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Home My WebLink AboutVI (B) Living Waters Church, Case Number 1-3SE-2002 Agenda 2-04-2003 Mayor ,�+�e Centex of Good Givy�� CommissionesItem V1B S. Scott Vandergrift v f40 Danny Howell, District 1 99 Scott Audio son, District �City Manager (( CO,: j ll . ,. Rusty Johnson, District 3 Jim Gleason - ..y t'� "Y 1 Nancy J Parker, District 4 STAFF REPORT DATE: January 27, 2003 TO: Honorable Mayor and City Commissioners FROM: Thomas Grimms, AICP, Senior Plannet`- j ---.T THROUGH: Russ Wagner, AICP, Community Development birector SUBJECT: Special Exception Petition Living Waters Church Case Number 1-3SE-2002 ISSUE: Should the Mayor and City Commissioners approve a Special Exception to permit a church in a C-2 "Community Commercial District"? BACKGROUND: The subject property is located approximately 100 feet east of the intersection of Kissimmee Avenue and McKey Street on the south side of McKey Street. The applicant is proposing to operate a church in an existing four-stall commercial building on a parcel 100' X 200', or 0.46 acres. NOTE: DUE TO THE NEED FOR A CORRECT METES & BOUNDS DESCRIPTION OF THE PROPERTY TO BE INCLUDED IN THE APPLICATION AND THE IMPENDING CITY COMMISSION ACTION ON THE ISSUE OF THE RESTRICTION OF CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES WITHIN 1,000 FEET OF A CHURCH, THE APPLICANT HAS REQUESTED THAT THIS AGENDA ITEM SHOULD BE CONTINUED INDEFINITELY. 0:\Staff Reports\2003\SR03008 CC.doc City 010,06c • 150 N Lakeshore IA•Ococc. Florida 34761 phoney(407)905 4100• fax (407)656 8504 •ww8..ciococe11.48 e center of Good Lt Mayor �b -... 478. Commissioners S. Scott Vandergrift ' It .. Danny Howell, District 1 Scott Anderson,District 2 City Manager �/0C�,� Rusty Johnson, District3 Jim Gleason �l at ''±g. r"7 {r' Nancy J. Parker, District 4 STAFF REPORT DATE: January 27, 2003 TO: The Honorable Mayor and City Commissioners THROUGH: Russ Wagner, AICP Community Development Director FROM: Terry L. James, AICP Principal Planner SUBJECT: Joint Planning Area (JPA) Agreement Notice of Termination Deadline ISSUE: Should the Mayor and City Commissioners allow the Joint Planning Area (JPA) Agreement with Orange County to be automatically extended until February 11, 2005 by not issuing a notice of termination by the February 11, 2003 deadline? BACKGROUND: The City of Ocoee negotiated the current JPA Agreement with Orange County to settle litigation brought by the County challenging annexations by the City. If the City had not negotiated this settlement agreement, these challenged annexations may have been voided. This ten-year agreement became effective February 11, 1994 and is due to expire on February 11, 2004. The City or County may terminate this agreement at the end of the ten years, if they give the other party a one-year notification. This one-year notification is due February 11, 2003. If this termination notice is not given, the original agreement will be automatically extended for one year until February 11, 2005. Once the automatic extension to February 11, 2005 is in effect, the timeframe for the notification is reduced from one year to nine months. This would change the deadline for the next termination notice to May 11, 2004. The JPA is not a true "joint planning area agreement" because the City exercises no planning control over the County's unincorporated areas contained within the joint planning area boundaries. The City may annex properties within the JPA's boundaries without opposition from the County. For properties outside the JPA's boundaries, the City must first amend the boundaries prior to annexation. The County, however, is not obligated to permit the boundary amendment and as a result may effectively block the planned annexation. City of Ocoee• 150 N Lakeshore Drive •Ocoee. Florida 34761 phone: (407)905-3]00• fax: (407)656-8504•www.ci.ocoee.fl.us This agreement has been amended since February 11, 1994 in the following manner: AMENDMENT I AMENDMENT AMENDMENT-GENERAL PROVISIONS NUMBER DATE 1 8/4/1998 Eliminated the Planning Advisory Committee 1 8/4/1998 Revised the JPA boundary and associated future land use within the boundary 2 1/19/1999 Revised the Clarcona and Gotha Rural Settlement Preservation District provisions 3 11/2/ 1999 Revised the JPA boundary and associated future land use within the boundary 4 11/14/2000 Revised the JPA boundary and associated land use within the boundary DISCUSSION: Even though the JPA is not as balanced as it could be, the agreement has provided some advantageous annexation policies that benefit the City. On the other hand, many aspects of the agreement limit the City's control over development within the JPA and should be modified. The staff does not anticipate serious problems with renegotiating the JPA since the City enjoys good relations with County staff and the two Commissioners whose districts encompass the City. The County and the City have effectively cooperated on State Road 50/West Colonial Drive Overlay District and are currently coordinating potential roadway projects for the Mobility 2020 sales tax referendum. New comprehensive plan legislation (Chapter 2002-296, Laws of Florida) requires the County, and all special districts, and municipalities within the County to submit a report identifying and evaluating all existing interlocal service delivery agreements by January 1, 2004. This legislation also requires the subsequent update of the local government's Intergovernmental Coordination Element. Although this is not directly tied to the JPA Agreement, this requirement may encourage a reevaluation and a more comprehensive approach to the new JPA agreement. Grua.Amia 2p /o3 '""'4""'2 By allowing the additional time to May 11, 2005 2004, the City of Ocoee can thoroughly study and renegotiate all outstanding issues concerning the JPA Agreement. If for any reason the renegotiation of the JPA agreement is unsuccessful, the City of Ocoee may then notify the County of its intentions to let the agreement lapse. STAFF RECOMMENDATION: Staff recommends that the Mayor and City Commissioners allow the February 11, 2004 2003 deadline to pass without issuing a formal one-year Joint Planning Area Agreement notification of termination, and simultaneously, direct Staff to notify the County of the City's intent to renegotiate the agreement to better balance City/County control within the JPA.