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Home My WebLink AboutVI(C) Third Amendment To Joint Planning Area Agreement Agenda 10-19-99 Item VI C "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER nOcoee S.SCOTT VANDERGRIFT 67 del- rt9it 'S CITY OF O C O E E COMMISSIONERS 150 N.LAKESHORE DRIVE DANNY HOWELL SCOTT ANDERSON OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON ' • (407)656-2322 NANCY J.PARKER CITY MANAGER MEMORANDUM ELLIS SHAPIRO DATE: October 12, 1999 TO: The Honorable Mayor and City Commissioners FROM: Ellis Shapiro, City Manager SUBJECT: Third Amendment to the mt Planning Area Agreement As you are aware, City Staff has been working with Orange County to draft revisions to the Joint Planning Area Agreement. These discussions have included proposed changes to the boundaries of the JPA, land use changes, and the elimination of enclaves. Related discussions have pertained to maintenance responsibilities for various roadways, the provision of sewer / water services, fire / emergency services coordination, and potential cost sharing of various infrastructure items. Early in this negotiation process, the parties agreed that the easiest way to accomplish changes to the JPA and improve City/ County cooperation on various other matters was to undertake these matters in phases. The easiest changes to the JPA were determined to be some minor boundary and land use changes which jointly benefited the City and County. These proposed amendments to the JPA Agreement are more fully outlined in the attached Planning Department Staff Report. As you will note, the Orange County Commission approved this amendment on September 28, 1999; however, at their meeting held on September 29, 1999, the Ocoee Planning and Zoning Commission voted to deny the amendment. Due to an unfortunate set of circumstances, it is my belief that the Planning and Zoning Commission was not fully apprised of the details and negotiations which lead up to this proposed amendment since none of the City Staff involved in the deliberations was available to attend the Planning and Zoning Commission meeting. Accordingly, I respectfully request that the City Commission continue the Public Hearing on this matter to permit our Planning and Zoning Commission to reconsider this issue before action is taken by the City Commission. ES/csa Attachment \\Police_fire1\planning\CALEXANDER\ALL DATA\CAPDFILE\Memorandums\MFP 1999\MFP99231.doc Pt tectOcaee's:Watei.Flesclifces.. �l� "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER ,`.000ee , S.SCOTT VANDERGRIFT _ CITY OF O C O E E COMMISSIONERSr DANNY HOWELL c 150 N.LAKESHORE DRIVE SCOTT ANDERSON ' K___P' 0. C' OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON 4. 407 656-2322( ) NANCYJ.PARKER Of. ;GOOD CITY MANAGER ELLIS SHAPIRO STAFF REPORT DATE: October 13, 1999 TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner,AICP, Director of Planning ffri SUBJECT: Third Amendment to Ocoee-Orange County Joint Planning Area Agreement ISSUE: Should the Mayor and City Commissioners approve changes to the Joint Planning Area (JPA)Boundary and JPA Future Land Use Map? BACKGROUND: As development continues to occur in the northeast sector of the community, a number of property owners currently situated outside the existing JPA Boundary have expressed the desire to annex into the City. These properties generally correspond to our utility service area boundaries or are logical extensions to eliminate enclaves. Conversely, there are a number of areas within the JPA that have fully developed within the County and utilize their utilities. Accordingly, some of these areas are proposed to be deleted from the JPA. Changes to the 'JPA Land Use Map to reflect these additions, and deletions are also proposed as well as a few minor clean-up land use changes. DISCUSSION: The proposed changes are threefold. First, several pocket areas located on the northeastern boundary of the JPA; within the Clarcona Rural Settlement,are proposed to be added to the JPA (see attached map). Secondly, several developed subdivisions (such as Magnolia Springs and Rose Hill)in the southeast portion of the JPA are proposed to be deleted from the agreement. These latter areas are within the County's water and sewer territory and are unlikely to annex in the near future. Lastly, the land uses for certain properties internal to the JPA are being changed to more accurately reflect actual or • proposed uses and zoning (see attached map). An Industrial category is also being included to reflect existing industrial uses. PoWF Honorable Mayor and City Commissioners October 13, 1999 Page 2 A community meeting on these proposed changes was held on Monday, July 12, 1999, at the Evans Ninth Grade Center. Comments from the neighborhood meeting and letters from residents have been supportive of the proposed changes, with one exception. Several property owners on Hackney Prairie Road, whose properties were originally proposed to be included into the JPA, are opposed to the amendment if their properties are included. One property owner of a large tract of land would like to be included in the JPA. However, the ultimate annexation of that property owner's tract without the other properties along Hackney Prairie Road would create an enclave. The Hackney Prairie area was not included in the JPA amendment as approved by the Orange County Commission and City of Ocoee staff are not recommending that the Hackney Prairie area be included into the JPA. ORANGE COUNTY COMMISSION MEETING AND RECOMMENDATION: On September 28, 1999, the Orange County Commission held a public hearing regarding the proposed Third Amendment to Ocoee-Orange County Joint Planning Area Agreement. During the hearing, some of the property owners along Hackney Prairie Road spoke indicating that they did not want their properties included in the JPA amendment. They were assured by the County staff that their properties were no longer included in the proposed JPA amendment. Mayor Vandergrift also spoke during the hearing, expressing his opinions on the subject of a "Joint Planning Area". He described several cases where new development is occurring in County enclaves within the City and along the edges of the City limits which is being approved by the County to use wells and septic systems and is not coordinated with the City. He also expressed many concerns with the current Joint Planning Area agreement, indicating that he felt there should be many other changes in addition to those presented in the.proposed JPA amendment. He suggested that these additional changes should be made to the JPA amendment before it is considered. The County Commission discussed the Mayor's concerns and the idea of continuing the hearing to allow more work on the agreement. However, the Chairman suggested that if the County Commissioners were happy with the proposed amendment as presented, they should vote on it at that time. The County Attorney indicated that if, after reviewing the proposed amendment,the City wanted to make changes, then it would have to come back to the County Commission for additional review. After a brief discussion on this issue, the County Commission voted unanimously to approve the proposed JPA amendment as presented by staff. PLANNING & ZONING COMMISSION MEETING AND RECOMMENDATION: On September 29, 1999, the Ocoee Planning and Zoning Commission held a public hearing regarding the proposed Third Amendment to Ocoee-Orange County Joint Planning Area Agreement. During the hearing, Mayor Vandergrift made a lengthy presentation expressing the same concerns he had presented to the County Commission, Honorable Mayor and City Commissioners October 13, 1999 Page 3 suggesting that additional changes should be made to the JPA amendment before it is considered. In response to the Mayor's discussion,the staff indicated that most of the issues presented by the Mayor were considered when the negotiations began on this proposed JPA amendment. However, it was decided that the best approach in dealing with these complex issues was to address them in stages, beginning with changing the boundaries of the JPA. The issues related to enclaves and utilities would be addressed in later stages. During its discussion, members of the Planning and Zoning Commission agreed that more work needs to be done in planning for enclaves and areas close to the City limits. When the discussion was finished, the Planning and Zoning Commission voted 5-0-1 to recommend denial of this proposed JPA amendment, with an additional recommendation that the staff continue working on the amendment to include additional changes. STAFF RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve the Third Amendment to the JPA Agreement as presented, providing for amendments to the JPA Boundary and JPA Land Use Map, consistent with the Board of County Commissioners action. Attachments: Copy of Public Hearing Advertisement Copy of the Third Amendment to the JPA Agreement,Executed by Orange County O:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR99059.docz • • Thursday,October7,;1999' Or ,Thp WestOrange Times CITIr'OF OCOEE -NOTICE•OF..' PUBLIC-HEARING.'BY'THE . :000EE• CITY:'COMMISSION ,TO • - r,` CONSIDER .ATHIRD ..: '; " AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT NOTICE' IS" HEREBY.GIVEN that the City of Ocoee proposes to amend the following interlocal agreement:the Ocoee-Orange County Joint Planning Area:Agreement, as.amended. This agreement sets forth logical areas that could be annexed into the City and,appropri- ate land Used for'annezed parcels.The proposed amendments to the agreement are threefold, first.certain properties are proposed to be added to•the JPA and second, other properties are proposed to be deleted from,;the JPA.(see map.below). Lastly, there are.proposed changes=to;the joint�land use map,for certain properties:already in the ' JPA', to reflect existing uses.or.zoning: These proposed changes do not necessarily.require,annexation,The.City is not recommending . that_the,properties-located'on Hackney;Prairie Road be included into the JPA at-this time. .• The Ocoee' City >:y-• Commission will hold :a '2 ' D. ;public hearing,on the pro- • , -. ..,;I. rr . --t :posed ` ,amendment{ on *A'- ;.` e, 4.:0,r— Tuesday, October,19,-1999 ••�,," f:l •i• r_.. •• at 7:15. p.m.;'.or .as'soon _f__ + '', •: ap; thereafter as practical, at Y-- -_ •the Ocoee , City y= s.,.-- =j Commission .''Chambers ,: 1:; v ; J r City Hall,150 N.:Lakeshore t -! fi, '' =fir.: 1 t 4:A .Drive, Ocoee, Florida The _ _-j - tsr- Ocoee.. City ';Commission — Utz May-;:continue•.the•.. public • _• r_ tL•r J`ffi � hearing to other'dates:and i-• ; .-J.7--; „ times; as-they deem•,nec= •- �' essa Any interested ,_ III ?r1 "-,-•(-!- 0 ..• • ry..:, party'shall be advised that • -- j=-�' 'i. l'i,Y ' the'dates,times and places ` 'si7�:' "r'-'::. of'an� -`continuation of this ' u ' . - -,W ' ';‘' Ti'.: or`continued public:hear- •.Proposed,Modifl oflsthe, ..N - '(` .ii,S Oranpecoumy,64.,Planning ings"shall be announced �' l:-7xJ-_ Area agreement ' __ - '" during the hearing and tat I : . f .°d"' 'P" '.no further notices regard- ' -, :•in these matters will be published: " - . A:cbpy.'of;the proposed,amendment may be inspected by the public at the:.Ocoee Planning,Department,..150.N.:Lakeshore Drive, Ocoee, Florida between the.hours.of,8:00 am;and,5 00:pm,.Monday through Friday; except legal holidays .:;,.- •:i„.. -.. Interested parties„may appear;at the,cpu,bl•ic-hearing and be heard with;respect,to the proposed:action,:Any person;wishing:to appeal .any,decision-made with.respect.to„any,matter considered at:the pub liciiearing will,,need;a'record,of the proceedings;and for.this:purpose may-need;to ensure that,:a,verliatim•,record,pf:the preceedi"ngs;is rtiade wftichc includes rthe,,testimon,_and,.revidence upon,which the PpealaW00d,;,Personsr4i',d,sabd tjcs needjng.;assistance to•par; : ticipate In ibe_proceedings should bontact the,,City Clerk s,office:48 hours irj:adva t, eF ftthe;meeting at•,(40;7,)':650 2,, ,.extenslon.l46:; dti1 .14..ada. m.r. e. .. r . :.: �' ., ':IEAN.: i� `� +taEr'? Sri,'�{t'•,..�tis�,;u�,:��t�.-,:�`'r�,��',,'.ra �s:ra� FTON; ITS'�CLERK - CITV OF=:000EE: ; :'i, :v. . .. "October,.';099.9, APPROVED BY ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS SEP 2 3 1999 v5/f) THIRD AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE THE THIRD AMENDMENT TO JOINT PLANNING AREA AGREEMENT (hereinafter this "Amendment") is made and entered into as of the day of 1999, 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 and as amended by the Second Amendment thereto dated January 19, 1999 (hereinafter the "Joint Planning Area Agreement"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement to add lands within unincorporated Orange County to the Joint Planning Area within which the City may annex lands and to establish the future land uses with respect to those lands and remove lands within unincorporated Orange County which are currently within the Joint Planning Area; and 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 006.145074.2 • 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 at advertised public hearings 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, and pursuant to the provisions of Section 8C of the Joint Planning Area Agreement, this Amendment has been approved at advertised public hearings held by both the Orange County Commission and the Ocoee City Commission. 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: 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. -2- 006.145074.2 Section 4. Amendment to Joint Planning Area. The existing Exhibit "A" to the Joint Planning Area Agreement which depicts the Joint Planning Area is hereby repealed and the Revised Exhibit "A" attached hereto and made a part hereof by this reference is substituted in lieu thereof. All references in the Joint Planning Area Agreement to Exhibit "A" shall be deemed to refer to the Revised Exhibit "A" attached hereto. Section 5. Amendment to Joint Planning Area Land Use Map. The existing Exhibit "B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is hereby repealed and the Revised Exhibit "B" attached hereto and made a part hereof by this reference is substituted in lieu thereof. All references in the Joint Planning Area Agreement to Exhibit "B" shall be deemed to refer to the Revised Exhibit "B" attached hereto. Section 6. Except as expressly set forth herein, the Joint Planning Area Agreement remains 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. KON'TIT 4s- 141 ORANGE COUNTY, FLORIDA By: Board of County Co 'ssioners eZ)' L 1 r • / J UNTrOV 14 County Chairman DATE: ,�.) ATTEST: Martha O. Haynie, County Y tY Comptroller As Clerk o Board of County Commi ners Deputy 1 k 006.145074.2 -3 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 13,,4 roc\ U3 • 6 rcrvK.3 , personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this 3614. - day of pLrab.vi , 1999. (i4\,D.V)OL.,(Y - CA(JU-1Z-- -4---- ignature of Notary =o Y Trisha M.Duckworth I r i s Y _ nr. i i(-..K uoD r-i MY COMMISSION N CC669065 EXPIRES �-2.;' September 16,2001 Name of Notary (type, printed or stamped) o 11..,. BONDED THRU TROY FAIN INSURANCE,INC. "" 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 , 1999 UNDER AS TO FORM AND LEGALITY AGENDA ITEM NO. . this day of , 1999 FOLEY & LARDNER By: City Attorney -4- 006.145074.2 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 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 , 1999. 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): 006.145074.2 -5 • Exhibit A Joint Planning Area Agreement Boundary Line _ Iiii iNI.kM I I7S ,. . r, ul /I~ram/ /I= 1. ■ It i■ imn lrkm 1._, , op! ---Doi . MI Ili.... ,..t.....„,11...me . 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