonable effort to ensure such notice is provided as early as possible in the review process. Therefore, each party agrees to use its best efforts to provide notice required hereunder to the other affected parties prior to staff review and recommendation so that the parties can meet, if necessary, on a p:XcpXprojectsXspecialXjpaMgnot4.doc Seminole County Comprehensive Planning Division 12J16/97 regular. basis, or as warranted, to discuss and comment on the request and suggest ways to alleviate the adverse impacts, if any, or to suggest constructive options or alternative proposals, and to develop, as planned, comprehensive and efficient systems of providing public facilities and services. (B) The following framework is agreed upon to be used to coordinate the identification, definition and disposition of comprehensive plan items, which may be of multi-jurisdictional significance: (1) Exchange of Comprehensive Plans and Land Development Regulations. On or before January 30, 1998, each party adopting a comprehensive plan in accordance with the provisions of Chapter 163, Florida Statutes, shall provide to each of the other parties a copy of the party's complete currently adopted comprehensive plan and its currently adopted land development regulations. The SCHOOL BOARD shall provide the COUNTY and CITIES with a general educational facilities report prepared in accordance with Section 235.194, Florida Statutes, on or before October 1st of each year. To ensure that the parties have current adopted comprehensive plans in which to complete a sufficient review of proposed land use actions, each party shall provide each other party a copy of all adopted amendments to said documents upon adoption. (2) Planning Technical Advisory Committee. The Joint Planning Technical Advisory Committee ("PTAC") is hereby created and_ established. The PTAC shall be comprised of one (1) COUNTY Planner, one (1) SCHOOL BOARD Planner and one (1) City Planner from each of the CITIES. The East Central Florida Regional Planning Council, Orange County, City of Maitland, and the Orlando Sanford Airport Authority shall be invited to appoint a non-voting member to p:\cp~projects~speciat\ipaMgnot4.doc Seminole County Comprehensive Planning Division t 9_/16/97 the PTAC. As an advisory committee, the PTAC shall serve to enhance intergovernmental coordination of comprehensive plan programs and help ensure consistency between these programs and issues of multi-jurisdictional concern. The Seminole County Comprehensive Planning Division shall provide any clerical and 10gistical support services required by the PTAC. Professional services and other expert advice shall be provided through the resources of each party as it deems necessary. The PTAC may parties. (3) Joint agreements be assigned duties and responsibilities by unanimous agreement of the Planning Agreements. As a step toward adoption of joint planning each party shall prepare a report [to be known as an Intergovernmental Coordination Issues Report (ICIR)] on issues that it believes to be of multi-jurisdictional significance using the framework of the Evaluation and Appraisal Report (EAR) process as provided for in Chapter 163, Florida Statutes. This report shall be used to construct future joint planning agreements and information about each issue: (a) (b) (c) (d) (e) (f) (g) (h) shall include, at a minimum, the following Clear identification of the issue. How or why the issue is not being adequately addressed at present.. Implications of the current situation or course of action. Alternative courses of action and probable implications. Need for further information, research, and direction. Recommended disposition or next step. Issues/concerns that require revi6w by the Regional Planning Council. Timing as to when the issues can be addressed. p:\cp~orojects~specialXjpaMgnot4.doc Seminole County Comprehensive Planning Division 12_/16/97 Each party to this Agreement shall submit the ICIR to the COUNTY in accordance with the following schedule: City of Altamonte Springs City of Casselberry City of Lake Mary City of Longwood City of Oviedo City of Sanford City of Winter Springs January 29, 1999 September 30, 1998 January 30, 1998 December 31, 1997 September 30, 1998 August 31, 1998 May 29, 1998 Within 30 days of receipt by the COUNTY of an ICIR submitted by a CITY pursuant to the minimum requirements of Section 4(B)(3) of this Agreement, the COUNTY shall initiate preparation of a joint planning agreement with the CITY. (4) The COUNTY AND CITIES shall include within their respective Evaluation and Appraisal Report (EAR) amended comprehensive plans, joint processes for collaborative planning and decision making on the issues identified in Section 163.3177(6)(h)2, Florida Statutes. (5) Conflict Resolution. Unless otherwise provided in a joint planning agreement, the parties shall engage in intergovernmental negotiation and communication, at management levels (i.e., between the County Manager, City Managers, School Superintendent), if any _ land use matter causes an intergovernmental dispute to arise. Subsequent to such management interaction, a party may invoke the provisions of the agreement entitled "Intergovernmental Agreement on Mediation and Intergovernmental Coordination", p:\cp~projects~speciafijpaMgnot4.doc Seminole County Comprehensive Planning Division 12_/16/97 lo dated July 24, 1995, unless mediation is otherwise addressed in a joint planning agreement. SECTION 5: NOTICES. (A) Notices required or permitted hereunder shall be in writing, or by other electronic means, and be deemed prope~y made when hand delivered to the position hereinafter designated, or upon deposit in the United States mail, postage 'prepaid, addressed as set forth herein, or at such other address as shall have been specified by written notice to all other parties delivered in accordance herewith. (B) Addresses for receipt of notices are as follows: (1) SEMINOLE COUNTY: (2) CITY OF ALTAMONTE SPRINGS: (3) CITY OF CASSELBERRY: (4) CITY OF LAKE MARY: (5) CITY OF LONGWOOD: (6) CITY OF OVIEDO: Current Planning Manager Current Planning Division Seminole County Services Building 1101 East First Street Sanford, Florida 32771 Growth Management Director 225 Newburyport Avenue Altamonte Springs, Florida 32; Community Development Dire 95 Triplet Lake Drive Casselberry, Florida 32707 City Planner Post Office Box 950700 Lake Mary, Florida 32746 City Planner 175 West Warren Avenue Longwood, Florida 32750 Director of Planning and Deve 400 Alexandria Boulevard Oviedo, Florida 32765 p:\cp\projects%special\jpaMgnot4 .doc Seminole County Comprehensive Planning Division 12/16/97 11 (7) SANFORD: (8) CITY OF WINTER SPRINGS: (9) SCHOOL BOARD OF SEMINOLE COUNTY: Director of Planning and Development Post Office Box 1788 Sanford, Florida 32771-1788 Community Development Director 1126 E. SR 434 Winter Springs, Florida 32708 Executive Director of Facilities 400 East Lake Mary Boulevard Sanford, Florida 32773-7127 (C) The parties agree to attempt in the future to develop an electronic mail system by which notices may be given. SECTION 6. TERM/TERMINATION. (A) The term of this Agreement shall be for a period of two (2) years, but shall be automatically renewed for successive one (1) year terms as to all parties unless a party notifies all other parties that it is opting out of this Agreement in accordance with SubseCtion (b), in which case the parties shall meet and determine, no less than sixty (60) days prior to the expiration date of a term, as to whether the Agreement should continue in effect as to the remaining parties. (B ) If any party wishes to terminate this Agreement as it applies to said party, notice of such termination shall be given to all other parties no less that one hundred and twenty (120) days prior to the expiration date of a term. Termination shall be effective one hundred and twenty (120) days from the date notice is perfected as provided herein. (C) Termination of this Agreement shall occur as to obligations between parties for each party entering a joint planning agreement at the time of adoption of joint planning agreements between these parties. In the case of the City of Sanford, where a joint planning agreement already exists between the COUNTY and the City of Sanford, this Agreement shall terminate as p:\cp\projects~specialqpaMgnot4.doc 12 Seminole County Comprehensive Planning Division 12./16/97 between the City of Sanford and the COUNTY upon adoption of an amended joint planning agreement between the COUNTY and the City of Sanford. SECTION 7: COUNTERPARTS. This Agreement shall be executed in nine (9) counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers therein. ATTEST: Maryanne Morse, Clerk of Circuit Court Clerk to the Board of County Commissioners of Seminole County, Florida. As authorized for execution by the Board of County Commissioners in their ,19 , regular meeting. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: Carlton D. Henley, Chairman Date: CountyAttorney Date: ATTEST: Patsy Wainwright, City Clerk James A Fowler, City Attorney CITY OF ALTAMONTE SPRINGS By: J. Dudley Bates, Mayor Date: p:\cp~orojects%special~jpaMgnot4.doc Seminole County Comprehensive Planning Division 12/16/97 t3 ATTEST: Thelma McPherson, City Clerk Donna McIntosh, City Attomey ATTEST: Carol A. Foster, City Clerk Donna McI_ntosh, City Attorney ATTEST: Geraldine Zambri, City Clerk Richard Taylor, City Attomey ATTEST: Cynthia Bonham, City Clerk William L. Colbert, City Attomey ATTEST: ~ i' t. William L. Colb.6A, City Attomey p:\cp\projectsXspecialXjpaMgnot4.doc Seminole County Comprehensive Planning Division 12/16/97 CITY OF CASSELBERRY By: Brace Pronovost, Mayor Date: CITY OF LAKE MARY By: David Mealor, Mayor Date: CITY OF LONGWOOD By: Rusty Miles, Mayor Date: CITY OF OVIEDO By: Miriam Brace, Mayor Date: 14 ATTEST: Margo Hopkins, City Clerk Frank Kruppenbacher, City Attorney CITY OF WINTER SPRINGS By: Paul Partyka, Mayor Date: ATTEST: Ned Julian, Jr., Esquire Director of Legal Services SCHOOL BOARD OF SEMINOLE COUNTY By: Sandra Robinson, Chairman By: Paul J. Hagerty, Superiniendent p:\cp\projects%specialXjpa%ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 15 EXHIBIT A INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT OF 1997 NOTICE OF RECEIPT OF APPLICATION FOR PROPOSED PLANNING ACTION [] Seminole County [] Altamonte Springs [] Casselberry [] Lake Mary [] Longwood [] Oviedo [] Sanford [] Winter Springs [] School Board Name of Applicant/Initiator of Proposal: Name of Project(s): Street Address or General Location: Tax Parcel Number (or legal description): Location Map Attached [] Action Reouested: [] Annexation: voluntary [] involuntary [] [] Contraction [] Special Exception/Variance [] Density/Intensity Change [] Rezoning from [] Comprehensive Plan Amendment. from [] Facility Improvement/Expansion/Contraction [] Other Land Use Action (describe): Proposed Use of Property: Publishing Dates for Legal Notice: Staff Review Scheduled for: Telephone: Date, Time, Place of Public Hearing: [] Seminole County [] Altamonte Springs [] Casselberry [] Lake Mary [] Longwood [] Oviedo [] Sanford [] Winter Springs [] School Board to Contact Person: p:\cp\projects%special%jpaMgnot4.doc Seminole County Comprehensive Planning Division 12/03/98 16 P.O. Box 1 788 · 32772-1788 · (407)330-5600 · (,~07)330-5606 Fax March 10, 1~98 Mr. Tony Matthews Senior Planner Planning and Development Seminole County Services Building 1101'East 1st Street Sanford, Florida 3277.1. Dear Mr. MaRhews: Enclosed is the original Intergovernmental Planning Coordination Agreement of 1997, signed by the City of Sanford. Please send me a certified copy of the agreement when it has been signed by all parties. If you have any questions, please do not hesitate to call me at 330-5603. Sincerely, City Clerk jd Enclosure "Tt, e F,,.d& Oty" P.O. Box 1 788 · 32772-1 788 · (~07)330-5~00 · (407)330-5(~96 Fax March 10, 1998 Mr. Tony Matthews Senior Planner Planning and Development Seminole County Services Building 1101 East 1 st Street Sanford, Florida 32771 Dear Mr. MaRhews: Enclosed is the original Intergovernmental Planning Coordination Agreement of 1997, signed by the City of Sanford. Please send me a certified copy of the agreement when it has been signed by all parties. If you have any questions, please do not hesitate to call me at 330-5603. Sincerely, ~et R. DoughertyfCM~ City Clerk jd Enclosure "The Friendly City" INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT OF 1997 THIS INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT OF 1997, herein referred to as the "Agreement", is made and entered into this day of 1997, by and among SEMINOLE COUNTY, hereinafter referred to as the "COUNTY", a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771; and the CITY OF ALTAMONTE SPRINGS, a Florida municipal corporation, whose address is 225 Newburyport Avenue, Altamonte Springs, Florida 32701; and the CITY OF CASSELBERRY, a Florida municipal corporation, whose address is 95 Triplet Lake Drive, Casselberry, Florida 32707; and the CITY OF LAKE MARY, a Florida municipal corporation, whose address is 100 West Lake Mary Boulevard, Lake Mary, Florida 32746; and the CITY OF LONGWOOD, a Florida municipal corporation, whose address is 175 West Warren Avenue, Longwood, Florida 32750; and the CITY OF OVIEDO, a Florida municipal corporation, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765; and the CITY OF SANFORD, a Florida municipal corporation, whose address is 300 North Park Avenue, Sanford, Florida 32771; and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and THE SCHOOL BOARD OF SEMINOLE COUNTY, Florida, a political subdivision of the State of Florida and a body corporate pursuant to Section 230.21, Florida Statutes, whose address is 400 East Lake Mary Boulevard, Sanford, Florida 32773-7127. WITNESSETH: WHEREAS, the municipal corporations and school board listed above shall be collectively hereinafter referred to as the "CITIES" and "SCHOOL BOARD" respectively; and p:\cp~projects~special~jpa\ignot4 .doc Seminole County Comprehensive Planning Division 12/16/97 WHEREAS, in 1985, the COUNTY and CITIES entered into an Interlocal Agreement for the purpose of providing mutual notification between and among the COUNTY and the CITIES which have mutual borders affected by any voluntary annexation, contraction, density changes, rezonings, comprehensive plan changes, and other land use actions prior to official action by either the COUNTY or the CITIES; and WHEREAS, the 1985 Interlocal Agreement has been a very useful mechanism in providing for notification between and among the COUNTY and the CITIES regarding annexations, contractions, density changes, rezonings, comprehensive plan amendments, and other land use actions; and WHEREAS, it is the intent of this Agreement to continue to provide this useful notification relative to land use actions and to establish a framework for collaborative planning; and WHEREAS, it is mutually agreed that it is desirable to expand the scope and detail of the existing notification procedures of the 1985 Interlocal Agreement for the purpose of facilitating an even more orderly, timely and consistent review of annexations, contractions, density changes, rezonings, comprehensive plan amendments and other land use actions; and WHEREAS, Part II, Chapter 163, Florida Statutes, requires that the COUNTY and the CITIES adopt comprehensive plans which include intergovernmental coordination elements for the purpose of, among other things, determining coordination processes and procedures with adjacent local governments; and WHEREAS, the COUNTY, CITIES and SCHOOL BOARD (the "parties") desire to mutually cooperate with each other for the purposes of ensuring land use compatibility, insomuch as practical, between and among the parties; provide for efficient and effective public p:~o~orojects~special~jpa\ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 services to residents of both the COUNTY and CITIES; provide for a dispute/conflict resolution mechanism; and establish collaborative land use planning mechanisms; and WHEREAS, it is beneficial to the public for the parties to this agreement to work together in a spirit of harmony and cooperation as evidenced from the past; and WHEREAS, the COUNTY and the CITIES desire to protect the health, safety and welfare of the citizens of their respective jurisdictions; and WHEREAS, Part II of Chapter 163, Florida Statues, requires the coordination of local comprehensive plans with the comprehensive plans of adjacent local governments and the plans of school districts and other units of local government providing public services, but not having ' regulatory authority over the use of land; and WHEREAS, provision has been made in this Agreement for coordination with the SCHOOL BOARD of Seminole County and certain other agencies of govemment; and WHEREAS, the Intergovernmental Coordination Element of the Seminole County Comprehensive Plan provides for the use of the Joint Planning Technical Advisory Committee to coordinate comprehensive plan programs and to ensure consistency between these programs and issues of multi-jurisdictional concem; and' WttEREAS, the parties to this Agreement desire to establish an intergovemmental coordination program for providing mutual and timely notification of land use applications and proposals whe;t action on such applications and proposals might affect or impact other parties; and WHEREAS, this Agreement will serve as a vehicle for the notification, identification, definition, and collaborative action as to any land use decision or action that may be of multi- jurisdictional significance and provide a process for reviewing proposed land use matters by p:~cp~projects~special~jpa\ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 3 enhancing planning analysis with minimal bureaucracy and expense for the parties and property owners; and WHEREAS, land use matters which are the subject of this Agreement include, but are not limited to, annexations, contractions, density changes, rezonings, special exceptions/conditional uses, variances, comprehensive plan amendments, public service facility expansions and contractions, school site land acquisition and proposed ~chool construction and/or expansion, and all other land use actions which may affect or impact the parties to this Agreement; and WHEREAS, it is the desire of the parties that each affected party have the oppommity to' review and analyze, to the maximum extent possible, all proposed land use actions and have an opportunity to express comments and concems relating to such proposed actions before final action is taken by any other party; and WHEREAS, the COUNTY AND CITIES agree that joint planning agreements addressing multi-jurisdictional land use issues and provision of public services and facilities, are a sound planning goal that serve to further intergovernmental coordination; and WHEREAS, the COUNTY AND CITIES agree that, although this Agreement can be a very userid mechanism in providing for notification between and among the parties regarding annexations, contractions, density changes, rezonings, comprehensive plan amendments, and other land use actions, joint planning agreements provide a more effective, comprehensive and desirable mechanism to ensure intergovernmental coordination and collaborative planning regarding multi-jurisdictional land use issues and provision of public services and facilities; and WHEREAS, the COUNTY AND CITIES agree that this Agreement serves as an interim step toward the adoption of joint planning agreements; and p:\cp~projects~special~jpa\ignot4,doc Seminole County Comprehensive Planning Division 12/16/97 ,., WHEREAS, the parties agree to make every effort to complete the Intergovernmental Coordination Issues Report (ICIR) and to negotiate and adopt, in good faith, joint planning agreements as soon as practicable following the completion of the ICIR, provided for in Section 4(B)(3) of this Agreement; and WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters 125, 163, 166 and 230, Florida Statutes; the Seminole County Home Rule Charter;~the Charters of the CITIES; and other applicable law; NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is' hereby acknowledged, the parties agree as follows: SECTION 1: RECITALS. The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. SECTION 2: PURPOSE OF AGREEMENT. (A) The general purpose of this Agreement is to establish a framework for coordination, communication and notification of proposed land use actions, to build cooperation between affected local governments and SCHOOL BOARD to create an oppommity and process to resolve potential disputes, and to serve as an interim step until the COUNTY AND CITIES adopt joint planning agreements. (B) This Agreement is intended to accomplish, at a minimum, the following: (1) Timely Notification. Proposed land use actions including, but not limited to, annexations, contractions, density changes, rezonings, special exceptions/conditional uses, variances, comprehensive plan amendments, public service facility expansions and p:\cp~projectsLspecial~jpa\ignot4.doc Seminole County Comprehensive Planning Division 12/16197 5 ( contractions, school site land acquisition, proposed school construction and/or expansion, and all other land use actions which may affect or impact any of the parties to this Agreement shall have sufficient distribution and dissemination to insure that transmittal of comprehensive plan amendments and final approval of development orders and permits will not occur without adequate notice to every other party where jurisdictional boundaries abut the boundaries of the notifying party. (2) Review, Analysis and Evaluation. Adequate review time shall be provided for analysis and evaluation of land use proposals by other local governments and the SCHOOL BOARD within the jurisdictional limits of Seminole County.- (3) Intergovernmental Coordination. Multi-jurisdictional issues regarding proposed land use actions and the associated provision of urban services, infrastructure improvements and other planning issues shall be articulated, considered and discussed to provide and implement, insomuch as practical, a collaborative land use planning process throughout the jurisdictional limits of Seminole County. (4) Conflict Resolution. To provide an oppommity and mechanism for conflict resolution between the parties with regarlt to any proposal which may result in divergent views, positions and opinions. (5) Adequate Review Time. The adequate review time set forth in this Section shall be the notification periods established in Section 3 of this Agreement. SECTION 3: NOTIFICATION OF RECEIPT OF APPLICATION FOR LAND USE ACTIONS. (A) Each party to this Agreement shall provide timely notification of receipt of an applicant requested or administrative requested application, as set forth herein, to every other party where jurisdictional boundaries abut the boundaries of the notifying party of each application or p:\cp~orojects%special~jpa~ignot4.doc 6 Seminole County Comprehensive Planning Division 12/16/97 proposal for an annexation, contraction, density change, special exception/conditional use, variance, rezoning, comprehensive plan amendment, public service facility expansions and contractions, school site land acquisition, proposed school construction and/or expansion, and all other land use actions which may affect or impact the parties to this Agreement. The notifying party may also transmit notifications to any other party requesting notification of an application. (B) Notice of receipt of an application or initiation of a proposal shall be delivered to each party to this Agreement where jurisdictional boundaries abut the boundaries of the notifying party not less than fourteen (14) days prior to final official action by the party which will act upon the application or proposal. Each party recognizes that due to such varying elements as, review times, procedures and public meeting schedules, minimal time is necessary in order to adequately review and respond to applications or proposals, and that every effort will be made to · transmit notices as early as possible in the review process. (C) Each party agrees to be responsible for the preparation and delivery of the required notice to the other parties. A uniform notice form is attached hereto as Exhibit "A". (D) This Agreement shall be liberally construed so as to resolve any question in favor of providing notice. SECTION 4: PLANNING COLLABORATION. (A) The parties hereto agree that the oppommity to review, evaluate and analyze proposed land use actions and provide comment relating to such applications and proposals would be mutually advantageous and of benefit to the public. Each party will make every reasonable effort to ensure such notice is provided as early as possible in the review process. Therefore, each party agrees to use its best efforts to provide notice required hereunder to the other affected parties prior to staff review and recommendation so that the parties can meet, if necessary, on a p:\cp~projects\special~jpa\ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 regular basis, or as warranted, to discuss and comment on the request and suggest ways to alleviate the adverse impacts, if any, or to suggest constructive options or alternative proposals, and to develop, as planned, comprehensive and efficient systems of providing public facilities and services. (B) The following framework is agreed upon to be used to coordinate the identification, definition and disposition of comprehensive plan items, which may be of multi-jurisdictional significance: (1) Exchange of Comprehensive Plans and Land Development Regulations. On or before January 30, 1998, each party adopting a comprehensive plan 'in accordance with' the provisions of Chapter 163, Florida Statutes, shall provide to each of the other parties a copy of the party's complete currently adopted comprehensive plan and its currently adopted land development regulations. The SCHOOL BOARD shall provide the COUNTY and CITIES with a general educational facilities report prepared in accordance with Section 235.194, Florida Statutes, on or before October 1st of each year. To ensure that the parties have current adopted comprehensive plans in which to complete a sufficient review of proposed land use actions, each party shall provide each other party a copy of all adopted amendments to said documents upon adoption. (2) Planning Technical Advisory Committee. The Joint Planning Technical Advisory Committee CPTAC") is hereby created and established. The PTAC shall be comprised of one (1) COUNTY Planner, one (1) SCHOOL BOARD Planner and one (1) City Planner from each of the CITIES. The East Central Florida Regional Planning Council, Orange County, City of Maitland, and the Orlando Sanford Airport Authority shall be invited to appoint a non-voting member to p:\cp\projects~special~jpa~ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 8 the PTAC. As an advisory committee, the intergovernmental . coordination of comprehensive PTAC shall serve to enhance plan programs and. help ensure consistency between these programs and issues of multi-jurisdictional concern. The Seminole County Comprehensive Planning Division shall provide any clerical and logistical support services required by the PTAC. Professional services and other expert advice shall be provided through the resources of each party as it deems necessary. The PTAC may parties. (3) Joint agreements be assigned duties and responsibilities by unanimous agreement of the Planning Agreements. As a step toward adoption' of joint planning' each party shall prepare a report [to be known as an Intergovemmental Coordination Issues Report (ICIR)] on issues that it believes to be of multi-jurisdictional significance using the framework of the Evaluation and Appraisal Report (EAR) process as provided for in Chapter 163, Florida Statutes. This report shall be used to construct future joint planning agreements information about each issue: (a) (b) (c) (d) (e) (f) (g) (h) and shall include, at a minimum, the following Clear identification of the issue. How or why the issue is not being adequately addressed at present. Implications of the current situation or course of action. Altemative courses of action and probable implications. Need for further information, research, and direction. Recommended disposition or next step. Issues/concems that require review by the Regional Planning Council. Timing as to when the issues can be addressed. p:\cp~orojectsLspecial~jpa',ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 Each party to this Agreement shall submit the ICIR to the COUNTY in accordance with the following schedule: City of Altamonte Springs City of Casselberry City of Lake Mary City of Longwood City of Oviedo City of Sanford City of Winter Springs January 29, 1999 September 30, 1998 January 30, 1998 December 31, 1997 September 30, 1998 August 31, 1998 May 29, 1998 Within 30 days of receipt by the COUNTY of an ICIR submitted by a CITY pursuant to the minimum requirements of Section 4(B)(3) of this Agreement, the COUNTY shall initiate preparation of a joint planning agreement with the CITY. (4) The COUNTY AND CITIES shall include within their respective Evaluation and Appraisal Report (EAR) amended comprehensive plans, joint processes for collaborative planning and decision making on the issues identified in Section 163.3177(6)(h)2, Florida Statutes. (5) Conflict Resolution. Unless otherwise provided in a joint planning agreement, the parties shall engage in intergovernmental negotiation and communication, at management levels (i.e., between the County Manager, City Managers, School Superintendent), if any land use matter causes an intergovernmental dispute to arise. Subsequent to such management interaction, a party may invoke the provisions of the agreement entitled "Intergovernmental Agreement on Mediation and Intergovernmental Coordination", p:~cp~projects~special~jpa\ignot4,doc Seminole County Comprehensive Planning Division 12_/16/97 lo dated July 24, 1995, unless mediation is otherwise addressed in a joint planning agreement. SECTION 5: NOTICES. (A) Notices required or permitted hereunder shall be in writing, or by other electronic means, and be deemed properly made when hand delivered to the position hereinafter designated, or upon deposit in the United States mail, postage prepaid, addressed as set forth herein, or at such other address as shall have been specified by written notice to all other parties delivered in accordance herewith. (B) Addresses for receipt of notices are as follows: (1) SEMINOLE COUNTY: (2) CITY OF ALTAMONTE SPRINGS: (3) CITY OF CASSELBERRY: (4) CITY OF LAKE MARY: (5) CITY OF LONGWOOD: (6) CITY OF OVIEDO: Current Planning Manager Current Planning Division Seminole County Services Building 1101 East First Street Sanford, Florida 32771 Growth Management Director 225 Newburyport Avenue Altamonte Springs, Florida 32701 Community Development Director 95 Triplet Lake Drive Casselberry, Florida 32707 City Planner Post Office Box 725 Lake Mary, Florida 32746 City Planner 175 West Warren Avenue Longwood, Florida 32750 Director of Planning and Development 400 Alexandria Boulevard Oviedo, Florida 32765 p:\cp~orojects~special~jpaMgnot4.doc Seminole County Comprehensive Planning Division 12/16/9 7 11 (7) SANFORD: (8) CITY OF WINTER SPRINGS: (9) SCHOOL BOARD OF SEMINOLE COUNTY: Director of Planning and Development Post Office Box 1778 Sanford, Florida 32771-1788 Community Development Director 1126 E. SR 434 Winter Springs, Florida 32708 Executive Director of Facilities 400 East Lake Mary Boulevard Sanford, Florida-32773-7127 (C) The parties agree to attempt in the future to develop an electronic mail system by which notices may be given. SECTION 6. TERM/TERMINATION. (A) The term of this Agreement shall be for a period of two (2) years, but shall be automatically renewed for successive one (1) year terms as to all parties unless a party notifies all other parties that it is opting out of this Agreement in accordance with Subsection Co), in which case the parties shall meet and determine, no less than sixty (60) days prior to the expiration date of a term, as to whether the Agreement should continue in effect as to the remaining parties. (B) If any party wishes to terminate this Agreement as it applies to said party, notice of such termination shall be given to all other parties no less that one hundred and twenty (120) days prior to the expiration date of a term. Termination shall be effective one hundred and twenty (120) days from the date notice is perfected as provided herein. - (C) Termination of this Agreement shall occur as to obligations between parties for each party entering a joint planning agreement at the time of adoption of joint planning agreements between these parties. In the case of the City of Sanford, where a joint planning agreement already exists between the COUNTY and the City of Sanford, this Agreement shall terminate as p:\cp~rojects~speciaRjpa\ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 12 between the City of Sanford and the COUNTY upon adoption of an amended joint planning agreement between the COUNTY and the City of Sanford. SECTION 7: COUNTERPARTS. This Agreement shall be executed in nine (9) counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers therein. ATTEST: Maryanne Morse, Clerk of Circuit Court Clerk to the Board of County Commissioners of Seminole County, Florida. As authorized for execution by the Board of County Commissioners in their ,19 , regular meeting. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: Randall C. Morris, Chairman Date: County Attomey Date: ATTEST: Patsy Wainwright, City Clerk James A Fowler, City Attorney CITY OF ALTAMONTE SPRINGS By: J. Dudley Bates, Mayor Date: p:~cp~projects~special~jpaMgnot4.doc Seminole County Comprehensive Planning Division 12/16/97 13 ATTEST: Thelma McPherson, City Clerk Donna Mclntosh, City Attomey CITY OF CASSELBERRY By: Brace Pronovost, Mayor Date: ATTEST: Carol A. Foster, City Clerk Donna Mclntosh, City Attorney ATTEST: Geraldine Zambri, City Clerk Richard Taylor, City Attomey CITY OF LAKE MARY By: David Mealob, Mayor Date: CITY OF LONGWOOD By: Rusty Miles, Mayor Date; ATTEST: Cynthia Bonham, City Clerk William L. Colbert, City Attomey CITY OF OVIEDO By: Miriam Brace, Mayor Date: ATTEST: , /Ca ~et R. Dougher~y, C~ e diiarn L. C61Bert, City A~omey p:\cpXprojectsXspecialXjpa\ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 14 ATTEST: Margo Hopkins, City Clerk Frank Kruppenbacher, City Attorney CITY OF WINTER SPRINGS By: Paul Partyka, Mayor Date: ATTEST: Ned Julian, Jr., Esquire Director of Legal Services SCHOOL BOARD OF SEMINOLE COUNTY By: Sandra Robinson, Chairman By: Paul J. Hagerty, Superintendent p:~cp~orojects~special~jpa~ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 15 EXHIBIT A INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT OF 1997 NOTICE OF RECEIPT OF APPLICATION FOR PROPOSED PLANNING ACTION U"] Seminole County ["] A!tamonte Springs [] Casselberry ["] Lake Mary ['] LOngwood U'] Oviedo U'] Sanford ['] Winter Springs ['] School Board Name of Applicant/Initiator of Proposal: Name of Project(s): Street Address or General Location: Tax Parcel Number (or legal description): Location Map Attached [] Action Re~luested: [] Annexation: voluntary [] involuntary [] [] Contraction [] Special ExceptionNariance [] Density/Intensity Change [] Rezoning from [] Comprehensive Plan Amendment_from [] Facility Improvement/Expansion/Contraction [] Other Land Use Action (describe): Proposed Use of Property: Publishing Dates for Legal Notice: Staff Review Scheduled for: Telephone: Date, Time, Place of Public Hearing: I"] Seminole County F] Altamonte Springs [~] Casseiberry F] Lake Mary I'] Longwood 0 o i do F'] Sanford I"'l Winter Springs U'] School Board to Contact Person: p:\cp~projects~special~jpa~ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 16 CITY MANAGER'S OFFICE . MAYOR __ CITY CLERK ROUTING MEMO __ CITY MANAGER SECRETARY [] __ FINANCE DIRECTOR PERSONNEL DIRECTOR __ PLANNING/DEVELOP. DIR. __ PUBLIC WORKS DIRECTOR UTILITY DIRECTOR [] [] __ REC./PARKS DIR. . POLICE CHIEF I'1 - FIRE CHIEF [] COM. DEVELOP. DIR. [] CITY ENGINEER [] BUILDING OFFICIAL [] ~ CITY ATTORNEY ACTION: 4. Piease Call Me 8. Note and Return 1. Your Information 5. Please Handle 9. Signature 2. Approval 6. As Requested 10. OK "As Is" 3. Please See Me 7. Please File 11. See "Remarks" O' [] [] [] [] 12. ReOurConversation' 13. Your Comments or Recommendations 14. Read and Pass On REGARDING: (Attached PLEASE RESPOND NO LATER THAN: FROM ~/L ,, DATE FZ g kO N- P.O. Box 1 788 · 32772-1 788 · (407)330-5600. (407)330-5606 Fax January 29, 1998 Mr. Randall C. Morris Chainnan Board of County Commissioners Seminole County 1101 East 1st Street Sanford, Florida 32771 Dear Chairman Morris: At Regular Meeting on January 26, 1998 the City Commission of the City of Sanford approved the execution of the Intergovernmental Planning Coordination Agreement of 1997. Mayor Dale and I can sign this agreement at any time. Please s~nd the nine (9) original counterparts to me for our signatures. Ifyou have any questions, please do not hesitate to call me at 330-5603. Sheerely, City Clerk jd Mayor Dale City Manager Simmons Subject: Intergovernmental D~ar ~~ ~ On behalf of the Board of ( Planning Coordination Agreen, BOARD OF COUNTY COMMISSIONERS /fmpost-it"routing request pad 7664 December 10, 1997 ~,~ REQUEST The Honorable Larry Dale, 1~ please EC 2 2 I997 City ofSanford EZ3 READ o Jc~ . ' PO Box 1788 [~ HANDLE Sanford, Florida 32772-1788 UD APPROVE D RETURN o 5 KE.E' o, []REVIEW IvetTlnlental Date Frum You will recall that earlier this), ...., ..... Seminole County, the County School Board and Council of Local Governments of Seminole County (CALNO), for review and comment. Since then, County staff has spent considerable time with staff from each of the cities to address their comments/concerns and recommended changes to the agreement. We are pleased that this revised agreement provides a thud frame to initiate discussion among each jurisdiction regarding the preparation of joint planning agreements, and we are also pleased that the agreement has met with substantial consensus from the Planning Technical Advisory Committee (PTAC). We believe that this agreement will help achieve a more orderly, timely and consistent review of land use actions, and cstablish a flamework for coHaborativc planning among our respective jurisdictions. I look forward to receiving from you a signed copy of the agreement. ff you have any questions regarding this document, please contact Tony Matthews, Comprehensive Planning Division, at 321-1130, extension 7371. Thank you for your time and consideration in this matter. Chairman Board of County Commissioners Enclosure RCM:tm CC: William A. Simmons, City Manager Jay Marder, Director of Planning and Development Cindy Gennell, Chairperson \~DP~VOL2\CPXMISC\CORRESXLETFERSXREVICE.DOC 1101 EAST FIRST STREET SANFORD FLORIDA 32771-1468 (407) 321-1130 INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT OF 1997 THIS INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT OF' 1997, herein referred to as the "Agreement", is made and entered into this day of 1997, by and among SEMINOLE COUNTY, hereinafter referred to as the "COUNTY", a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771; and the CITY OF ALTAMONTE SPRINGS, a Florida municipal corporation, whose address is 225 Newburyport Avenue, Altamonte' Springs, Florida 32701; and the CITY OF CASSELBERRY, a Florida municipal corporation., whose address is 95 Triplet Lake Drive, Casselberry, Florida 32707; and the CITY OF LAKE MARY, a Florida municipal corporation, whose address is 100 West Lake Mary Boulevard, Lake Mary, Florida 32746; and the CITY OF LONGWOOD, a Florida municipal corporation, whose address is 175 West Warren Avenue, Longwood, Florida 32750; and the CITY OF OVIEDO, a Florida municipal corporation, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765; and the CITY OF SANFORD, a Florida municipal corporation, whose address is 300 North Park Avenue, Sanford, Florida 32771; and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and THE SCHOOL BOARD OF SEMINOLE COUNTY, Florida, a political subdivision of the State of Florida and a body corporate pursuant to Section 230.21, Florida Statutes, whose address is 400 East Lake Mary Boulevard, Sanford, Florida 32773-7127. WITNESSETH: WHEREAS, the municipal corporations and school board listed above shall be collectively hereinafter referred to as the "CITIES" and "SCHOOL BOARD" respectively; and p:\cp~projectsLspecial~jpaXignot4.doc Seminole County Comprehensive Planning Division 12/16/97 WHEREAS, in 1985, the COUNTY and CITIES entered into an Interlocal Agreement for the purpose of providing mutual notification between and among the COUNTY and the CITIES which have mutual borders affected by any voluntary annexation, contraction, density changes, rezonings, comprehensive plan changes, and other land use actions prior to official action by either the COUNTY or the CITIES; and WHEREAS, the 1985 Interlocal Agreement has been a very useful mechanism in providing for notification between and among the COUNTY and the CITIES regarding annexations, contractions, density changes, rezonings, comprehensive plan amendments, and other land use actions; and WHEREAS, it is the intent of this Agreement to continue to provide this u~eful notification relative to land use actions and to establish a flamework for collaborative planning; and 'WHEREAS, it is mutually agreed that it is desirable to expand the scope and detail of the existing notification procedures of the 1985 Inte~ocal Agreement for the purpose of · facilitating an. even more orde~y, timely and consistent review of annexations, contractions, density changes, rezonings, comprehensive plan amendments and other land use actions; and WHEREAS, Part II, Chapter 163, Florida Statutes, requires. that the COUNTY and the CITIES adopt comprehensive plans which include intergovernmental coordination elements for the purpose of, among other things, determining coordination processes and procedures with adjacent local governments; and WHEREAS, the COUNTY, CITIES and SCHOOL BOARD (the "parties") desire to mutually cooperate with each other for the purposes of ensuring land use compatibility, insomuch as practical, between and among the parties; provide for efficient and effective public p:~cp~orojects~special~jpa\ignot4.doc Seminole County Comprehensive Planning Division 1 ?_/1 6197 services to residents of both the COUNTY and CITIES; provide for a dispute/conflict resolution mechanism; and establish collaborative land use planning mechanisms; and WHEREAS, it is beneficial to the public for the parties to this agreement to work together in a spirit of harmony and cooperation as evidenced from the past; and WHEREAS, the COUNTY and the CITIES desire to protect the health, safety and welfare of the citizens of their respective jurisdictions; and WHEREAS, Part II of Chapter 163, Florida Statues, requires the coordination of local comprehensive plans with the comprehensive plans of adjacent local governments and the plans of school districts and other units of local government providing public services, but not, having regulatory authority over the use of land; and WHEREAS, provision has been made in this Agreement for coordination with the SCHOOL BOARD of Seminole County and certain other agencies of government; and WHEREAS, the Intergovernmental Coordination Element of the Seminole County Comprehensive Plan provides for the use of the Joint Planning Technical Advisory Committee to coordinate comprehensive plan programs and to ensure consistency between these programs and issues of multi-jurisdictional' concem; and' WHEREAS, the parties to this Agreement desire to establish an intergovernmental coordination program for providing mutual and timely notification of land use applications and proposals whe;a action on such applications and proposals might affect or impact other parties; and WHEREAS, this Agreement will serve as a vehicle for the notification, identification, definition, and collaberative action as to any land use decision or action that may be of multi- jurisdictional significance and provide a process for reviewing proposed land use matters by p:~p~projects~special~jpa\ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 3 enhancing planning analysis with minimal bureaucracy and expense for the parties and property owners; and WHEREAS, land use matters which are the subject of this Agreement include, but are not limited to, annexations, contractions, density changes, rezonings, special exceptions/conditional uses, variances, comprehensive plan amendments, public service facility expansions and contmetious, school-site land acquisition and proposed school construction and/or expansion, and all other land use actions which may affect or impact the parties to this Agreement; and WHEREAS, it is the desire of the parties that each affected party have the opportunity to review and analyze, to the maximum extent possible, all proposed land use actions and ha'~e an opportunity to express comments and concems relating to such proposed actions before final action is taken by any other party; and WHEREAS, the COUNTY AND CITIES agree that joint planning agreements addressing multi-jurisdictional land use issues and provision of public services and facilities, are a sound planning goal that serve to further intergovernmental coordination; and WHEREAS, the COUNTY AND CITIES agree that, although this Agreement can be a very useful mechanism in providing for notification between and among the parties regarding annexations, contractions, density changes, rezonings, comprehensive plan amendments, and other land use actions, joint planning agreements provide a more effective, comprehensive and desirable mechanism to ensure intergovemmental coordination and collaborative planning regarding multi-jurisdictional land use issues and provision of public services and facilities; and WHEREAS, the COUNTY AND CITIES agree that this Agrdement serves as an interim step toward the adoption of joint planning agreements; and p:\cp~projects~special~jpa\ignot4.doc Seminole County Comprehensive Planning Division 12t 16/97 WHEREAS, the parties agree to make every effort to complete the Intergovernmental Coordination Issues Report (ICIR) and to negotiate and adopt, in good faith, joint planning agreements as soon as practicable following the completion of the ICIR, provided for in Section 4(B)(3) of this Agreement; and WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters 125, 163, 166 and 230, Florida Statutes; the Seminole County Home Rule Charter; the Charters of the CITIES; and other applicable law; NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: SECTION 1: RECITALS. The above recitals are tree and correct and form a material part of this Agreement upon which the parties have relied. SECTION 2: PURPOSE OF AGREEMENT. (A) The general purpose of this Agreement is to establish a timework for coordination, communication and notification of proposed land use actions, to build cooperation between affected local govemments and SCHOOL BOARD to create an oppommity and process to resolve potential disputes, and to serve as an interim step until the COUNTY AND CITIES adopt joint planning agreements. (B) This Agreement is intended to accomplish, at a minimum, the following: (1) Timely Notification. Proposed land use actions including, but not limited to, annexations, contractions, density changes, rezonings, special exceptions/conditional uses, variances, comprehensive plan amendments, public service facility expansions and p:~cp~orojects~special~jpa\ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 5 contractions, school site land acquisition, proposed school construction and/or expansion, and all other land use actions which may affect or impact any of the parties to this Agreement shall have sufficient distribution and dissemination to insure that transmittat of comprehensive plan amendments' and final approval of development orders and permits will not occur without adequate notice to every other party where jurisdictional boundaries abut the boundaries of the notifying party. (2) Review, Analysis and Evaluation. Adequate review time shall be provided for analysis and evaluation of land use proposals by other local governments and the SCHOOL BOARD within the jurisdictional limits of Seminole County. · (3) Intergovernmental Coordination. Multi-jurisdictional issues regarding proposed land use actions and the associated provision of urban services, infrastructure improvements and other planning issues shall be articulated, considered and discussed to provide and implement, insomuch as practical, a collaborative land use planning process throughout the jurisdictional limits of Seminole County. (4) Conflict Resolution. To provide an oppommity and mechanism for conflict resolution between the parties with regard to any proposal which may result in divergent views, positions and opinions. (5) Adequate Review Time. The adequate review time set forth in this Section shall be the notification periods established in Section 3 of this Agreement. SECTION 3: NOTIFICATION OF RECEIPT OF APPLICATION FOR LAND USE ACTIONS. (A) Each party to this Agreement shall provide timely notification of receipt of an applicant requested or administrative requested application, as set forth herein, to every other party where jurisdictional boundaries abut the boundaries of the notifying party of each application or p:~cp~projects~special~jpa\ignot4.doc 6 Seminole County Comprehensive Planning Division 12/16/97 proposal for an annexation, contraction, density change, special exception/conditional use, variance, rezoning, comprehensive plan amendment, public service facility expansions and contractions, school site land acquisition, proposed school construction and/or expansion, and all other land use actions which may affect or impact the parties to this Agreement. The notifying party may also transmit notifications to any other party requesting notification of an application. (B) Notice of receipt of an application or initiation of a proposal shall be delivered to each party to this Agreement where jurisdictional boundaries abut the boundaries of the notifying t party not less than fourteen (14) days prior to final official action by the party which will act upon the application or proposal. Each party recognizes that due to such varying elements as, review times~ procedures and public meeting schedules, minimal lime is necessary in order to adequately review and respond to applications or proposals, and that every effort will be made to transmit notices as early as possible in the review process. (C) Each party agrees to be responsible for the preparation and delivery of the required notice to the other parties. A uniform notice form is attached hereto as Exhibit "A". (D) .This Agreement shall be liberally construed so as to resolve any question in favor of providing notice. SECTION 4: PLANNING COLLABORATION. (A) The parties hereto agree that the oppommity to review, evaluate and analyze proposed land use actions and provide comment relating to such applications and proposals would be mutually advantageous and of benefit to the public. Each party will make every reasonable effort to ensure such notice is provided as early as possible in the review process. Therefore, each party agrees to use its best efforts to provide notice required hereunder to the other affected parties prior to staff review and recommendation so that the parties can meet, if necessary, on a p:~43~projectsLspecial~jpa~ignot4.doc Seminole County Comprehensive Planning Division 12/16/9 7 7 regular basis, or as warranted, to discuss and comment on the request and suggest ways to alleviate the adverse impacts, if any,. or to suggest constructive options or alternative proposals, and to develop, as planned, comprehensive and efficient systems of providing public fadilities' and services. (B) The following framework is agreed upon to be used to coordinate the identification, definition and disposition of comprehensive plan items, which may be of multi-jurisdictional significance: (1) Exchange of Comprehensive Plans and Land Development Regulations.' On or before January 30, 1998, each party adopting a comprehensive plan in accordance with the provisions of Chapter 163, Florida Statutes, shall provide to each of the other paxties a copy of the party's complete currently adopted comprehensive plan and its currently adopted land development regulations. The SCHOOL BOARD shall provide the COUNTY and CITIES with a general educational facilities report prepared in accordance with Section 235.194, Florida Statutes, on or before October 1st of each year. To ensure that the parties have current adopted comprehensive plans in which to eomplete~ a sufficient review of proposed land use actions, each party shall provide each other party a copy of all adopted amendments to said documents upon adoption. (2) Planning Technical Advisory Committee. The Joint Planning Technical Advisory Committee CPTAC") is hereby created and established. The PTAC shall be comprised of one (1) COUNTY Planner, one (1) SCHOOL BOARD Planner and one (1) City Planner from each of the CITIES. The East Central Florida Regional Planning Council, Orange County, City of Maitland, and the Orlando Sanford Airport Authority shall be invited to appoint a non-voting member to p:~cp~projects~special~jpa~ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 the PTAC. As an advisory committee, the PTAC shall serve to enhance intergovernmental coordination of comprehensive plan programs and. help ensure PTAC may parties. (3) Joint consistency between these programs and issues of multi-jurisdictional concem. The' Seminole County Comprehensive Planning Division shall provide any clerical and logistical support services required by the PTAC. Professional services and other expert advice shall be provided through the resources of each party as it deems necessary. The be assigned duties and responsibilities by unanimous agreement of the Planning Agreements. As a step toward agreements each party shall prepare a report [to be known as an Intergovernmental Coordination Issues Report (ICIR)] on issues that it believes to be of multi-jurisdictional significance using the framework of the Evaluation and Appraisal Report (EAR) process as provided for in Chapter 163, Florida Statutes. This report shall be used to construct future joint planning agreements and shall information about each issue: (a) Co) (c) (d) (e) (f) (g) (h) adoption 'of joint planning · include, at a minimum, the following Clear identification of the issue. How or why the issue is not being adequately addressed at present. Implications of the current situation or course of action. Altemative comes of action and probable implications. Need for further information, research, and direction. Recommended disposition or next step. Issues/concems that require review by the Regional Planning Council. Timing as to when the issues can be addressed. p:\cp~orojects~specialXjpa~ignot4.doc Seminole County Comprehensive Planning Division 12J16/97 9 Each party to this Agreement shall submit the ICIR to the COUNTY in accordance with the following schedule: City of Altamonte Springs City of Casselberry City of Lake Mary City of Longwood City of Oviedo City of Sanford City of Winter Springs January 29, 1999 September 30, 1998 January 30, 1998 December 31, 1997 September 30, 1998 August 31, 1998 May 29, 1998 Within 30 days of receipt by the COUNTY of an ICIR submitted by a CITY pursuant to the minimum requirements of Section 403)(3) of this Agreement, the COUNTY shall initiate preparation of a joint planning agreement with the CITY. (4) The COUNTY AND CITIES shall include within their respective Evaluation and Appraisal Report (El) mended comprehensive plans, joint processes for collaborative planning and decision making on the issues identified in Section 163.3177(6)(h)2, Florida Statutes. (5) Conflict Resolution. Unless otherwise provided in a joint planning agreement, the parties shall engage in intergovernmental negotiation and communication, at management levels (i.e., between the County Manager, City Managers, School Superintendent), if any land use matter causes an intergovernmental dispute to arise. Subsequent to such management interaction, a party may invoke the provisions of the agreement entitled "Intergovernmental Agreement on Mediation and Intergovernmental Coordination", p:~?-,p~projects~special',jpa~ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 10 ( dated July 24, 1995, agreement. SECTION 5: NOTICES. unless mediation is otherwise addressed in a joint planning (A) Notices required or permitted hereunder shall be in writing, or by other electronic means, and be deemed properly made when hand delivered to the position hereinafter designated, or upon deposit in the United States mall, postage prepaid, addressed as set forth herein, or at such other address as shall have been specified by written notice to all other parties delivered in accordance herewith. (13) Addresses for receipt of notices are as follows: (1) SEMINOLE COUNTY: (2) CITY OF ALTAMONTE SPRINGS: (3) CITY OF CASSELBERRY: (4) CITY OF LAKE MARY: (5) CITY OF LONGWOOD: (6) CITY OF OVIEDO: Current Planning Manager Current Planning Division Seminole County Services Building 1101 East First Street Sanford, Florida 32771 Growth Management Director 225 Newburyport Avenue Altamonte Springs, Florida 32701 Community Development Director 95 Triplet Lake Drive Casselberry, Florida 32707 City Planner Post Office Box 725 Lake Mary, Florida 32746 City Planner 175 West Warren Avenue Longwood, Florida 32750 Director of Planning and Development 400 Alexandria Boulevard Oviedo, Florida 32765 p:\cp~projects~special~jpaMgnot4.doc Seminole County Comprehensive Planning Division 12/16/9 7 11 (7) SANFORD: (8) CITY OF WINTER SPRINGS: (9) SCHOOL BOARD OF SEMINOLE COUNTY: Director of Planning and Development Post Office Box 1778 Sanford, Florida 32771 - 1788 Community Development Director 1126 E. SR 434 Winter Springs, Florida 32708 Executive Director of Facilities 400 East Lake Mary Boulevard Sanford, Florida 32773-7127 (C) The parties agree to attempt in the future to develop an electronic mail system by which notices may be given. SECTION 6. TERM/TERMINATION. (A) The term of this Agreement shall be for a period of two (2) years, but shall be automatically renewed for successive one (1) year terms as to all parties unless a party notifies all other parties that it is opting out of this Agreement in accordance with Subsection Co), in which case the parties shall meet and determine, no less than sixty (60) days prior to the expiration date of a term, as to whether the Agreement should continue in effect as to the remaining parties. (B ) If any party wishes to terminate this Agreement as it applies to said party, notice of such termination shall be given to all other parties no less that one hundred and twenty (120) days prior to the expiration date of a term. Termination shall be effective one hundred and twenty (120) days from the date notice is perfected as provided herein. _ (C) Termination of this Agreement shall occur as to obligations between parties for each party entering a joint planning agreement at the time of adoption of joint planning agreements between these parties. In the case of the City of Sanford, where a joint planning agreement already exists between the COUNTY and the City of Sanford, this Agreement shall terminate as p:\cp~projects~special~jpa\ignot4.doc Seminole County Comprehensive Planning Division 12_/16/97 12 .2 between the City of Sanford and the COUNTY upon adoption of an amended joint planning agreement between the COUNTY and the City of Sanford. SECTION 7: COUNTERPARTS. This Agreement shall be executed in nine (9) counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers therein. ATTEST: Maryanne Morse, Clerk of Circuit Court Clerk to-the Board of County Commissioners of Seminole County, Florida. As authorized for execution by the Board of County Commissioners in their ,19 , regular meeting. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: Randall C. Morals, Chairman Date: County Attomey Date: ATTEST: Patsy Wainwright, City Clerk James A Fowler, City Attomey CITY OF ALTAMONTE SPRINGS By: J. Dudley Bates, Mayor Date: p:\cp~projects~special~jpaMgnot4.doc Seminole County Comprehensive Planning Division 12/16/9 7 13 ATTEST: Thelma McPherson, City Clerk Donna McIntosh, City Attomey ATTEST: Carol A. Foster, City Clerk Donna McIntosh, City Attomey ATTEST: Geraldine Zambri, City Clerk Richard Taylor, City Attomey ATTEST: Cynthia Bonham, City Clerk William L. Colbert, City Attomey ATTEST: Janet R. Dougherty, City Clerk William L. Colbert, City Attomey p:\cp~projects~special~jpa\ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 CITY OF CASSELBERRY By: Brace Pronovost, Mayor Date: CITY OF LAKE MARY By: David Mealo½, Mayor Date: CITY OF LONGWOOD By: Rusty Miles, Mayor Date: CITY OF OVIEDO By: Miriam Brace, Mayor Date: CITY OF SANFORD BY: Larry Dale, Mayor Date: 14 ATTEST: Margo Hopkins, City Clerk Frank Knappenbacher, City Attomey CITY OF WINTER SPRINGS By: Paul Partyka, Mayor Date: ATTEST: SCHOOL BOARD OF SEMINOLE COUNTY Ned Julian, Jr., Esquire Director of Legal Services By: Sandra Rob{nson, Chairman By: Paul J. Hagerty, Superintendent p:~,p~projects~special~jpaMgnot4.doc Seminole County Comprehensive Planning Division 12/16/97 15 EXHIBIT A INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT OF 1997 NOTICE OF RECEIPT OF APPLICATION FOR I PROPOSED PLANNING ACTION ....... ~:i~li~llle CouIil,~ . .%enliilole ["] Altamonte Springs U'~ Casselberry F'] Lake Mary ["] Longwood I'l Oviedo U'] Sanford ['l Winter Springs ['! School Board ~ A!tamonte Springs I"] Casselberry F'] Lake Mary ["] Longwood U'] Oviedo ['] Sanford [] Winter Springs [] School Board Name of Applicant/Initiator of Proposal: Name of Project(s): Street Address or General Location: Tax Parcel Number (or legal description): 'Location Map Attached [] Action Reauested: [] Annexation: voluntary [] involuntary [] [] Contraction [] Special Exception/Variance [] Density/Intensity Change [] Rez0ning from [] Comprehensive Plan Amendment_from [] Facility Improvement/Expansion/Contraction [] Other Land Use Action (describe): to to Proposed Use of Property: Publishing Dates for Legal Notice: Staff Review Scheduled for: Telephone: Date, Time, Place of Public Hearing: Contact Person: p:\cp~projects~special~jpa\ignot4.doc Seminole County Comprehensive Planning Division 12/16/97 16 TO .' HAND DELIVERY Jan Dougherty DATE: City Clerk CITY OF SANFORD Re: 300 N. Park Ave. Sanford, FL 32771 March 2, 1998 Intergovernmental Planning DOCUMENTS OR PAPERS LISTED BELOW ARE ENCLOSED: 1o Intergovernmental Planning Coordination Agreemen~ of 1997 PLEASE TAKE THE FOLLOWING ACTION: Pursuant to your request. THANK YOU. STENSTROM, McINTOSH, COLBERT, WHIGHAM & SIMMONS, P.A. Attorneys at Law Suite 22, Sun Bank 200 W. First Street Sanford, Florida 32771 Post Office Box 4848 Sanford, Florida 32772-4848 FAX: (407) 330-2379 '~ Wi'~ L. Colbert, Esq. WLC/nah