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  County Administrator's Report     13. 6.    
BCC Regular Meeting Technical/Public Service Consent  
Meeting Date: 09/05/2013  
Issue:    Memorandum of Understanding (MOU) and Detailed Specific Area Plan (DSAP)
From: Larry Newsom
Department: County Administrator's Office  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Memorandum of Understanding and the Detailed Specific Area Plan - Larry M. Newsom, Assistant County Administrator

That the Board amend its action of September 15, 2011, requiring the Development Group to pay in full the $156,000 due, pursuant to the Memorandum of Understanding between Escambia County and Classic Home Builders, Inc., Longview Plantation I, LLC, DDJ Land Company, LLC, prior to issuance of any County Development Order, Land Disturbance Permit, Building Permit, or any other County approval or Permit for any of their property within the Sector Plan Area and allow the Development Group to rezone properties within the Sector Plan Area prior to payment in full of the $156,000.  The Board shall still require payment in full of the $156,000 prior to issuance of any Development Orders, Land Disturbance Permits, Building Permits, or County Permits or approvals other than rezonings.
BACKGROUND:

The original MOU was approved on September 20, 2007 between Escambia County and Classic Home Builders, Inc., Longview Plantation I, LLC, DDJ Land Company, LLC.  This Agreement was entered into for the following purposes:  the parties desired a successful completion and adoption of an Optional Sector Plan as described in F. S. 163.3245 (2009); and, the parties desire to clarify and memorialize certain issues, terms and conditions contained in and/or related to the MOU.

The Sector Plan formal agreement was signed by the Board of County Commissioners (BCC) on April 3, 2008; a conceptual, long-term build-out overlay and the Sector Plan Goals, Objectives & Policies were incorporated into the EAR Based Amendments; the Adoption Package (Ordinance 2011-03) was approved by the BCC on January 20, 2011.  The Notice of Intent of in Compliance from DCA was received on February 7, 2011.  As part of the Sector Plan process, the Detailed Specific Area Plan provides defined development standards for areas that are at least 1,000 acres, such as identifying the distribution, extent, and location of future uses; public facilities, including those outside the jurisdiction and those necessary for the short term; and natural resources in the region.  As with the conceptual overlay, the specific area plan includes guidelines and principles that address urban form and procedures for intergovernmental coordination.

On September 15, 2011, the Board adopted an ordinance (Number 2011-29) adopting the Jacks Branch Village and Muscogee Village Detailed Specific Area Plans (DSAP) and supporting maps, as amended to reflect "that the County withhold issuance of an Development Order (D.O.), land disturbance permit, building permit, or any other County approval or permit, for any property within the Sector Plan area, to any individual or corporate signatory to the October 4, 2007, MOU (Memorandum of Understanding) between the County and the Development Group, until payment in full, (in the amount) of $156,000, is received by the County, as required by Paragraph 7.B of the MOU."

The September 15, 2011 action restricts Development Groups from approaching the Board on rezoning requests even if they meet the land use requirements of the Sector Plan.  By rescinding the action, it will allow rezoning requests to be brought to the Board for approval.  However, the existing MOU adopted in 2007, will still enforce the requirement that the Development Group will reimburse the County. 

BUDGETARY IMPACT:

No budgetary impact is anticipated.

LEGAL CONSIDERATIONS/SIGN-OFF:
Legal has reviewed this recommendation.
PERSONNEL:

Additional personnel will not be required.

POLICY/REQUIREMENT FOR BOARD ACTION:
Action is consistent with the Board's goal "to increase citizen involvement in, access to, and approval of, County government activities."
IMPLEMENTATION/COORDINATION:
Development Services is required to accept and process rezoning applications for the Sector Plan Area.  Development Services, Building Inspections, and other Departments will ensure compliance to this Board action. 

Attachments
MOU
Amendment to MOU

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