Okaloosa County BOCC — November 15, 2016 — Interjurisdiction Development Review Memorandum of Understanding — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 15, 2016 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Interjurisdiction Development Review Memorandum of Understanding DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests Board approval of a Memorandum of Understanding between the County and the Town of Shalimar to coordinate certain development activities. BACKGROUND: At the request of the Okaloosa League of Cities, the Board of County Commissioners authorized staff to work with representatives from the municipalities to develop a Memorandum of Understanding through which the County and municipalities could coordinate their respective reviews of development proposals. Accordingly, staff drafted the necessary memorandum with the assistance of the County Attorney and input from the municipalities which was approved by the Board of County Commissioners for distribution to the cities in June of 2015. The Town of Shalimar has approved the memorandum which must now be signed in order for it to go into effect between the Town and County. If approved by the Board, the memorandum requires that the Town and County notify each other whenever a development proposal has been received which meets or exceeds the following thresholds as provided in Section 2 of the Agreement: A. Development whose proposed land uses will generate an additional (new) 500 annual average daily trips (AADTs) according to the most recent edition of the Trip Generation Manual, promulgated by the Institute of Transportation Engineers (ITE), or the adopted trip generation methodology of the jurisdictional local government's Land Development Code. B. Tall structures proposed to exceed 75 feet in height above natural grade, including all towers (water tanks, and telecommunications). C. Proposed development which will connect to utility services (potable water, sanitary sewer or storm water management) provided by other jurisdictions. D. Any proposed new construction or alterations to any roadways in order to accommodate proposed development, including medians and driveway/curb cuts, where the affected roadway(s) also enters one of the other affected jurisdictions and the new construction or roadway alterations are within one- half (1/2) mile of the jurisdiction. County staff has no objection to coordinating development review with the Town of Shalimar. It should be noted that the memorandum does not create a situation in which a participating jurisdiction must enforce another participating jurisdiction’s requirements. This is clearly stated in Section 6.A. as follows:  A. It is understood and agreed by all parties signatory hereto that the review and approval of a proposed development will be governed by the rules and regulations of the community within whose jurisdiction the proposed development project occurs, and that comments received from a responding community shall not be construed to overrule, waive, or in any way modify the rules and regulations of the community within whose jurisdiction the proposed development project occurs. The intent of the memorandum is to enhance communication between the participating parties to allow better coordination of infrastructure and improvements, and, to the extent practicable, ensure that development occurs in as mutually agreeable a manner as possible between jurisdictions which may have differing approval standards. OPTIONS: Approve or reject the proposed Memorandum of Understanding between the Town of Shalimar and Okaloosa County regarding development review. RECOMMENDATIONS: Staff recommends that the Board approve and authorize the Chairman to sign the attached Memorandum of Agreement with the Town of Shalimar. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator