HomeMy WebLinkAboutVII (B) Joint Planning Area (JPA) Agreement Notice of Termination Deadline Agenda 2-04-2003
e Center of Good L1r. Item VII B
Mayor .tb - Commissioners
S. Scott Vandergrift - Danny Howell,District 1
Scott Anderson, District 2
City Manager Rusty Johnson, District 3
Jim Gleason � � <' ^��""3pr- , {i 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: 1407)905-3100• fax: (407)656-8504 •www.ci.ocoee.fl.us
This agreement has been amended since February 11, 1994 in the following manner:
AMENDMENT 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 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.
By allowing the additional time to May 11, 2005, 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
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.
O'\Stall Reports\2003\SR03009.doc