2017-R-01 - Farmton Annexation JPA RESOLUTION NO.2017-R-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, RESOLUTION FOR
APPROVAL AND EXECUTION OF THE JOINT
PLANNING AGREEMENT BETWEEN THE CITY OF
EDGEWATER AND THE COUNTY OF VOLUSIA
RELATING TO THE ANNEXATION OF LAND LOCATED
WITHIN THE FARMTON GATEWAY DISTRICT;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater and the County of Volusia intend to enter into a Joint
Planning Agreement relating to the annexation of land located within the Farmton Gateway
District; and
WHEREAS, on March 29, 2012, the County Council adopted Ordinance No. 2009-34
adding the Farmton Local Plan to the County Comprehensive Plan; and
WHEREAS, the City and the County agree that this Agreement fulfills the annexation
prerequisite required by City Resolution No. 2014-R-21 adopted on September 8, 2014; and
WHEREAS, on September 9, 2014, the County Council adopted Resolution No. 2014-
128 approving the Fannton Master Development of Regional Impact (MDRI) Development
Order pursuant to Section 380.06, Florida Statutes, and recorded in the Volusia County Official
Records at Book 7050,Page 4436; and
WHEREAS, the Farmton MDRI Development Order requires that prior to annexation of
any property in the Farmton Gateway District into the City of Edgewater, the County must either
adopt an Incremental Development Order pursuant to an Application for Incremental
Development Approval for the Farmton Gateway District, or enter into a joint planning
agreement with the City consistent with the Farmton MDRI Development Order;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA, AS FOLLOWS:
2017-R-01
Section 1. The City Council hereby approves entering into the Joint Planning Agreement
and authorizes the Mayor to execute the agreement relating to the annexation of land located
within the Farmton Gateway District (which is attached hereto and incorporated herein as
Exhibit"A").
Section 2. All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 3. If any portion of this resolution is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this
resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any
person, or property, or circumstances, such holding shall not affect its applicability to any other
person, property, or circumstance.
Section 4. This resolution shall take effect immediately upon adoption.
After Motion to approve by Councilman Blazi and Second by Councilwoman Power, the
vote on this resolution was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
2017-R-01
PASSED AND DULY ADOPTED this 1 day offp--11_, ,,,,_4(1 , 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Bti.: . .- '
Cy C�
Robin L. Matusick Michael Ignasiak
City Clerk Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and legality Edgewater at a meeting held on this day
by: of � 2017under Agenda Item
Aaron R.Wolfe,Esquire No. Ac
City Attorney
Doran Sims Wolfe&Ciocchetti
2017-R-01
EXHIBIT "A"
JOINT PLANNING AGREEMENT
BETWEEN THE CITY OF EDGEWATER AND
THE COUNTY OF VOLUSIA
THIS JOINT PLANNING AGREEMENT (Agreement) is made and entered into by and
between the City of Edgewater, a Florida municipal corporation (City), and the County of
Volusia, a political subdivision of the State of Florida (County). The City and the County may
be referred to as Party, individually, or as Parties, collectively.
RECITALS
WHEREAS, the City possesses Municipal Home Rule Powers pursuant to Article VIII,
Section 2(b), Florida Constitution, Section 166.021, Florida Statutes, and Section 1.02 of the
City of Edgewater Charter; and
WHEREAS, the County possesses powers of self-government and home rule as provided
by the Volusia County Charter and Chapter 125, Part II, Florida Statutes; and
WHEREAS, Section 163.01, Florida Statues, encourages and empowers local
governments to cooperate with one another on matters of mutual interest and advantage, and
provides for interlocal agreements between local governments regarding services and facilities;
and
WHEREAS, Section 163.3177(6)(h), Florida Statutes, requires that cities and counties
include in their respective planning efforts intergovernmental coordination and particularly,
mechanisms for identifying and implementing joint planning areas; and
WHEREAS, Section 163.3177(6)(h), Florida Statutes, recognizes the use of joint
planning agreements as a means of coordinating the comprehensive plan of a local government
providing services, but not having regulatory authority over the use of land, with the
comprehensive plan of an adjacent county; and
WHEREAS, Section 163.3171, Florida Statutes, provides that cities and counties may
jointly exercise comprehensive planning powers by joint agreement, adopted pursuant to Section
163.01, Florida Statutes; and
WHEREAS, on March 29, 2012, the County Council adopted Ordinance No. 2009-34
adding the Farmton Local Plan to the County Comprehensive Plan; and
WHEREAS, on September 9, 2014, the County Council adopted Resolution No. 2014-
128 approving the Farmton Master Development of Regional Impact (MDRI) Development
Order pursuant to Section 380.06, Florida Statutes, and recorded in the Volusia County Official
Records at Book 7050, Page 4436;and
WHEREAS, the Farmton MDRI Development Order requires that prior to annexation of
any property in the Farmton Gateway District into the City of Edgewater, the County must either
adopt an Incremental Development Order pursuant to an Application for Incremental
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Development Approval for the Farmton Gateway District, or enter into a joint planning
agreement with the City consistent with the Farmton MDRI Development Order; and
WHEREAS, the City and the County have elected to enter into a joint planning
agreement consistent with the Farmton MDRI Development Order for lands annexed into the
City within the Farmton Gateway District as described in the Farmton Local Plan, as adopted in
the County Comprehensive Plan; and
WHEREAS, the City and the County agree that this Agreement fulfills the annexation
prerequisite required by City Resolution No. 2014-R-21; and
WHEREAS, the City and the County find that the benefits of intergovernmental
communication and coordination created by this Agreement will accrue to both Parties and that
the joint planning efforts identified in this Agreement are a material inducement for entering into
this Agreement; and
WHEREAS, this Agreement is entered into pursuant to the authority of Article VIII of
the Florida Constitution and Chapters 125, 163, and 166, Florida Statutes.
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 as follows:
1. Incorporation of Recitals. The recitals above are true and correct and incorporated into
this Agreement as if fully set forth herein.
2. Joint Planning Area.
a. The land area subject to this Agreement is the Farmton Gateway District, as
described in the Farmton Local Plan, as adopted in the County Comprehensive
Plan.
b. This Agreement applies to the Farmton Gateway District only. No other
unincorporated land area within the Farmton DRI shall be annexed into the City
unless the City adopts the Farmton MDRI Development Order and Farmton Local
Plan, both as adopted by the County, or the City and the County enter into an
additional joint planning agreement for the proposed annexation area.
3. Planning Process and Implementation.
a. Upon annexation, the City shall incorporate the County future land use
designation for the annexation area into its Future Land Use Map.
b. The City may choose to adopt a City future land use designation and zoning
classification for the annexation area if the City adopts the Farmton MDRI
Development Order and the Farmton Local Plan, both as adopted by the County,
and such designations are consistent with the Farmton MDRI Development Order
and the Farmton Local Plan, both as adopted by the County. If the City complies
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with this subsection, then subsections c and d below do not apply. Subsection e
shall apply throughout the term of this Agreement.
c. Unless the City adopts the Farmton MDRI Development Order and the Farmton
Local Plan, both as adopted by the County, and assigns a City future land use
designation and zoning classification to the annexation area, the County
comprehensive plan, zoning, and land development regulations shall apply within
the annexation area.
d. The City shall have the following responsibilities related to any future
development of lands annexed subject to this Agreement:
(1) Interpretation of the County Comprehensive Plan, and the Zoning Code
and Land Development Code within the County of Volusia Code of
Ordinances. A property owner may appeal the City's interpretation of the
County's plans and codes to the County's Zoning Administrator. Appeals
of any determination made by the County's Zoning Administrator shall be
heard by the County Council, as required by the County of Volusia Code
of Ordinances.
(2) Site development permit processes including application intake, plans
review, permit issuance, inspection and code enforcement.
(3) Building permit processes including application intake, plans review,
permit issuance, inspection and code enforcement.
e. Notwithstanding the foregoing, the County retains final approval for development
densities and intensities within the Farmton Gateway District regardless of
jurisdiction. Each development proposal must obtain the County's written
determination of compliance with the Farmton Local Plan of the proposed
densities or intensities prior to issuance of any development order related thereto.
(1) Upon receipt of a development proposal, the City shall forward any
associated plans and a written description of the proposal, including but
not limited to, location, density or intensity, timing and phasing to the
County Growth and Resource Management Department for determination
of compliance.
(2) Upon receipt of said plans and description, the County shall review and
provide a written determination of compliance with the Farmton MDRI
Development Order and the Farmton Local Plan related specifically to the
density and intensity provisions contained therein, to the City within thirty
(30) working days. Said determination shall include the County's
approval, conditions of approval, or denial of the proposed densities or
intensities.
(3) The City may appeal the County's determination to the Volusia Growth
Management Commission through its intergovernmental coordination
process.
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(4) Pursuant to Policy 3.4 of the Farmton Local Plan, the residential density in
the Farmton Gateway District shall not exceed 2,287 units, and the non-
residential intensity shall not exceed 820,217 square feet. The residential
density may be increased up to 4,692 units if the school district issues a
finding of school adequacy.
4. Conflict and Control. To the extent this Agreement conflicts with any other Agreements
between the City and the County adopted prior to execution of this Agreement, the terms
of this Agreement shall control.
5. Term of Agreement. The term of this Agreement shall be the term of the Farmton MDRI
Development Order recorded in the Volusia County Official Records at Book 7050, Page
4436, including any future extensions thereof.
6. Dispute Resolution. In addition to the appeal options in section 3 above, the City and
County agree to resolve any dispute related to the interpretation or performance of this
Agreement in the manner described in this section. Either Party may initiate the dispute
resolution process by providing written notice to the other Party. Initiation of the dispute
resolution process shall operate as a stay of the action which is the subject of the dispute.
a. Notwithstanding the foregoing, in the event that either Party determines in its sole
discretion and good faith that it is necessary to file a lawsuit or other formal
challenge in order to meet a jurisdictional time deadline, to obtain a temporary
injunction, or otherwise to preserve a legal or equitable right related to this
Agreement, such lawsuit or challenge may be filed, but upon the filing and any
other act necessary to preserve the legal or equitable right or to obtain the
temporary injunction, the Parties shall thereafter promptly file a joint motion with
the reviewing court or administrative law judge requesting that the case be abated
in order to afford the Parties an opportunity to pursue the dispute resolution
procedures set forth herein. If the abatement is granted, the Parties shall revert to
and pursue the dispute resolution procedures set forth herein.
b. Within ten (10) days of the abatement order, the allegedly aggrieved Party shall
then effect the transmittal of a notice of conflict, in the form of a certified letter, to
all governmental bodies involved in the dispute at issue. Upon receipt of the
notice, which shall specify the areas of disagreement, the Parties agree to conduct
a conflict assessment meeting at a reasonable time and place, as mutually agreed
upon, within thirty (30) days of receipt of the notice of conflict.
c. If discussions between the Parties at the conflict assessment meeting fail to
resolve the dispute, within forty (40) days of the receipt of the notice of conflict,
the Parties shall conduct mediation in the presence of a neutral third party
mediator. If the Parties are unable to agree upon a mediator, the County shall
request appointment of a mediator by the Chief Judge of the Circuit Court of
Volusia County, Florida. The mediation contemplated by this section is intended
to be an informal and non-adversarial process with the objective of helping the
Parties reach a mutually acceptable and voluntary agreement. The decision
making shall rest solely with the Parties. The mediator shall assist the Parties in
2017-R-01
identifying issues, fostering joint problem solving and exploring settlement
alternatives.
d. If the Parties are unable to reach a mediated settlement, within fifty (50) days of
the receipt of the notice of conflict, the Parties shall hold a joint
intergovernmental meeting. If the joint intergovernmental meeting does not
successfully resolve the issues identified in the notice of conflict, the entities
participating in the dispute resolution procedures described herein may avail
themselves of any otherwise available rights, including the suspension of
abatement of existing actions.
7. Notice. All notices, consents, approvals, waivers, and elections that either Party requests
or gives under this Agreement shall be in writing and shall be provided by certified mail,
return receipt requested, or by hand delivery for which a receipt is obtained.Notices shall
be mailed or delivered to the addresses set forth below or as either Party may otherwise
designate in writing. Notices, consents, approvals, waivers, and elections shall be deemed
given when received by the Party for whom intended.
If to the County: County of Volusia
Attn: County Manager
Copy to: County Attorney
123 West Indiana Avenue
DeLand, FL 32720
If to the City: City of Edgewater
Attn: City Manager
Copy to: City Attorney
104 North Riverside Drive
Edgewater, FL 32132
8. Sole Benefit. This Agreement is solely for the benefit of the City and County, and no
right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any
third party. Nothing in this Agreement, either expressed or implied, is intended or shall
be construed to confer upon or give any person, corporation or governmental entity other
than the Parties any right, remedy or claim under or by reason of this Agreement or any
provisions or conditions hereof, and all of the provisions, representations, covenants, and
conditions herein contained shall inure to the sole benefit of and shall be binding upon
the Parties and their respective representatives, successors and assigns.
9. Authority. The City and County each represent and warrant to the other its respective
authority to enter into this Agreement and acknowledge the validity and enforceability of
this Agreement. The City and County hereby represent, warrant and covenant that this
Agreement constitutes a legal, valid and binding contract enforceable by the Parties in
accordance with its terms, and that the enforceability hereof is not subject to any
impairment by the applicability of any public policy or police powers.
2017-R-01
10. Enforcement. This Agreement shall be enforceable by the Parties hereto by whatever
remedies are available in law or equity, including, but not limited to, injunctive relief and
specific performance. Failure to insist upon strict compliance with any of the terms,
covenants, or conditions hereof shall not be deemed as a waiver(or continuing waiver) of
such terms, covenants, or conditions; nor shall any waiver or relinquishment of any right
or power hereunder be deemed to be a waiver or relinquishment of such right or power at
any other time.
11. Defense. If this Agreement or any portion hereof is challenged by any judicial,
administrative, or appellate proceeding (each Party hereby agreeing with the other not to
initiate or acquiesce to such challenge or not to appeal any decision invalidating any
portion of this Agreement), the Parties collectively and individually agree, at their
individual sole cost and expense, to defend in good faith its validity through to a final
judicial determination, unless both Parties mutually agree in writing not to defend such
challenge or not to appeal any decision invalidating any portion of this Agreement.
12. Amendments. Amendments to this Agreement may be offered by either Party at any
time. Proposed amendments shall be in writing and must be approved by a majority of the
governing bodies of each Party. No amendment shall be effective until approved by the
governing bodies of the City and County.
13. Supremacy. The Parties agree and covenant, having given and received valuable
consideration for the promises and commitments made herein, it is their desire, intent and
firm agreement to be bound by and observe the terms of this Agreement. Except as
otherwise provided by this Agreement or by law, in the event the terms of this Agreement
conflict with previous agreements between the Parties, the terms of this Agreement shall
control.
14. Entire Understanding. Except as otherwise specifically set forth herein or in any future
subagreement, this Agreement embodies and constitutes the entire understanding of the
Parties with respect to the subject matters addressed herein, and all prior agreements,
understandings, representations and statements, oral or written, are superseded by this
Agreement. The City and County further acknowledge that they each participated in
drafting this Agreement, and in the event of a dispute regarding this Agreement, it shall
not be construed by a court of competent jurisdiction or other tribunal more or less
favorably on behalf of either Party on the basis of a claim that a Party did not participate
in drafting this Agreement or any part thereof.
15. Governing Law and Venue. The laws of the State of Florida shall govern this
Agreement, and venue for any action to enforce the provisions of this Agreement shall
only be in the Circuit Court of Volusia County, Florida. Federal Jurisdiction and venue, if
applicable shall only be in the Middle District of Florida, Orlando Division. If
circumstances arise which cause a conflict between this section and section 6 (Dispute
Resolution), section 6 shall control.
16. Severability. Any term or provision of this Agreement that is invalid or unenforceable in
any circumstance in any jurisdiction shall not affect the validity or enforceability of the
remaining terms and provision hereof or the validity or enforceability of the offending
term or provision in any other circumstance or in any other jurisdiction.
2017-R-01
17. Effective Date. The Effective Date of this Agreement shall be the latest date of signature
listed below.
IN WITNESS WHEREOF, each of the undersigned has executed this Agreement on
behalf of the respective Party set forth below pursuant to the authority granted to each of the
undersigned in the action by which each Party approved and adopted this Agreement.
COUNTY OF VOLUSIA
By:
Ed Kelley, County Chair
Attest:
James T. Dinneen, County Manager
DATE:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this day of
, 2017, by Ed Kelley and James T. Dinneen, as County Chair and County
Manager, respectively, on behalf of the County of Volusia, who acknowledge that they are duly
authorized to execute the foregoing Agreement on behalf of the County. They are [_] personally
known to me, or [_] have produced as identification.
NOTARY PUBLIC
Type or print name:
Commission No.:
2017-R-01
CITY OF EDGEWATER
By: �1�
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Michael Ignasiak,
Attest: ,
racey arlow, City Manager
DATE: ath.0
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this /t!. day of
, 2017, by Michael Ignasiak and Tracey Barlow, as Mayor and City
Mager, respelely, on behalf of the City of Edgewater, who acknowledge that they are duly
authorized to execute the foregoing Agreement on behalf of the City. They are"[„ ] personally
known to me, or [_] have produced as identification.
OTARY PUBLIf ° �b0&yy
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ILW GE% ATER
January 18, 2017
Clay Ervin,AICP,Director
Growth&Resource Management Department
123 West Indiana Avenue,Room#200
DeLand, FL 32720-4604
Re: City of Edgewater-
Resolution#2017-R-01 & JPA -Farmton Gateway District
Dear Mr. Ervin:
This will confirm that during the City Council meeting held on January 9, 2017 Council
approved the above-referenced Resolution and Joint Planning Agreement (JAP) relating to the
annexation of land located within the Farmton Gateway District.
Enclosed please find a certified copy of Resolution #2017-R-01 along with two (2) originals of
the JPA that have been executed by the City. Once the County executes, please forward one (1)
fully executed JPA to my office at the location listed below.
Do not hesitate to contact myself, Jordan Church or Tonya Vanek at the number listed below if
you have any questions regarding same.
Sincerely,
gait/.e.. JiatimIck
Robin L. Matusick
City Clerk/Paralegal
rmatusick@cityofedgewater.org
!rlm
Enclosures
Copy to: Finance (copy on laserfiche)
Development Services (copy on laserfiche)
Glenn D. Storch, Esquire (via email)
d
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400,Option#1&Ext. 1102•Fax(386)424-2410
www.cityofedgewater.orq
(Letter/Lir-2017-007)
`TORCH
LAW FIRM
GLENN D.STORCH,ESQUIRE COREY D.BROWN,ESQUIRE
glen@storchlawfirm.com corey@storchlo6rm.com
November 5,2018
A.JOSEPH POSEY,ESQUIRE
Mr. Palmer Panton,Director joey@storchlawfirm.com
Planning and Development Services
County of Volusia
123 West Indiana Avenue
DeLand, Florida 32720
Re: Biennial Report for Farmton Master Development of Regional Impact
Dear Palmer:
Enclosed please find the Biennial Report for the Farmton Master Development of
Regional Impact for YR 2016 through YR 2018.This report is being submitted in accordance with
Resolution No. 2014-128.I have enclosed information to address the conditions in the Resolution.
No development has occurred since the approval of the MDRI and the property continues to be
used for agricultural purposes.
Please let me lmow if you have any questions or comments.
7GIen7nD. torch
GDS/ajp
Enclosure
cc: Volusia County Council
City of Deltom
City of Edgewater
Cityof Oak Hill
City of New Smyrna Beach
County of Brevard
East Central Florida Regional Planning Council
Florida Department of Economic Opportunity
Florida Department of Transportation
Florida Fish and Wildlife Conservation Commission
Volusia Growth Management Commission
420 South Nova Road.Daytona Beach,Florida 32114
(386)238-8383•(386)238-0988(fax)
Website:w cstorchlewfrra corn
BIENNIAL
STATUSREPORT
Reporting Period: September 4, 2016 through September 4,2018
Development: Farmton Master DRI(Volusia)
Location: Unincorporated Volusia County
Develocer: Miami Corporation
Address: 410 North Michigan Avenue
Chicago, IL 60611
1. Describe any changes made in the proposed plan of development, phasing, or in the
representations contained in the Application for Development of Regional Impact received
approval. Note any actions (substantial deviation determinations) taken by local
government to address these changes.
R_esponse: No changes have been proposed for the development, phasing, or in the
representations contained in the Farmton Master DR]. The property continues to be used
for agricultural purposes.
a Describe changes in the plan of development or phasing for the reporting year and
for the subsequent years; _
Response: No changes have been made in the plan of development or phasing for
the Farmton Master DRI.
b. State any known incremental DRI applications for development approval or
requests for a substantial deviation determination that were filed in the reporting
year and to be filed during the next year;
Response: There are no incremental applications as of the date of this letter.
However, an incremental DRI pre-application conference was held January 26,
2018 for the Farmton eastern Gateway District. The Fannon eastern Gateway
District is an approximately 280-acre tract located at the northern end of the
Farmton Local Plan near State Road 442 and Interstate-95.
C. Attach a copy of any notice of the adoption of a development order or the
subsequent modification of any adopted development order that was recorded by
the developer pursuant to Paragraph 380.06(15)(f), F.S.
Response: There are no incremental development order or modifications for the
Farmton Master DRI.