HomeMy WebLinkAboutItem 09 (b) Public Hearing to Approve Amendments to the Ocoee-Orange County Joint Planning Area Agreement (b) Second Amendment to the Ocoee-Orange County JPA ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: October 19, 2021
Item #: q b
Reviewed By:
Michael Rumer,
Contact Name: Development Services Department Director:
Director
Contact Number: Ext. 1018 City Manager: Robert Fran
Subject: Second Amendment to the Ocoee-Orange County
Joint Planning Area Agreement (JPA)
Commission District 3, Richard Firstner
Background Summary:
The area proposed for the Amendment to the City of Ocoee-Orange County Joint Planning Area (JPA)
encompasses the collection of two parcels known as the proposed Crossings at Maguire PUD. The
subject property is located at 2663 and 2647 Maguire Road. The applicants propose to develop the
5.61 acres as a commercial/retail center.
In order for the proposed project to proceed with the annexation of one of the parcels and small scale
land use amendment and rezoning, the JPA Future Land Use map needs to be amended by
designating the two (2) parcels from Professional Office and Service (PS) to Commercial (COM). No
other map or text amendments are proposed with this Amendment.
Issue:
Should Honorable Mayor and City Commission approve the Second (2nd) Amendment to the City of
Ocoee-Orange County Joint Planning Area Agreement (JPA), amending the JPA Land Use Map from
Professional Office (PS) to Commercial (COM) for 5.61 acres of land on Maguire Road?
Recommendations:
Staff recommends that the Honorable Mayor and City Commission approve the Second (2nd)
Amendment to the City of Ocoee-Orange County Joint Planning Area Agreement (JPA), amending the
JPA Land Use Map from Professional Office (PS) to Commercial (COM) for 5.61 acres of land on
Maguire Road.
Attachments:
Second Amendment to Joint Planning Area Agreement between Orange County and the City of Ocoee
Financial Impact:
N/A
Type of Item: (please mark with an "x')
Z Public Hearing For Clerk's Dept Use:
1
❑ Ordinance First Reading ❑ Consent Agenda
❑ Ordinance Second Reading ZJJ Public Hearing
❑ Resolution Regular Agenda
® Commission Approval
O Discussion& Direction
❑ Original Document/Contract Attached for Execution by City Clerk
0 Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
2
SECOND AMENDMENT TO JOINT PLANNING AREA AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE
THIS SECOND AMENDMENT TO JOINT PLANNING AREA AGREEMENT(the
"Second Amendment") is made and entered into this day of , 2021, by
and between ORANGE COUNTY,FLORIDA,a political subdivision of the State of Florida(the
"County") and the CITY OF OCOEE, a Florida municipal corporation(the"City").
RECITALS
WHEREAS, the County and the City have entered into that certain Joint Planning Area
Agreement, dated December 3, 2019, as amended by that certain First Amendment to Joint
Planning Area Agreement dated , 2021 (collectively, the "Joint Planning
Area Agreement"); and
WHEREAS, the Joint Planning Area Agreement relates to property described therein
which is located in and around the boundaries of the City(the"Joint Planning Area"); and
WHEREAS, the County and the City each 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 Second
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 provisions of the Joint Planning Area Agreement set forth certain
procedures for amending the future land use designations shown on the Joint Planning Area Land
Use Map(the"JPA Land Use Map"); and
WHEREAS, The County and the City desire to change the future land use designation on
certain properties that are subject to the Joint Planning Area Agreement; and
WHEREAS,the local planning agencies of both the County and the City have considered
this Second Amendment and made recommendations to the Orange County Board of County
Commissioners and the Ocoee City Commission,respectively; and
WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, and the Joint Planning
Area Agreement, this Second Amendment has been approved at advertised public hearings by a
majority vote of both the Orange County Board of County Commissioners and the Ocoee City
Commission.
1
4823-5005-8998, v. 1
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 Second 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, (3)the Charters of the County and the City, and(4)the
Joint Planning Area Agreement.
Section 3. Definitions. All terms and phrases used in this Second Amendment shall
be as defined in the Joint Planning Area Agreement unless otherwise indicated.
Section 4. Joint Planning Area Land Use Man. The Joint Planning Area Land Use
Map, as set forth in Exhibit `B" to the Joint Planning Area Agreement, is hereby amended and
replaced with the Exhibit "B" attached hereto and by this reference made a part hereof. The
amendment to the JPA Land Use Map changes the future land use designation from Professional
Office/Services to Commercial of the properties bearing Parcel ID numbers 31-22-28-0000-00-
012 and 31-22-28-0000-00-023 and as further identified in Exhibit "A" attached hereto and by
this reference made a part hereof.
Section 5. Continuing Effect. Except as expressly set forth herein,the Joint Planning
Area Agreement remains unchanged and in full force and effect.
2
4823-5005-8998, v. 1
IN WITNESS WHEREOF, the County and the City have executed this Second
Amendment on behalf of the County and the City, respectively, and have set their seals hereto as
of the date set forth above.
ORANGE COUNTY,FLORIDA
By: Board of County Commissioners
By:
Jerry L. Demings
Orange County Mayor
Date:
ATTEST: Phil Diamond, County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
Date:
3
4823-5005-8998,v. 1
WITNESSES: CITY OF OCOEE, a Florida municipal
corporation
Name:
By:
RUSTY JOHNSON
Mayor
Date:
Name:
Attest:
Melanie Sibbitt, City Clerk
Date:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA; APPROVED BY THE OCOEE CITY
APPROVED AS TO FORM AND COMMISSION AT A MEETING HELD
LEGALITY this day of , ON , 2021,
2021. UNDER AGENDA ITEM NO.
SHUFFIELD, LOWMAN & WILSON,
P.A.
By:
City Attorney
STATE 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 RUSTY JOHNSON and
MELANIE SIBBITT, 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 tinder
authority duly vested in them by said municipality.
WINTESS my hand and official seal in the County and State last aforesaid this day of
, 2021.
(seal)
Signature of Notary
Name of Notary(type,printed or stamped)
My Commission expires on:
4
4823-5005-8998,v. 1
EXHIBIT "A"
(Parcel ID 31-22-28-0000-00-012)
Exhibit A: Parcel 312228000000012
Surrounding Future Land Use Map
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4823-5005-8998,v. 1
EXHIBIT "A" (CONT'D)
(Parcel ID 31-22-28-0000-00-023)
Exhibit A: Parcel 312228000000023
Surrounding Future Land Use Map
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COPY OF ADVERTISEMENT
Date Published and Media Name
2B The West Orange Times Thursday.October 7. 2021
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
TO CONSIDER THE
FIRST AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT
BETWEEN THE CITY OF OCOEE
AND ORANGE COUNTY
NOTICE IS HEREBY GIVEN that the City of Ocoee proposes to amend a Joint
Planning Area Agreement(.TPA)with Orange County.This agreement sets forth log-
ical areas that could be annexed into the City,and appropriate land uses for annexed
parcels.The proposed First Amendment to the agreement is for proposed changes
to the joint land use map for certain properties already in the SPA. The proposed
changes are proposed to proceed with the annexation of properties.
j ' y
i = amp
The OCOEE CITY COMMISSION will hold a public hearing on the proposed
agreement on TUESDAY,OCI'OBER 19,2021,at 8:15 P.M.or as soon thereaf-
ter as practical,at the City of Ocoee Commission Chambers,150 North Lakeshore
Drive,Ocoee,Florida.
Interested parties may appear at the public hearing and be heard with respect to
the proposed actions. The complete case file,including a complete legal descrip-
tion by metes and bounds,may be inspected at the Ocoee Development Services
Department,150 North Lakeshore Drive,Ocoee,Florida,between the hours of
8:00 a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.The City
Commission may continue the public hearing to other dates and times,as it deems
necessary.Any interested party shall be advised that the dates,times,and places of
any continuation of these or continued public hearings shall be announced during
the hearings and that no further notices regarding these matters will be published.
8
You are advised that any person who desires to appeal any
the public hearings will need a record of the proceedings and,for this purpose,may
need to ensure that averbatim record of the proceedings is made,which includes the
testimony and evidence upon which the appeal is based. Persons with disabilities
needing assistance to participate in any of the proceedings should contact the City
Clerk's Office 48 hours in advance of the meeting at(407)905-3105. 21 03775W
October 7,2021