Okaloosa County BOCC — June 16, 2015 — Interjurisdictional Development Review Memorandum of Understanding - Draft for Dec 2014 LMS - Comp Plan committee Meeting — reading text

MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the “MOU”) is made and entered into this ___ day of __________, 2015, by and between Okaloosa County, City of Laurel Hill, City of Crestview, City of Niceville, City of Valparaiso, Town of Cinco Bayou, Town of Shalimar, City of Ft. Walton Beach, City of Mary Esther, City of Destin, Okaloosa County School Board, Eglin Air Force Base, and Hurlburt Field (collectively the “Parties”) for the purpose of increasing intergovernmental coordination and cooperation. RECITALS WHEREAS, the Parties seek to cooperate in the exchange of information regarding planned development with potentially significant impacts to adjoining or area-wide operations or missions; and WHEREAS, the Parties have developed a flexible intergovernmental planning process, so that each jurisdiction may express its concerns on proposed development activities; and WHEREAS, the Parties hereto mutually and freely enter into this MOU in which participation is voluntary and participants may withdraw with or without notice. NOW THEREFORE BE IT AGREED BY THE PARTIES: Section 1. The recitals set forth above are true and correct and are incorporated herein as essential terms of this MOU. Section 2. The Parties agree to exchange information as provided in this MOU, for all proposed development activities as follows: 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. Section 3. Projects requiring an Environmental Assessment or EIS under the National Environmental Policy Act notification requirements are excluded from this MOU. Page 1 of 8  Section 4. It is understood and agreed by all signatories that military bases cannot release sensitive or classified information or may not be able to release information related to the current base mission or future missions. Section 5. The Local Governments will provide affected governmental development review staff with timely notice of proposed development activities using the attached Notice of Proposed Development Activity (the “NOPDA”) form as follows: A. Any Local Government that receives a development proposal that meets or exceeds the trip generation threshold provided in Section 2.A., above, will provide notice of said proposals to all other jurisdictions (as used in this part, “jurisdictions” includes Eglin Air Force Base, Hurlburt Field and the Okaloosa Public School Board), that are within one-half (1/2) mile of the proposed development within five (5) working days of receipt of a such development application by mail, email, or fax. Acknowledgment of receipt is requested. B. Any Local Government that receives a development proposal that meets or exceeds the height standard provided in Section 2.B., above, to all other jurisdictions within one-half (1/2) mile of the proposed development, as well as Eglin Air Force Base and Hurlburt Field within five (5) working days of receipt of a such development application by mail, email, or fax. Acknowledgment of receipt is requested. C. Any Local Government that receives a development proposal for which utility services are to be provided by another jurisdiction shall notify the affected jurisdiction within five (5) working days of receipt of a such development application by mail, email, or fax. Acknowledgment of receipt is requested. D. Any Local Government that receives a development proposal that includes 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 (as used in this part, “jurisdictions” includes Eglin Air Force Base, Hurlburt Field and the Okaloosa Public School Board), and the new construction or roadway alterations are within one- half (1/2) mile of the jurisdiction, shall notify the affected jurisdiction within five (5) working days of receipt of a such development application by mail, email, or fax. Acknowledgment of receipt is requested. E. Responding comments will be presented with applicable staff reports and considered during the review process. Respondents will be notified of all public meeting dates and times as indicated on the NOPDA. F. Affected governmental planning bodies will respond to originating local governmental development review staff with written comments prior to close of the review period as established by the originating local government and which must be stated in writing in the NOPDA. Section 6. 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 Page 2 of 8 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. B. It is understood and agreed by all parties signatory hereto that this agreement in no way repeals, amends, modifies, or in any other way affects any other agreements, memoranda of understanding, contracts, or other arrangements as may exist between local governments that affect review and processing of development proposals. C. Failure to provide notice as required in the MOU cannot form the basis of any objection by a Party, or any third party, to proposed development activity, nor shall failure to provide notice constitute grounds for a delay, or request for delay, in the processing of a development application by the Party with responsibility for such processing. Further, the failure to comply with the provisions of this MOU may not be deemed to create a claim or cause of action against that Party nor shall any third party beneficiary rights be created in another by the Parties entering into this MOU. Section 7. The Parties to this MOU shall maintain a continuing ongoing process, which shall include: A. No less than once every year the Okaloosa Comprehensive Planning Committee (OCPC) will review this MOU and recommend changes to improve the effectiveness of the intended purpose. B. Revision(s) to the NOPDA form by the OCPC, as needed, to accomplish the intent of this MOU. C. For developments of regional impact (DRIs) as regulated by Section 380.06 of the Florida Statutes, the community within whose jurisdiction the DRI occurs will coordinate with the West Florida Regional Planning Council, state review agencies, and surrounding communities as required by Chapter 380,Florida Statutes, and the applicable rules of the Florida Administrative Code. Section 8. This MOU may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 9. This MOU shall become effective between parties as it is approved and executed by each. OKALOOSA COUNTY By: ____________________________________ Title: ____________________________________ Date: ____________________________________ Page 3 of 8 CITY OF CRESTVIEW By: ____________________________________ Title: ____________________________________ Date: ____________________________________ CITY OF NICEVILLE By: ____________________________________ Title: ____________________________________ Date: ____________________________________ CITY OF VALPARAISO By: ____________________________________ Title: ____________________________________ Date: ____________________________________ CITY OF CINCO BAYOU By: ____________________________________ Title: ____________________________________ Date: ____________________________________ TOWN OF SHALIMAR By: ____________________________________ Title: ____________________________________ Date: ____________________________________ Page 4 of 8 CITY OF FORT WALTON BEACH By: ____________________________________ Title: ____________________________________ Date: ____________________________________ CITY OF MARY ESTHER By: ____________________________________ Title: ____________________________________ Date: ____________________________________ CITY OF DESTIN By: ____________________________________ Title: ____________________________________ Date: ____________________________________ OKALOOSA COUNTY SCHOOL BOARD By: ____________________________________ Title: ____________________________________ Date: ____________________________________ EGLIN AIR FORCE BASE By: ____________________________________ Title: ____________________________________ Date: ____________________________________ Page 5 of 8 HURLBURT FIELD By: ____________________________________ Title: ____________________________________ Date: ____________________________________ Page 6 of 8  NOTICE OF PROPOSED DEVELOPMENT ACTIVITY (NOPDA) FORM FROM: _____________________________________________________________________________ TO: ______________________________________________________________________________ Date application received by jurisdictional government: ________________________________ Date by which response must be received: ________________________________ Name of Applicant: ________________________________________________________________ Name of Project: ________________________________________________________________ Street Address or General Location: ___________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Okaloosa County Property Appraiser’s Parcel Identification Number(s):___________________________ ____________________________________________________________________________________ Description of proposed development: ____________________________________________________ ____________________________________________________________________________________