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