2009-R-13
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RESOLUTION NO. 2009-R-13
A RESOLUTION OF THE CITY OF EDGEWATER,
EXPRESSING THE CITY'S INTENT TO CONTINUE TO
COOPERATE WITH OTHER VOLUSIA JURISDICTIONS
TO ACIDEVE SMART GROWTH, AND TO CONSIDER
P ARTICIP A TING IN A PROCESS TO DEVELOP SMART
GROWTH JOINT PLANNING AGREEMENTS AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the County, Cities and the School Board have established and
maintained a cooperative and productive relationship with regard to the exchange of
information on matters of mutual interest; and
WHEREAS, the Volusia Council of Governments has prepared a map (ECa
Map) which shows lands whose priority should be conservation and preservation; and
WHEREAS, the County, Cities and the School Board have been researching and
developing tools to implement "Smart Growth" techniques since 2003, and to implement
the recommendations of the 2005 V olusia Smart Growth Implementation Committee
Report; and
WHEREAS, the County, Cities and School Board agree that working together on
long range planning is a cornerstone of effective growth management; and
WHEREAS, Chapter 163 Florida Statutes requires effective intergovernmental
coordination; and
WHEREAS, the County, Cities and School Board agree that jointly establishing
the specific methods in which the plans and processes of the parties can be coordinated;
and
WHEREAS, the County, Cities and School Board recognize the benefits that will
flow to the citizens of their communities by their cooperative efforts and more closely
coordinating their planning programs; namely (1) conservation and preservation of
environmentally sensitive lands and productive agricultural lands, (2) directing suitable
and compatible development to agreed upon and appropriate areas, and (3) reduction of
pressures contributing to urban sprawl and support of existing neighborhoods; and
WHEREAS, through this Resolution the County, Cities and the School Board
wish to maintain and enhance their cooperative and productive relationship regarding the
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exchange of information relating to planning efforts and public facilities and In
accordance with statutory requirements; and
WHEREAS, this Resolution is intended to outline a method for accomplishing
joint planning between local governments and this resolution shall not be construed as an
agreement to conclude a JP A or as agreement to any specific provisions in a final JP A;
and
WHEREAS, nothing in this Resolution shall be construed as an agreement or an
obligation to expend funds, make future payments of money, or amend comprehensive
plans.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
EDGEW A TER:
That it hereby expresses its commitment to participate in a process and
cooperate with THE SCHOOL BOARD OF VOLUSIA COUNTY, THE COUNTY OF
VOLUSIA AND THE CITY OF DAYTONA BEACH, CITY OF DAYTONA BEACH
SHORES, CITY OF DEBARY, CITY OF DELAND, CITY OF DELTONA, CITY OF
EDGEW A TER, CITY OF HOLLY HILL, CITY OF LAKE HELEN, TOWN OF
PONCE INLET, CITY OF NEW SMYRNA BEACH, CITY OF OAK HILL, CITY OF
ORANGE CITY, CITY OF ORMOND BEACH, TOWN OF PIERSON, CITY OF
PORT ORANGE AND CITY OF SOUTH DA YTONA for the purpose of outlining a
method to accomplish some of the goals and objectives stated in the September 2005
Smart Growth Implementation Report as follows:
1. The provisions of this Resolution are intended to express the desire of the
City of Edgewater to work together with other V olusia local governments
to achieve smart growth and to outline the process to address the future
development within geographic areas of mutual interest.
2. It is the intent of the City of Edgewater to meet the objectives as cited
above, Joint Planning Agreements (JPAs) will be considered by and
between the Affected Governments. Affected Governments shall be local
governments within V olusia County whose jurisdictions include or are
adjacent to geographic areas of mutual interest. It is furthermore the intent
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of the parties that such lP As, if used, follow the guidelines set forth in this
Resolution.
3. It shall be an objective of the City of Edgewater to include as participants
and endorsers to the Joint Planning Agreement governmental agencies
within V olusia County who are expected to provide services within the
subject geographic area, including but not limited to the V olusia County
School Board, the V olusia County Metropolitan Planning Organization,
the St. Johns River Water Management District, and the Florida
Department of Transportation. It shall not be expected that these agencies
be signatories to the Joint Planning Agreement.
4. It shall be an objective of the City of Edgewater to include the affected
community and members of the public as participants. The Affected
Governments shall agree on a process and format by which meaningful
input and dialogue shall be accepted from these stakeholders.
5. The JPA (sample outline attached) will address geographic areas of mutual
interest and future development, conservation and preservation patterns.
Within the subject geographic areas, the following issues may be
considered and addressed;
a Land use and development patterns, including;
· Methods by which appropriate Increases in density or
intensity shall be permitted
· Design and development pattern considerations
· Civic uses, including but not limited to education,
libraries, recreation
· Colocation of uses
· Provision for mixed uses, employment centers, and
neighborhood commercial services
b. Transportation considerations, including but not limited to the
provision of roads, bicycle and pedestrian standards and transit
c. Utility considerations, including water, sewer, reclaimed water,
solid waste, stormwater and drainage
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d. Public safety servIces, including law enforcement, code
enforcement, fIre and EMS
e. Agricultural uses
f. Environmental preservation and protection standards
g. Annexation considerations
h. Timing of development and delivery of services
1. Timeframe for the agreement
J. Procedures for intergovernmental coordination
k. Other issues, as determined by the Parties
6. There may be a facilitated process associated with the development of
each JP A. The participating Affected Governments shall share the
expenses and resources needed for development of the JP A. The
recommended process shall include but not be limited to the following:
a. Before work begins on specifIc provisions, there shall be a
dialogue between governing bodies to identifY issues and ascertain
specifIc interests and policies. During these initial meeting(s), a
planning area shall be defIned and a common vision for the area
developed.
b. Support staff from the governing bodies shall jointly prepare and
analyze background information outlining existing and future
conditions in preparation for the dialogue described in Section 6a
above, and as needed to address issues and scenarios identifIed in
the dialogue or Section 5 above.
c. The governing bodies of the Affected Governments shall receive
input and review portions of the IP A as they are developed. Any
points of disagreement that cannot otherwise be resolved shall be
considered at joint meetings of the governing bodies.
d. It shall be the objective of these provisions that the affected local
governments reach consensus on a plan to address the issues as
outlined above, as applicable to their jurisdictions.
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After Motion by r 0\ I nrl'l I,UOmo.n 1?..hod.Q J\
vote on this Resolution was as follows:
Mayor Michael Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet E. Rhodes
Councilman Ted Cooper
J.~th
PASSED AND DULY ADOPTED this _~
ATTEST:
~QLU~
Bonnie A. Wenzel
_ "t-' City Clerk,
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For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
Legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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with Second byCcun~il WOI'Y1an &.m1r\ the
AYE
X
NAY
A~+
x
X
X
day of JLLJ'\€.-
,2009
DA
~~c.k)
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
~ewater at a meeting held on this/O day
o lLnl,. 2009 under Agenda item No.'2b.
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MODEL OUTLINE FOR SMART GROWTH
JOINT PLANNING AGREEMENT
This document is intended to provide an outline for smart growth JP As that the County and Cities
within V olusia County may choose to develop. These JP As would be one among several key
implementation tools of the county-wide smart growth effort currently being coordinated through the
V olusia Council of Governments.
The outline suggests l2P~0 be addressed, and in many cases provides menus of strategies for
addressing them. :JPJNrems following the heading "Potential Strategies" should be treated as a
menu of possibil~(les foOurisdictions to consider, not as recommended components of a smart
growth JPA. , ~
... ~
IT~ETH:
WHERE'x~1:lfe conservation of natural habitat for the diverse flora and fauna of Florida, and the
preservatio~Zf its open spaces used for agriculture and silviculture, are important principles of
regional planning and intergovernmental coordination within the County; and
:W~EREAS, the V olusia Smart Growth Implementation Committee's 2005 report recommended the
application of "Smart Growth" principles and outlined how they should be implemented in V olusia
County; and
WHEREAS, The Volusia Council of Governments has prepared a map (the Environmental Core
Overlay Map, hereafter the ECO Map) showing those lands most important for the conservation and
preservation of natural systems, and in unincorporated portions of which the County has affirmed
that the overall density or intensity of development allowed by the County comprehensive plan shall
not be increased; and
WHEREAS, each ofthe parties to this Agreement has substantially accepted the ECO Map and its
purposes as they affect its own planning and annexations and agrees that, notwithstanding any
municipal annexation oflands within the ECO, the comprehensive planes) ofthe parties should not
be amended to increase the overall density of development of the lands now included in the ECO
Map; and
WHEREAS, the Volusia Council of Governments expects to prepare a map of undeveloped lands
outside the ECO Map in which some annexation and plan amendment allowing increases in density
or intensity of development may be appropriate to accommodate future population growth, business
and employment growth, and public uses.
WHEREAS, the V olusia Council of Governments also expects to recognize an additional map,
identifying those incorporated and unincorporated lands already developed; and
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WHEREAS, it is a purpose ofthese Agreements to identify the conditions under which development
of lands outside the ECO Map, or other presently unincorporated lands will be planned for the
accommodation of such growth and uses, and to conserve the ECO Map lands; and
WHEREAS, it is a subsidiary purpose ofthis Agreement to promote intergovernmental coordination
and cooperation in the identification and provision oftimely, efficient and economical provision of
public services where appropriate; and
WHEREAS, the prior rec~ition by VCOG and its members ofthe substance ofthe ECO Map does
not const~tut~ prior ~~ion by these parties (other than the County) of Vol usia County's planning
goals, obJectIves#151~c~s,\?r future lan~ use map, as they may affect land here~ft.er annex.ed or
served by a partY!i&nd It IS"~~rpose of thIS Agreement to set forth a process for the Jomt planmng of
land to be annexed or serve~1Jarty; and
WHE~~S, the School Boara of V olusia County is a governmental body providing public services
bu}h'fving ~ land use planning or permitting authority, and the parties are required by law to
<;ons~H witIl.tfie School Board and to enter into intergovernmental agreements with the Board for the
futu~\~l~ing and funding of educational fa~ilities ~o. be concurrent ~i!~ the impacts of ?ew
develop~n~e~evel~pment, and for collocatIOn an? Jomt us~ of su~h. facIlItIes. where appropnate,
and such consultatIOn WIth the School Board shall be mcluded m the Jomt planmng process created
by this Agr'ment; and
WBBREAS, except as expressly agreed in this document or through the process it creates, each
parl'[cipating community is free to adopt such plans and policies as it may deem best to preserve its
history, culture and identity, but each will endeavor to consider and consult with its affected
jurisdictions regarding any inordinate costs or impacts of its land use or public services policies on
other affected jurisdictions;
NOW, THEREFORE, in consideration ofthese recitals and the mutual benefits to flow to each other
from ajoint planning process, the parties to this agreement hereby agree as follows:
ELEMENTS OF AGREEMENT I
I. Intent
A. It is the intent of the Parties that this Joint Planning Agreement is entered to meet the
objectives in the Smart Growth JP A Framework Resolutions adopted by these parties on
(date)
1 This document contains a number of potential strategies for addressing the interests identified by
the parties, but such lists are intended to be illustrative and not exclusive. Other strategies consistent
with the intent ofthis Agreement and the Smart Growth JP A Framework document may be proposed
by the parties or by private interests, and considered or adopted by a party.
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B. This document expresses consensus by the governing bodies regarding the development
of a joint land use and service plan for the areas of interest.
II. Area of Geographic Applicability
A. The Agreement addresses geographic areas of mutual interest and desired patterns of
development, public services and conservation within them. These areas are outlined in
the attached Map X.
III. Vision
A. [Thi ,ection s!1a\lcontain the vision jointly developed by the Parties for the geographic
areas of mutual'i~e~t addressed in the lP A. The vision may contain text and graphic
components.] )'
Potential Strategies
Include provisions for consideration of proposals consistent with the vision,
objectives and intent of this lP A, but not contemplated by the other sections
of the agreement.
IV. Issues Addressed
A. Land use and development patterns by which desirable changes in density or intensity
may be permitted or required.
Potential Strategies and Options
1. Direct increases in density or intensity ofland use to areas now provided with
urban services or to be so provided by this Agreement. Include transit
corridors, pedestrian and bicycle-friendly facilities as services to be provided.
2. Ensure that the allocation and distribution of densities is consistent with
overall density-neutrality within ECO, and with no school zones, school
capacity considerations, and other requirements of 9 206 School Planning,
V olusia County Charter.
3 Develop incentives for attaining, and disincentives for failure to attain,
minimum urban density or intensity for development or redevelopment in
specified areas now within a city, or within a joint planning area.
4. Develop incentives for mixed uses providing employment centers and
neighborhood commercial services within walking distance of residential
neighborhoods of sufficient density, and vice versa.
5. Develop incentives for location of residential development within walk-in
zones for existing or planned public schools.
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6.
7.
8.
9.
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Develop economically beneficial land uses, such as conservation leases for
limited terms, as alternatives to premature increases in density and intensity,
in areas not currently designated for public services or infrastructure.
Identify permanent greenbelts in the joint planning area consisting of
agricultural, forestry, flood plain, ECO map lands, and other similar areas
and provide economic alternatives to development under existing
enftlements.
.,.. ~velop disincentives for increases in density or intensity for permanent
greenbelt areas.
P~~' civic uses including, but not limited to, education, libraries,
recreat,m, plaza, parks, and theaters. Use desIgn and placement of publIc
and civic buildings to promote sense of place and multiple uses.
Consider all options for the encouragement of private investment In
development that best serves the public interest.
1. Use this agreement to establish joint exercise of planning jurisdiction as
authorized in S 163.3171, FLA. STAT.
B. Design standards and permitting processes.
Potential Strategies
1. Jointly establish, through design and development guidelines and public
construction, a sense of place reflective of the character, identity and vision
of each community.
C. Preserve Agricultural Uses (if appropriate to the community)
Potential Strategies
1. Where appropriate, encourage the sustainable availabilitv of Stabilize the
agricultural land and water for agriculture-base using strategies including but
not limited to: incentive programs (including Transfer of Development
Rights programs and funding for conservation easements over agriculturally
productive areastagriculture preservation zoning, and appropriate growth
management policies.
2. Reduce conflicts between agriculture and other land uses by using strategies
including but not limited to; use of conservation subdivisions to transition
between agriculture and more intense uses; buffer requirements for
development adjacent to agriculture; and right-to-farm ordinances.
3. Support the economics of farming by allowing, supporting, or removing
barriers to, traditional agricultural operations, including markets, processing,
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packing and distribution infrastructure, and by allowing other compatible
uses that can create additional revenue for working agriculture.
4. Increase implementation of onsite conservation practices through strategies
including but not limited to providing support for best management practices.
D. Preserve environmentally sensitive land and natural resources
'I>;rotect ECO map lands, using a range of strategies such as: ensuring overall
,,,,,
d~~Ut neutrality; retirement of development rights through purchase;
c:eati~~entives for conservation easements and transfer of development
rIghts pI;ograms.
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Identify permanent greenbelts in the form of forestry, flood plain, ECO map
lands, and other similar areas and provide economic alternatives to
development under existing entitlements.
Direct acquisition activities to the most valuable environmentally sensitive
lands.
E. Transportation considerations, including but not limited to the provision of roads, bicycle
and pedestrian standards, and transit.
Potential Strategies
1. Use this agreement as a primary means of achieving regionally the reduction
of vehicular trip miles, greenhouse gas reductions and energy efficient land
use patterns required in House Bill 697 (2008) for all local government
comprehensive plans.
2. Thoroughfares should not harm existing neighborhoods and commercial
districts. Other transportation corridors should be bike and pedestrian-safe
and friendly.
3. Encourage and promote alternative transportation, multi-modal corridors, and
multi-use trails.
4. Where smart growth densities and intensities and a corresponding reduction
of vehicular miles are attained by a community, the planning and provision of
regional transportation to and through such a community should be shared,
by coordinating the resources of the County and cooperating cities. This
coordination of resources should extend, where appropriate, to the sharing of
fair share payments made by developers.
5. Provide for and fund coordinated levels of service.
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6. Jointly identify planned or potential transit corridors and jointly establish
provisions for transit friendly development or redevelopment patterns.
6. Protect rural roads from decline in level of service.
F. Utility considerations, including water, sewer, reclaimed water, solid waste, stormwater
and drainage.
'ebnsider the costs and benefits of equitably sharing resources, capital costs
'd" . h
an ~~s as appropnate to t e areas.
Consider regionalization of facilities.
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Include a process for transfer/transition of services, infrastructure and
compensation between participating governments.
Provide for no impairment of regulated public utility franchises or service
areas.
G. Public safety services, including law enforcement, code enforcement, fire, and EMS.
Potential Strategies
1. Effective first response agreements.
2. Provision of services by the most efficient provider.
3. Provisions for joint use, where applicable.
H. Annexation considerations
Potential Strategies
1. Identify municipal service areas by plan amendment, preparatory to future
annexation.
2. Jointly plan service boundaries established under Chapter 180.
3. Include the elements of a qualified interlocal service boundary agreement
under Chapter 171, Part II, Florida Statutes. including authority to annex
enclaves and temporarily noncontiguous territory.
I. Timing of development and delivery of services.
Potential Strategies
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1.
Establish municipal/unincorporated present servIce areas by interlocal
agreement, to include:
· Provision for joint use facilities and collocation of services.
· Public safety
· Fire & EMS
· Water/wastewater
Stormwater
Reclaimed water
::.~ ~oad ownership and maintenance
.,~arks and recreation
Proviae f& most efficient aggregate deployment of local government
. V. . f
servIces, irrespectIve 0 government.
2.
Consider separation of wholesale/retail prOVlSlon of utilities and other
servIces.
Equalize economic benefits irrespective of jurisdictional boundaries.
V. Implementation and Decision-Making Under this Agreement
A. Each party will amend intergovernmental coordination and other applicable elements of
its comprehensive plan to reflect this lP A.
Potential Strategies
1. Include processes for the governing bodies of the county and affected
municipalities to jointly make land use decisions. Include consideration of
the effect of such processes on existing county minimum standards, and the
role ofVGMC.
VI. Provisions for renegotiation and dispute resolution
A. Parties negotiating an interlocal service boundary agreement shall follow the process
established in 9 171.203, FLA. STAT. The parties may establish an alternate dispute
resolution process as authorized in 9 164.1041, or follow the process in that statute.
VII. Term of Agreement
A. Ten years with periodic review.
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