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2003-40 . . . 25 26 27 28 29 30 31 at' " /3/3 )~ P, (Hi lóll \ \ \0 ~ . . '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 JOINT PLANNING INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT, FLORIDA This Joint Planning Interlocal Agreement is made and entered into between Lake County, Florida, a political subdivision of the State of Florida ("County") and the City of Clermont, Florida, a Florida municipal corporation ("City"). PREAMBLE WHEREAS, County and City recognize that proper intergovernmental coordination is essential for. sound growth management, pursuant to Section 163.01 Florida Statutes and the County and City have the authority to enter into a Joint Planning Agreement and jointly exercise their powers pursuant to the Aèt in general and subsections 163.3171 (1) and (3) Florida Statutes; and, WHEREAS, comprehensive plans for the City and the County must be consistent with each other, the Regional Comprehensive Plan and the State Comprehensive Plan; and, WHEREAS, Part II of Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act (the "Act"), Rule 9J-5, 22 23 24 Florida Administrative Code, address the need for an efficient and orderly system of planning and growth management by and among governmental entities and subdivisions thereof to ensure logical growth while preserving and enhancing the public welfare; and, WHEREAS, the State Comprehensive Plan requires local governments to direct development to those areas which have in place the land resources, water resources and service capacity to accommodate growth in an environmentally acceptable manner and use incentives and disincentives to achieve a separation of urban and rural land uses; and, . . . 1 2 3 4 5 WHEREAS, urban services are more efficiently provided when the area served is compact and contiguous and the planned orderly expansion of established infrastructure, including but not limited to, public safety, transportation, water and wastewater, creates economies of scale when densities support the added services, thus discouraging urban sprawl development patterns, lowering the cost of expanding, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 operating and maintaining these vital systems; and, WHEREAS, the State Comprehensive Plan requires local governments to protect the substantial investment in public facilities that already exist and to plan for and finance facilities in a timely, orderly and efficient manner; and, WHEREAS, the area depicted on Exhibit "A" is an area which is adjacent to the current city limits and includes areas that may be annexed to and become a part of the City (the "Joint Planning Area") and the County and City intend that if such area develops in the future, that it will be developed consistent with the standards of the City, as well as being consistent with the standards of County, and WHEREAS, the City and County have determined that identifying the Joint Planning Area and insuring that such area if developed will be designed in a way which shall support planning for adequate services, school and recreation planning, intergovernmental coordination and cooperation, the economical provision of services and utilization of existing infrastructure while minimizing the fiscal impacts on the current and future residents of City and County; and, WHEREAS, the Joint Planning Area depicted in Exhibit IIAII represents areas of 22 23 24 25 26 27 28 29 30 31 logical urban expansion, with the exception of the designated Green Swamp Area of Critical State Concern, contiguous to the current corporate limits and is not in conflict with urban service provision areas adopted by adjacent municipalities; and, WHEREAS, City and County after consultation with their departmental staffs, have determined that the lands included in the Joint Planning Area meet or exceed the land area the City may annex; and, WHEREAS, City has determined that no reasonable opportunity for municipal expansion is thereby waived by the Agreement, but rather that this Agreement represents a mechanism for provision of orderly growth and development consistent with the mandates of the State Comprehensive Plan and the Growth Management Act; and, P: JPAfinalseptO3.doc 2 . . 22 23 24 25 26 27 28 29 30 . . ' 1 2 3 4 5 6 7 8 WHEREAS, City and County can proactively designate areas for appropriate and timely development through a joint planning effort, ready provision of urban services and , implement procedures for the timely review and processing of annexation and development proposals; and, WHEREAS, consistent with Chapter 9J-5.006(5)(1), in a cooperative planning process the City and County will encourage innovative and flexible planning design practices such as "clustering and mixed use developments" to ensure the preservation of open space while protecting environmentally sensitive areas, maintaining the economic viability of agriculture and other predominantly rural land uses, and providing for the cost-efficient delivery of public facilities and services as methods to promote sustainable development and discourage urban sprawl; and, WHEREAS, City and County wish to agree on efficient and cost effective methods to provide other municipal services to those areas within the Joint Planning Area that may 9 10 11 12 13 14 15 16 remain unincorporated; and, WHEREAS, City and the County wish to agree on certain procedures for the timely review and processing of annexation and development proposals within those areas identified in Exhibit "A"; and, 17 18 19 20 21 WHEREAS, there is no intent for this Agreement to restrict the City's or County's authority to amend its Land Development Regulations, Comprehensive Plan or otherwise to make land use decisions for lands now or hereafter within the corporate boundaries of the City or County; and, WHEREAS, this Agreement provides City and County with opportunities to renegotiate the Agreement in response to changed circumstances, including the ability to seek refinement or expansion of the Joint Planning Area boundary during or after the five years from the date of adoption; and, WHEREAS, it is planned that the provisions and covenants in this Agreement will be incorporated into the Goals, Objectives and Policies of the City and County's Comprehensive Plans and the City and County Land Development Regulations thus providing a process and a means for the mitigation of such significant extra-jurisdictional impact; and, P: JPAfinalseptO3.doc 3 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . 26 27 28 29 30 31 . . ' NOW THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the City and " the County agree with each other to create and participate in the following Joint Planning Agreement as is fully set forth below. ARTICLE I - INCORPORATION OF PREAMBLE Incorporation of Preamble. The Preamble above is true and 'correct and is incorporated into this Agreement as is fully set forth below. This Agreement shall be considered an Interlocal Agreement pursuant to the authority within Florida Statutes. ARTICLE II - DEFINITIONS 1. Act. Means and refers to the "Local Government Comprehensive Planning and Land Development Regulation Act" set forth in Section 163.3161 et. Seq., Florida Statutes as the same may be amended or superseded from time to time. 2. Agreement. Means and refers to this Joint Planning Area Agreement, as the same may be amended or supplemented as provided for herein. 3. City. Means the City of Clermont, a Florida municipal corporation. 4. "City of Clermont Utility Service Area" (Exhibit "B"). Means the area where the City proposes to provide utility services pursuant to Chapter 180 of the Florida Statutes, as amended. 5. City Council. Means the elected legislative governing board of the City of Clermont and referred to as the "Clermont City Council." 6. City Comprehensive Plan. Means the comprehensive plan adopted pursuant to the Act, by City Ordinance no. 440-M, and as may have been otherwise amended or may, in the future, be amended from time to time. 7. Collector Road. Is as defined in the Definitions of the County Land Development Regulations, as may be amended or superseded from time to time. P: JPAfinalseptO3.doc 4 . 3 . 4 5 6 7 8 9 10 11 . . . . 1 2 8. County Comprehensive Plan. Means and refers in the case of the County to the County's Comprehensive Plan, adopted pursuant to the Act, as amended from time to " time. 9. County Commission. Means the elected legislative governing board of Lake County referred to as the "Board of County Commissioners of Lake County." 10. County. Means Lake County, Florida, a political subdivision of the State of Florida. 11. County-Maintained Roads. (See Exhibit "C"). Refers to roadways defined as 12 13 14 15 16 17 18 19 20 21 22 local, collector or arterial or segments thereof, along with associated drainage facilities, which mayor may not have been transferred to the County for maintenance responsibilities by the State of Florida as oriented in Chapter 335, Florida Statutes, as amended or superseded from time to time. 12. Development. Shall be defined as set forth in Florida Statutes, as amended or superseded from time to time. 13. Enclave. Means any unincorporated improved or developed area that is enclosed within and bounded on all sides by: 1. The City of Clermont, or 2. Any incorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. 14. Future Land Use Element. Means and refers to that section of either the City's or the County's Comprehensive Plan, which includes all of the requirements of Florida Statutes, as the same may be amended or renumbered from time to time. 23 24 25 26 27 28 29 30 15. Governing Body. Means in the case of the County, the Board of County Commissioners, and in the case of the City, the City of Clermont City Council. 16. Infrastructure or Utility Improvements. Means any proposed sewer, water, and right-of-way or roadway improvement plans, electric, gas, telecommunications, parks, open space improvements, public building, public utilities, public drainage and retention conveyance structures owned and operated by a local government or private entity. 17. Joint Planning Area. Means and refers to that area depicted in Exhibit "A" 18. JPA Means the Joint Planning Area. P: JPAfinalseptO3.doc 5 . . . . . 1 2 3 4 5 6 7 8 9 10 19. JPA Map. Means and refers to the map attached hereto and incorporated herein by reference as Exhibit "A," which designated parcels of land encompassed by this Agreement. 20. Land Development Regulations. Means ordinances enacted by the City or the County for the regulation of any aspect of Development. 21. Local Planning Agency. Means the recommending agency appointed by the Board of County Commissioners .or City Council to review comprehensive plan and Land Development Regulations (LDR) amendments thereto and designated as the "local planning agency" pursuant to Florida Statutes. 22. Parcel of Land. Means any quantity of land capable of being described with such precision or exactness that its location and boundaries may be established, which is 11 12 13 14 15 16 17 18 19 20 21 designated by the City, by the County, or by its owner or developer as land to be used, or developed as, a unit or which has been used or developed as a unit. 23. Pre-annexation Agreement. Means any agreement entered into by property owners or stewards and the City of Clermont that obligates property owned by the same be annexed by the City of Clermont within a specified amount of time or upon becoming contiguous to the City limits. ARTICLE III - DESIGNATION AND DEFINITION OF JOINT PLANNING AREA 1. Joint Planning Area Created. The area identified in "Exhibit A" shall be 22 23 24 25 26 27 28 29 30 31 designated as the Joint Planning Area. 2. County and City will use their best efforts to incorporate the boundaries of the Joint Planning Area into the Future Land Use Maps of their respective plans and to include the terms and conditions stated herein. County and City will use their best efforts to amend their Land Development Regulations to incorporate the terms and conditions stated herein. 3. It is the intent of City and County that the comprehensive plans of City and County shall ensure that the lands in the Joint Planning Area if developed are designed to be consistent with development within City and developed in a manner that will ensure efficient provision of public infrastructure and services in this area. The P: JPAfinalseptO3.doc 6 . . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 . 1 2 3 amendments contemplated in 2, above, shall cover growth management issues and may include, but are not limited to, the following topics: , . Timing of urban growth . Density of urban areas 4 5 . Limiting private utility providers to areas outside the JP A . Environmental resource management 6 7 8 9 10 11 12 13 14 . Innovative and flexible planning such as mixed-use, clustering and open space provIsIons . Transportation planning consistent with Lake County and Orange County Transportation Plans . Planning for the Green Mountain Scenic By-way (County Road 455) 4. It is the intent of City and County that the Land Development Regulations of City and County shall ensure that if the lands in the Joint Planning Area are developed, they shall be designed and built consistent with development witl.tin the City. In order to accomplish this goal, City and County agree that the amendments to the Land Development Regulations are intended to create a unified development code, which shall apply within the City and the Joint Planning Area. The City and County staffs shall recommend to the City Council and County Commission, amendments to City and County Land Development, establishing standards for Development within City and the Joint Planning Area. The standards shall incorporate the standards from current City and County standards that are superior to the standards currently applied. Recommendations shall be submitted within 30 days of the adoption of this Agreement. 5. Planning for the Green Swamp Area of Critical State Concern A. Pursuant to Chapter 380.05, Florida Statutes, all amendments to comprehensive plans and land development regulations proposed by local governments within the designated areas of critical state concern shall be reviewed and approved by the Florida Department of Community Affairs. B. The County and City may submit to the Department of Community Affairs new or modified regulations and plans, provided that all amendments enhance the protection of the regionally significant resource as well as the principles set forth in the rule designating the area. P: JPAfinalseptO3.doc 7 . . 18 19 20 21 22 23 24 25 26 27 28 29 30 . 1 2 3 4 5 6 7 8 9 10 11 C. The City shall utilize both formal and informal modes of communication with the Florida Department of Community Affairs, StJohns River Water Management District, Florida Department of Environmental Protection, Lake County and other state and local agencies that .have jurisdictional authority or responsibility for regulation and management of the area to ensure the continued preservation and conservation of the protected area. 6. The City shall annex only lands in the Joint Planning Area and may not annex any lands outside of the Joint Planning Area without amendment of Exhibit "A" of this Agreement As real property within the area depicted as unincorporated is annexed into the City, it shall be unnecessary to amend this Agreement or Exhibit "A" 12 13 14 15 16 17 A. Terms of Annexation Related to Transfer of Infrastructure. All future municipal annexation-related transfers of infrastructure shall occur consistent with the following terms: Upon annexation of a sum greater than fifty (50%) of the existing front footage of properties abutting any subject road right- of-way, other than a State of Florida operated and maintained right-of-way, located between the two nearest collector streets (or streets with a higher classification) intersecting right-of-ways (i.e. cross streets), except those roads. specifically exempted from this Agreement as identified in Exhibit "C," the City shall assume maintenance responsibility for such road right-of-way segment and associated drainage facilities not terminating at any right-of-way centerline, but between and extending to and including the above mentioned local cross street intersections, or as may be mutually designated. All such transfers of maintenance responsibility related to an annexation shall include the entire width of the right-of-way adjacent to annexed properties. P: JPAfinalseptO3.doc 8 . . 23 24 25 26 27 28 29 30 31 . 1 2 3 4 5 ARTICLE IV - PROCEDURES FOR REVIEWING AND COMMENTING ON DEVELOPMENT ORDERS 1. Forwarding of Development Order Applications from the County to City and City to County. The City and County, within five (5) working days of receipt of any applications or preliminary plans associated with an application for a significant Development Order within the IP A, or within the City if such Development Order would have significant impacts, shall provide a copy of such application materials to the designated department, division or office of the other party as described in Section 6, Article IV herein. For the purposes of this agreement, a significant Development Order shall not mean single family residential building permits or minor commercial building permits, but is intended to mean those Development Orders for which site plan approval or subdivision approval or a higher level of technical review is required. The City or County may request a meeting to discuss the effect of such development on the neighboring jurisdiction subject to this Agreement. The County/City staff shall provide to the City/County its comments on the matters above, within ten (10) working days of receipt of a copy of said applications. The noted time frames may be extended by consent of both parties in order for the City staff and the County staff to review the objecting party's comments so long as the time frames within City or County's Land Development Regulations are complied with. If at any time the secondary jurisdiction shall consider the Development Order at a public meeting, the landowner or applicant for the proposed Development Order shall be given notice of the time, date, and place of the public meeting of the elected body of secondary jurisdiction. If a modification of a development order application is submitted to the primary jurisdiction, the secondary jurisdiction shall be afforded review pursuant to the review time periods described herein. 2. Review of Development Applications described in 1, above. In addition to the evaluation and comments normally prepared by the City or County agency initially accepting an application for a Development Order, any comments submitted by the agency of secondary jurisdiction in their review of the copy of said Development Order application shall be considered by the agency of primary jurisdiction in its review of said 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 P: JPAfinalseptO3.doc 9 . . . 1 2 3 4 5 6 7 8 9 10 Development Order including examination of the relationship between the application, the City and County's, Comprehensive Plans and this Agreement. 3. When reviewing any Development Order plans/applications for properties within the JP A that are bound by a City of Clermont Pre-annexation Agreement, the City staff shall provide review comments and forward a copy of such Pre-annexation Agreement directly to the County. Formal review of said plans/applications along with the permitting, inspection and . the issuance of Certificates of Occupancy on such properties shall then be the responsibility of the County. Such properties shall meet the supplemental development criteria, if any, as stipulated in the City of Clermont Pre- annexation Agreement. The County shall not issue a Certificate of Occupancy until the City has approved all public infrastructures to be transferred to the City pursuant the terms established in the Pre-annexation Agreement and any additional City requirements, including concurrency, shall be forwarded to the County as part of the Development Order application review process. 11 12 13 14 15 16 17 18 19 20 21 ARTICLE V - GENERAL PROVISIONS 1. Disclaimer of Third Party Beneficiaries. This agreement is solely for the benefit of the parties executing this Agreement, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal named party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon or give any person or corporation other than the parties 22 23 hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereto; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of all and shall be binding upon the parties 24 25 26 hereto and their respective and express representatives, successors and assigns. 2. Renegotiation. The County or City may call for renegotiation of this Agreement by written notice to the other party at any time during or after a period of five (5) years from the date of adoption. The City or County may renegotiate this Agreement in response to changed circumstances, to seek refinement, expand or contract the JP A boundary, or alter the designated time allowances as described in this Agreement. Upon 27 28 29 30 31 P: JPAfinalseptO3.doc 10 . . . 1 2 3 4 5 6 7 8 9 written notice, for a period of 90 days thereafter, the City and the County shall attempt to renegotiate this Agreement in good faith. During that 90-day period, where either party, in its sole discretion and in good faith, determines that such renegotiations have reached an impasse, it may invoke the conflict resolution procedures set forth in Chapter 164, Florida Statutes. If-no Agreement is negotiated during the 90-day period or during the conflict resolution process, the terms of this Agreement shall continue to govern and remain in full force and effect. Should the City or the County seek judicial review of this Agreement, or to enforce this Agreement, the City and the County recognize that venue will be properly located in Lake County, Florida for any action regarding this Agreement. The failure of any party to this Agreement to enforce any provision contained herein shall in no event be deemed a waiver of its rights to thereafter enforce this Agreement. Utilization of one remedy to enforce this Agreement shall not be deemed the only method by which to enforce the provisions of this Agreement. 3. Severability. Construction and Interpretation. In the event that any section, subsection, sentence, clause or word of this Agreement shall be held by a court of competent jurisdiction to be partially or wholly invalid or unenforceable for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other remaining articles, sections, subsection, sentences, clauses or words of this 10 11 12 13 14 15 16 17 18 19 20 21 22 Agreement, and this Agreement shall be read and/or applied as if the invalid illegal or unenforceable section, subsection, sentence, clause, or word did not exist. All parties who have executed the same mutually negotiated this Agreement. Consequently, it is the intent of the parties that no provision shall be more harshly construed against either party as the drafter hereof. 23 24 25 26 27 28 29 30 31 4. Effective Date. Prior to this Agreement, or any amendment hereto, becoming effective, it shall be approved and executed by both parties hereto, and pursuant to Florida Statutes, this Agreement shall become effective immediately after filing of this Agreement with the Clerk of the Circuit Court of Lake County, Florida. This Agreement shall be recorded in the Public Records of Lake County, Florida. P: JPAfinalseptO3.doc 11 . 1 2 3 4 5 6 7 8 9 10 11 .12 13 14 15 16 17 18 19 20 21 . . 5. Termination and Amendment. Termination. a. (1) This Interlocal Agreement shall automatically renew after five (5) years from the date of final adoption unless terminated as provided herein. (2) Either party may terminate this Agreement with no less than sixty (60) days notification given to the respective party. Thereupon, a written notice of termination shall be executed by both parties to this Agreement, filed with the Clerk of the Circuit Court and recorded in the Public Records of Lake County, Florida. b. Amendment. This Agreement, including the Comprehensive Plan and Land Development Regulations of the JP A, may be amended at any time provided that a majority of both City and County governing bodies authorize said amendment. c. Amendment or Termination of Agreement to be in Writing. Except as provided for herein, no amendment or termination of this Agreement shall be binding on either party unless a written instrument terminating or amending this Agreement is executed by the County Commission Chairman and the City Mayor after being duly authorized to do so by their respective governing bodies, and such termination or amendment shall not be effective until after it has been filed with the Clerk of the Circuit Court 22 23 24 of Lake County, Florida. Except as set forth herein, all instruments amending or terminating this Agreement shall be recorded in the Public 25 26 27 28 29 30 Records of Lake County, Florida. 6. Notice Under this Article; Proper Form. Any notice to be delivered hereunder to either the City or the County by the other party shall be in writing and shall be deemed to be delivered when: (a) hand delivered to the official designate hereunder with receipt acknowledged in writing, or (b) upon receipt of such notice when deposited in the United States Mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the party at the address set forth opposite the party's name below, or at such other address as the party shall have specified by encouraged to be sent pursuant to the P: JPAfinalseptO3.doc 12 . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 above referenced provisions. Mere delivery of copies shall not be determined to be compliance with the requirements hereof: COUNTY County Manager Lake County Administration Building A P.O. Box 7800 315 West Main Street Tavares, FL 32778~ 7800 MUNICIPALITY City Manager City of Clermont P.O. Box 120219 Clermont, FL . 34712-0219 Either party to this Agreement may unilaterally amend this by revising the address or designee to whom notices are to be delivered by providing notice to the other party as provided herein. 7. Rules of Constructio"n. As used in this Agreement, the plural includes the singular, and the singular includes the plural. Use of one gender includes all genders. Subtitles or catch lines for articles, sections, or subsections herein are used for ease in reading this Agreement, and the subtitles or catch lines do not form a substantive part of this Agreement for purposes of interpretation. This Agreement shall be liberally interpreted to achieve its goals and purposes. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: COUNTY through its Board of County Commissioners, signing by and through its Chairman, authorized to execute same by Board action on this ~day of ~2003, and MUNICIPALITY through its City Council, signing by and through its Mayor, duly authorized to execute same by Commission action on the~ /¡¡ day Of~ 2003. 23 24 25 26 P: JPAfinalseptO3.doc 13 1 2 COUNTY . 3 ATTEST: LAKE COUNTY, through its 4 BOARD OF COMMISSIONERS 5 ~.- V-)& 6 /' ~ 7 James C. "'!atkins, Clerk Welton Cadwell, Chairman 8 of the Board of County 9 Commissioners of Lake County, FL This~ day of ~'" \U. , 10 2003 11 Approved as to form and legality: 12 -~ 13 14 15 Sanford A. Minkoff 16 County Attorney 17 18 MUNICIP ALITY 19 ATTEST: CITY OF CLERMONT, through its . 20 CITY COUNCIL 21 ~~~ 22 23 oe Van Zile, F" Harold Turville, Mayor 24 City of Clermont daYOfOuF' 25 This~ 26 2003 27 Approved as to form and legality: 28 ~~ 29 30 31 Robert Guthrie 32 City Attorney 33 . Clsfarrell/U: JPAfinaLdoc 14 "v" J..IHIHX:!I . ~ sauV\l , Z 0 z . e v df ~N 0 WH3:'I3 . '-.8:.. II8:IHX3 . S9nV\l z 0 z e . eaJV a~!AJaS'OB~ 'S'::I . ,. .. ." Exhibit "C" The. following roadways will continue to be maintained by Lake County: CR 561 CR 561 A Citrus Tower Blvd. South Clermont Connector Hancock Rd. Hartle.. Rd. Hartwood-Marsh Rd. Johns Lake Rd. Existing clay roads .. . . ... .' ,; .