HomeMy WebLinkAboutVI (C) Devon Cove - Map Amendment to Joint Planning Area (JPA) Agreement, Case No. JPA-98-002 Agenda 1-19-99
Item VI C
".CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S. SCOT E VANDERGRIFF
00099 COMMISSIONERS
o` CITY OF OCOEE DANNY HOWELL
_ �`V ��� SCOTT ANDERSON
�� 150 N. LAKES' DRIVE
Q SCO'1`r A GLASS
v p OCOEE,FLOWDA 34761-2258
Pf �w (407)656-2322 NANCY J.PARKER
y! .�� CITY MANAGER
f,P OP GOD0�` ELLIS SHAPIRO
STAFF REPORT
DATE: January 8, 1999
TO: The Honorable Mayor and City Commissioners
FROM: Russ Wagner, AICP, Director of Planning ViY/
SUBJ: Devon Cove Joint Planning Area Agreement Amendment
Case No. JPA-98-002
ISSUE:
Should the Mayor and City Commissioners adopt an amendment to the Joint Planning Area
Agreement between Orange County and the City of Ocoee?
BACKGROUND/ DISCUSSION:
The petitioner has requested that the JPA boundary be changed to add a 4.5 acre parcel located
approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run
Court. This amendment coincidentally removes the property from the Clarcona Rural Settlement
Area. The initial land use classification is requested to be Low Density Residential (less than 4
dwelling units per acre). The developer has requested this change to permit access to Prairie
Lake Boulevard and to secure City water, thereby enabling him to develop smaller lots than
would otherwise have been permitted in Orange County. This petition covers the amendment to
the JPA Agreement only, including corresponding language changes to the text of the
document. Separate annexation, rezoning and subdivision reviews will still need to be
accomplished to permit development of the property.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
At their regular meeting on January 12, 1999, the Planning and Zoning Commission held a
Public Hearing too consider the proposed amendment. After a brief discussion, the Planning
and Zoning Commission voted unanimously to recommend approval of the Second Amendment
to the Joint Planning Area.
eV--
Page 2
The Honorable Mayor and City Commissioners
January 14, 1999
STAFF RECOMMENDATION:
The Development Review Committee met on January 6, 1999 and unanimously recommended
approval of this amendment. Additionally, the Orange County Board of County Commissioners
met on January 5, 1999 and unanimously recommended approval. Based upon these actions
and the recommendation of the Planning and Zoning Commission, Staff respectively
recommends that the Mayor and City Commissioners approve the Second Amendment to the
Joint Planning Area as attached, and further authorize the Mayor and City Clerk to execute the
Agreement on behalf of the City.
RBW/csa
Attachment
P:\CALEXANDER W LL_DATA\CAPDFILE\Staff Reports\CC SR\SR99006.dac
�,j���I PLANNING DEPARTMENT
l li DAVID C. HEATH, MCP,Manager
at�' ": 201 South Rosalind Avenue,2nd Floor•Reply To:Post Office Box 1393.Orlando,Florida 32802-1393
( '� (407)836-5600•Fax(407)8365862
JOUNT! http//www.citizens-first.co.orange.f.us
OIERigMENT
L ORID " November 10, 1998
TO: Dick Spears, Chairman
Local Planning Agency
FROM: Chris Testerman, Assistant Manager
Planning Department
SUBJECT: Second Amendment to the Joint Planning Area (JPA) Agreement
Between Orange County and the City of Ocoee
The City of Ocoee has submitted to Orange County a request to amend the above
referenced agreement. This amendment permits the addition of a five acre tract into the
JPA with a designation of Low Density Residential (4 DU/Acre), on the Joint Planning
Area Land Use Map (see Exhibit B). This map sets forth the land uses the City can
utilize for annexed property. In addition, all annexations must be within the JPA
boundary.
This property (see Exhibit 1) was previously processed as a small scale amendment
(#97-1-S-2-3), which provided for 2 DU/Acre on wells and septic tank and rezoning
(#Z97-071) to R-IAAA. However, the property owner now wishes to develop on
central water and sewer at up to 4 DU/Acre. This requires annexation, since the subject
site is located within Ocoee's utility territorial area. The property is contiguous to the
City on three sides and has access to the south through an existing subdivision in Ocoee.
A minor textual amendment is also included with the Second Amendment because the
subject property is currently within the Clarcona Rural Settlement (see Exhibit C) and
protected from annexation. This change clarifies how amendments to the JPA, which
impact the Clarcona and Gotha Rural Settlement, are processed. It is important to note
that any amendment to the JPA requires approval, from both the City and County, at a
public hearing.
The Board of County Commissioners is scheduled to hold a public hearing on this item
on December 1, 1998.
Attached is the Second Amendment to the JPA. If there are any questions on this
matter, call me directly at 836-5883.
ACTION REQUESTED: Approval of the proposed Second Amendment to the Joint
Planning Area Agreement between Orange County and the
City of Ocoee. Districts: 1 and 2.
CRT/lab
Attachments
Exhibit B
(Revised August 4, 1998)
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Prepared By Orange County Planning and Community Services Drvision,IS Section
SECOND AMENDMENT TO JOINT PLANNING AREA AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE
THE SECOND AMENDMENT TO JOINT PLANNING AREA AGREEMENT
(hereinafter this `Amendment") is made and entered into as of the day of
1998, by and between ORANGE COUNTY, FLORIDA, a political subdivision of the State of
Florida (hereinafter the "County") and the CITY OF OCOEE, a Florida municipal
corporation (hereinafter the "City").
RECITALS
WHEREAS, the County and the City have entered into a certain Joint Planning Area
Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated
August 4, 1998 (hereinafter the "Joint Planning Area Agreement"); and
WHEREAS, the County and the City desire to amend the Joint Planning Area
Agreement in order to address procedures for revising the boundaries of the Clarcona Rural
Settlement and Gotha Rural Settlement in order to, on a parcel by parcel basis, add lands
within said settlements to the Joint Planning Area within which the City may annex and zone
lands; and
WHEREAS, the owners of certain land owned and located within the Clarcona Rural
Settlement (the "Affected Parcel") have petitioned the City and County (the "Petitioner") to
have such land added to the Joint Planning Area so that the Affected Parcel may be annexed
into the City of Ocoee; and
006.107879.2
WHEREAS, both the County and the City exercise comprehensive planning authority
pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and
Land Development Regulation Act, and enforce land development regulations to regulate the
development of land within the respective areas of jurisdiction of each party; and
WHEREAS, the County and the City have the authority to enter into this Amendment
pursuant to the Local Government Comprehensive Planning and Land Development Regulation
Act in general and Section 163.3171, Florida Statutes, in particular; and
WHEREAS, the local planning agencies of both the County and City have considered
this Amendment and recommended its adoption to the Orange County Commission and the
Ocoee City Commission, respectively; and
WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, this Amendment has
been approved at advertised public hearings held by both the Orange County Commission and
the Ocoee City Commission; and
WHEREAS, pursuant to the Joint Planning Area Agreement, as amended hereby, the
City and County have held advertised public hearings on the Petitioner's request to amend this
Agreement in order to allow for the Affected Parcel to be annexed into the City of Ocoee.
NOW, THEREFORE, in consideration of the covenants made by each party to the
other and of the mutual advantages to be realized by the parties hereto, the receipt and
sufficiency of which is hereby acknowledged, the County and the City hereby agree as follows:
2-
006.107a]9.2
Section 1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
Section 2. Authority. This Amendment is entered into pursuant to (1) Chapters 125,
163 and 166, Florida Statutes, (2) the general authority of Section 163.01, Florida Statutes,
relating to interlocal agreements, and (3) the Charters of the County and City.
Section 3. Definitions. All terms and phrases used in this Amendment shall be as
defined in the Joint Planning Area Agreement unless otherwise indicated.
Section 4. Text Amendment: Definition of Clarcona Rural Settlement. Section 3.J
of the Joint Planning Area Agreement is hereby amended to read as follows:
J. "Clarcona Rural Settlement" means, for the purposes of this
Agreement, those lands depicted in Exhibit "C" attached hereto
and by this reference made a part hereof, all of which as of the
Effective Date lie outside of both the JPA and the corporate limits
of the City [and such additions and deletions thereto as may be
approved b the County and the City in accordance with the
procedures set forth in this Agreement and, in the event it
becomes a preservation district, in accordance with Section 505
of the Orange County Charter.]
Section 5. Text Amendment: Definition of Gotha Rural Settlement. Section 3.V of
the Joint Planning Area Agreement is hereby amended to read as follows:
V. "Gotha Rural Settlement" means for the purposes of this
Agreement, those lands depicted in Exhibit "D" attached hereto
and by this reference made a part hereof, all of which as of the
Effective Date lie outside both the JPA and the corporate limits of
the City ['and such additions and deletions thereto as may be
approved by the County and the City in accordance with the
procedures set forth in this Agreement and in accordance with
Section 505 of the Orange County Charter.l
006.107879.2
3-
Section 6. Text Amendment: Preservation of Clarcona and Gotha Rural
Settlement. Section 5.D of the Joint Planning Area Agreement is hereby amended to read as
follows:
D. Nothing contained herein shall be construed to limit the right
of any owner of real property within the Clarcona Rural
Settlement and/or the Gotha Rural Settlement (1) to petition the
Orange County Commission and the Ocoee City Commission for
an amendment to {the JPA}this Agreement so as to allow
annexation of such owners real property into the corporate limits
of the City in accordance with applicable statutes and ordinances,
which amendment may be granted or denied by the Orange
County Commission and the Ocoee City Commission, in their
sole and absolute discretion, provided that any such actions must
be taken only at an advertised public hearing {n,...I-d._.r, ,.r,.,..
te--inelude--suehrpeeetfof both the County and the City at which
an amendment to this Agreement may be adopted, or (2) to
petition the City for annexation of such owner's real property into
the corporate limits of the City in accordance with this
Agreement and applicable statutes and ordinances. In the event
the County and the City both approve any such petitions, then the
amendment to this Agreement will (i) add the lands of the
petitioner to the Joint Planning Area and remove such lands from
the Clarcona Rural Settlement or the Gotha Rural Settlement, as
the case may be, and (ii) add the lands of the petitioner to the IPA
Land Use Map and establish a future land use for such land which
will be applicable only to the Cit and then only u.on annexation
of said land into the corporate limits of the City.
Section 7. Text Amendment: Annexation Outside of JPA. Section 7.0 of the Joint
Planning Area Agreement is hereby deleted.
Section 8. Map Amendments for Affected Parcel. The Legal Description of the Joint
Planning Area and the Joint Planning Area Land Use Map as set forth in Exhibits "A" and
"B" of the Joint Planning Area Agreement, respectively, are hereby amended by adding
4-
006.1078]9.2
thereto the real property described in Exhibit "1" attached hereto and by this reference made a
part hereof(the "Affected Parcel") so that said lands will hereafter be included within the Joint
Planning Area. The land use designation of the Affected Parcel on the Joint Planning Area
Land Use Map shall be Low Density Residential. The legal description of the Clarcona Rural
Settlement as set forth in Exhibit "C" to the Joint Planning Area Agreement is hereby amended
by the deletion of the Affected Parcel so that the Affected Parcel will no longer be included
within the Clarcona Rural Settlement.
Section 9. Except as expressly set forth herein, the Joint Planning Area Agreement
remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the County and City have executed this Amendment on
behalf of the County and City, respectively, and have set their seals hereto as of the date set
forth above.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:
County Chairman
DATE:
ATTEST: Martha O. Haynie, County
Comptroller As Clerk of Board of County
Commissioners
Deputy Clerk
5-
006.10]6]0.2
•
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
, personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1998.
Signature of Notary
Name of Notary (type, printed or stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
WITNESSED: CITY OF OCOEE, a Florida municipal
corporation
Printed Name:
By:
S. Scott Vandergrift, Mayor
Printed Name:
Attest:
Jean Grafton, City Clerk
(SEAL)
FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY
ONLY BY THE CITY OF COMMISSION AT A MEETING HELD
OCOEE, FLORIDA; APPROVED ON , 1998 UNDER
AS TO FORM AND LEGALITY AGENDA ITEM NO.
this day of , 1998
FOLEY & LARDNER
By:
City Attorney
006.107679.2
6-
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they
severally acknowledged executing the same in the presence of two subscribing witnesses freely
and voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this day
of , 1998.
Signature of Notary
Name of Notary (type, printed or stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
•
006.107879.2 -�
Exhibit C Clarcona Rural Settl •ent ...
Rural sen CTe i
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EXHIBIT D
GOTHA RURAL SETTLEMENT
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SETTLEMENT PROPOSAL: NOT TO BE USED IN CASE NO.C193-245 1 j Y5/94
Exhibit 1 • 0 h
Second Amendment to Joint
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The Orlando Sentlnel;Thuraday,December 24,1998.
Nonce on PUBLIC PIMPING
CITE Of OCOEE
TO COMM A MAP AMENOMIIT TG THE JPA AGREEMENT
NOTICE M MIME tat the City M Ocoee anomie'to nod In IbwJM inter-
local agreement:the Occoo.. r.nnge County Joint Planning AreaAgreement.The
of the Me of Pr.l.lake ew eproperty,d W Log GVP,"ulluuwwWM the
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end Md to eeaeet parcel a the JPA Land We Mop(Mhb4 a)with n Mahe Mag-
neto of W Denny Rneen141 I<4 due)Mr the 50 Kma parc�t�bb City
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end d'A0 p.m..North Mond Lakeshore rough Friday,sk-
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interested Wks may spat at the public hearing arid be heard with rennin the
proposed Ordinance My arson'Menthe torqq*pbl my Casa meth.wIn
to apxCaperM ono to ensure
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