Article XXXVII. PLANNING SERVICES SERVICE DELIVERY SUB-AGREEMENT  

This Planning Services Delivery Agreement (the "Agreement") is made and entered into this 22 day of September, 2009, by and between the City of Center Hill ("City") and Sumter County ("County").

WHEREAS, the City possesses Municipal Home Rule Powers pursuant to Article VIII, Section 2(b), Florida Constitution and Section 166.021, Florida Statutes; and

WHEREAS, the County possesses powers of self government as provided by general or special law, so long as such acts are in the common interest of the people of the County, said powers being held and exercised pursuant to Article VIII, Section 1(f), Florida Constitution and Section 125.01, Florida Statutes: and

WHEREAS, The County and City each provide planning, zoning, and development review services within their respective jurisdictions. This independent approach to planning, zoning, and development review services often leads to inefficient and uncoordinated development. Currently, coordination of planning, zoning, and development review issues occur in an informal manner.

WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida Statutes, encourages and empowers local government to cooperate with one another on matters of mutual interest and advantage, and provides for interlocal agreements between local governments on matters such as joint planning; and

WHEREAS, the Municipal Annexation or Contraction Act, Chapter 171, Part I, Florida Statutes, and the Interlocal Service Boundary Agreement Act, Chapter 171, Part II, Florida Statutes, recognizes the use of interlocal service boundary agreements and joint planning agreements as a means to coordinate future land use, public facilities and services, and protection of natural resources; and

WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, requires that counties and City include in their respective planning efforts intergovernmental coordination and particularly, mechanisms for identifying and implementing joint planning areas; and

WHEREAS, the State Comprehensive Plan requires local governments to direct development to those areas which have in place the land and water resources, fiscal abilities and service capacity to accommodate growth in an environmentally acceptable manner; 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 new facilities in a timely, orderly, and efficient manner; and

WHEREAS, the City and the County wish to identify lands that are logical candidates for urbanized development, the appropriate land uses and infrastructure needs and provider for such lands, ensure protection of natural resources, and to establish a unified countywide planning organization; and

WHEREAS, the extension of the City and County facilities and services are most efficiently provided if the process and timing of long range planning and development review processes for the City and County are clearly identified and part of a unified countywide planning organization in advance of the City and County capital planning, commitment, and expenditure.

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 that a coordinated and unified approach to planning, zoning, and development review will result in development patterns that protect and promote the health and welfare of all of the citizens of Sumter County and agree that a need exists to change said service delivery arrangements in the following manner:

1.

Planning Service Delivery.

a.

The County shall serve as the single, unified point of service for planning, zoning, and development review issues throughout unincorporated Sumter County including the City. This service shall be known for purposes of this Agreement as the "Unified Sumter County Planning Service". The Unified Sumter County Planning Service will provide staff support and recommendations to the City's planning or zoning review authority and governing body. The City's governing body shall retain independent approval of planning, zoning, and development review issues as provided by local ordinance and State law.

b.

The Unified Sumter County Planning Service will function and be funded as a Sub-division under Sumter County Board of County Commissioners.

c.

As needed, certain qualified staff members of City currently responsible for planning, zoning, and development review functions shall be provided the opportunity by the County to become employees of the Unified Sumter County Planning Service. However, the County is not obligated to employ or compensate every staff member of the City whose employment status is affected by the implementation of this Agreement.

d.

The County shall be responsible for funding of the staff and operational costs of the Unified Sumter County Planning Service.

e.

The County and City shall be independently responsible for costs related to studies for Community Redevelopment Agencies (CRA) or other special districts. If the parties hereto mutually determine that the cost of these studies must be shared amongst the affected jurisdictions, then a separate joint funding agreement is required to be approved by the governing boards of the participating jurisdictions.

2.

Unified County-City Comprehensive Plan. The County and City agree to prepare and adopt a unified Sumter County Comprehensive Plan, consistent with Chapter 163, Part II, Florida Statutes. This unified Sumter County Comprehensive Plan shall serve as the comprehensive plan required for each jurisdiction pursuant to Chapter 163, Part II, Florida Statutes. Preparation and adoption of the unified Sumter County Comprehensive Plan shall occur as part of the Evaluation and Appraisal Report (EAR) process (Section 163.3191, Florida Statutes) for Sumter County. Sumter County's EAR is due to the Florida Department of Community Affairs by January 1, 2010, and the related amendments to the Comprehensive Plan by February 2011.

3.

Municipal Service Area.

a.

The Municipal Service Area (MSA) is defined as the area outside of the City's boundary that constitutes a logical area for urbanized development and serves as the Joint Planning Area (JPA), as more specifically defined in Section 171.202(11) and Section 163.3171, Florida Statutes;

b.

The City shall demonstrate that public services are readily available or planned to be provided within a reasonable timeframe within the MSA;

c.

Consistent with Section 171.203(11) and Section 163.3171, Florida Statutes, the County and City shall, at their earliest convenience, incorporate the boundaries of the MSA into the Future Land Use Maps of their respective Comprehensive Plans or of the Unified Comprehensive Plan, if the Unified Comprehensive Plan is adopted;

d.

The County and City shall transmit their respective Comprehensive Plan amendments as soon as possible to assure compliance with any applicable requirement of Chapters 163 and 171, Florida Statutes. The City and County further agree that if approval of the Comprehensive Plan amendments by the Florida Department of Community Affairs exceeds any applicable time frames required by Statute for such approval, that this Agreement will remain in full force and effect and the Parties will continue to work together to seek approval of the required amendments; and

e.

The MSA is shown on Map 1.

4.

Global Changes to MSA Boundary. Global changes to the MSA boundary shall be by amendment to the Comprehensive Plans of the County and City or Unified Comprehensive Plan, if the Unified Comprehensive Plan is adopted, and shall, not be effective unless jointly approved by both the County and City or determined through dispute resolution.

5.

Future Land Use Pattern.

a.

The City and County agree to the generalized future land use pattern for the MSA shown on Map 2. The City and County shall amend their respective Comprehensive Plan's or Unified Comprehensive Plan, if the Unified Comprehensive Plan is adopted, future land use maps to reflect the agreed future land use pattern. The County shall prepare the required amendments for the City and County through the Unified Sumter County Planning Service. If the Florida Department of Community Affairs fails to approve the amendments, this Agreement will remain in full force and effect and the Parties will continue to work together to determine the proper future land uses and obtain approval by the Florida Department of Community Affairs.

b.

The County and City agree to utilize the results of the County's 2008 countywide visioning process to provide a general framework for development of the generalized future land use pattern.

6.

Annexation within the MSA. Within the MSA, the City may annex property that is not contiguous, creates enclaves, or creates pockets with the understanding that the property proposed for annexation must meet the following criteria:

a.

Consistent with the prerequisites to annexation and consent requirements for annexation in Section 171.204 and Section 171.205, Florida Statutes;

b.

Utilities are available or scheduled to be provided to the property within five (5) years;

c.

A road directly impacted by the annexation, meaning such road directly abuts the property or otherwise provides significant service to the property, meets concurrency or concurrency deficiencies are mitigated through a binding agreement;

d.

All other municipal services are available to the site; and

e.

City has adopted the MSA as part of its Comprehensive Plan, as required by Section 171.203(11), Florida Statutes.

7.

Minor Amendments to MSA Boundary. The MSA may be expanded to include one specific property for annexation following joint approval by the City and County. Approval shall not be unreasonable withheld if the property meets the criteria for annexation within the MSA and there is no increase in density or intensity of development. If there is an impasse, the City and County will resolve through the dispute resolution process.

8.

Determination of Properties Partially in the MSA.

a.

If at least 50% of the area of the property proposed to be annexed is within the MSA, then the property shall be treated as if it were all within the MSA for purposes of this Agreement;

b.

If less than 50% of the area of the property to be annexed is within the MSA, then it shall be treated as outside the MSA for purposes of this Agreement; and

c.

The above provisions shall not be construed so that a property owner could not choose to annex a portion of a property inside the MSA.

(Ord. No. 2009-19, § 1(Att.), 9-22-09)