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Home My WebLink AboutItem 09 (a) Public Hearing to Approve Amendments to the Ocoee-Orange County Joint Planning Area Agreement (a) First Amendment to the Ocoee-Orange County JPA Ocoee florida AGENDA ITEM COVER SHEET Meeting Date: October 19, 2021 Item #: A. Reviewed By: Michael Rumer, Contact Name: Development Services Department Director: Director Contact Number: Ext. 1018 City Manager: Robert Fr-ifeil r/�- Subject: First Amendment to the Ocoee-Orange County Joint Planning Area Agreement (JPA) Commission District 1, Larry Brinson, Sr. Background Summary: The area proposed for the amendment to the City of Ocoee-Orange County Joint Planning Area (JPA) encompasses the collection of four parcels known as the proposed Progress Commercial Park PUD (AKA Beltway 429 PUD). The subject property is located on the west side of Ocoee Apopka Road and the east side of SR 429 (Western Expressway), south of Demastus Road. The applicants propose to develop the 39.96 acres as a Light Industrial/Retail Flex PUD in line with the requirements of the Business Character Area Overlay. In order for the proposed project to proceed with annexation, the JPA Future Land Use map needs to be amended by designating all four (4) parcels of the subject properties from Low-Density Residential (LDR) to Light Industrial (LI). No other map or text amendments are proposed with this amendment. Issue: Should Honorable Mayor and City Commission approve the First (1st) Amendment to the City of Ocoee- Orange County Joint Planning Area Agreement (JPA), amending the JPA Land Use Map from Low- Density Residential to Light Industrial for 39.96 acres of land on Ocoee Apopka Road? Recommendations: Staff recommends that the Honorable Mayor and City Commission approve the First (1st) Amendment to the City of Ocoee-Orange County Joint Planning Area Agreement (JPA), amending the JPA Land Use Map from Low-Density Residential to Light Industrial for 39.96 acres of land on Ocoee Apopka Road. Attachments: First Amendment to Joint Planning Area Agreement between Orange County and the City of Ocoee Financial Impact: N/A 1 Type of Item: (please mark with an "x') ® Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading 0 Consent Agenda ❑ Ordinance Second Reading Public Hearing ❑ Resolution Regular Agenda ® Commission Approval ❑ Discussion& Direction ❑ Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 2 FIRST AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE THIS FIRST AMENDMENT TO JOINT PLANNING AREA AGREEMENT (the "First 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 (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 First 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 First 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 First 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 4839-5118-5654,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 First 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 First 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 Low Density Residential to Light Industrial of the properties bearing Parcel ID numbers 07-22-28-0000-00-026, 07-22-28-0000-00-096,07-22-28-0000-00-024 and 07-22-28-0000-00-066,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. 4839-5118-5654, V. 1 IN WITNESS WHEREOF,the County and the City have executed this First 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 4839-5118-5654,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 4839-5118-5654,v. 1 EXHIBIT "A" (Parcel ID 07-22-28-0000-00-026) Exhibit A: Parcel 072228000000026 Surrounding Future Land Use Map �►%j =. It ■� „k(„„., Allikl . i . SupPOrt Servine WY �' Depa,aneni 4, e: „Lit ..„,(4,—Mal ,50500 1,000 -in 2 f �■ '° .-- OFeet iTF (( _y Created: August 2021 fic�a � !! 0 L7� ■ iyfLe SrG . 011 I ! i • V�• •o.. 41.11.-111 ISubject Property h t'IMBI _ uNI e Land Use Classification: ��'11�- i 1‘.\ "ill , � _ mrossumin Low Density Residential(LDR) ra It�\•��p " II-TT �'�`I''�� Medium Density Residential(MDR) pi M Ir.,/ M. I w P... 0111111 Il�l�l�� am 13 Er MN irg3 Public Facilities/Institutional(INST) I��liii, 4.1 , 4 :apt," L map 1 - 01 7 I Ella AI -,:e.lime" r.,I r'� mo•• w lc1�, 5 4839-5118-5654,v. 1 EXHIBIT "A" (CONT'D) (Parcel ID 07-22-28-0000-00-096) Exhibit A: Parcel 072228000000096 Surrounding Future Land Use Map 0 4 I.0 rwriar - - - ----_ ,■..... NST�" ld Ocoee U ...(v.„ , IA\ ,IUpopidti i ,Aare • 1 o zso soo tow I Ill� Ea,,, • ��q OFAN .I1l. ■ \$Created: August 2021 far13 1- -� � �■ s ..Oq, Gil..ms_rICtMilMIN I= aSubject Property j, .. A ,"✓ , R `.. ...�?T�Z1 I ,. `�\ Mili 11111IFuture Land Use Classification r••��Low Density Residential(LDR) u j. lIIIIII� ■ "F^.4'1:2r"l Y_.>_. Medium Density Residential(MDR) lei r sows 1 V i S. `•WI 11111 I UMII1' MI High Density Residential(HDR) .� � - �♦. , �1 =Professional Offices and Services(PS,hia ,�� .4 ' i =Commercial(COMM) •�!��'r MI f ,I all EnIndustrial(LI) 11 Fn a Irk •';1 L IM Heavy Industrial(HI) mer W„`i`-. 1 ra En Recr a Bono nd Open ins(CONS) •era EI 1111111 MN Recreation and Open Space(REC) i•�j r IIM Public Facilities/Institutional(INST) l� •I, , ■I•ta`MI IIM!,1 IIII whil r 11111111:1111. rA II •� `-MEM i r .ull� ..� r:• !!I ..Irk+�� W 1 K Ii •�_ rdi �{�� rl I 6 4839-5118-5654,v. 1 EXHIBIT "A" (CONT'D) (Parcel ID 07-22-28-0000-00-024) Exhibit A: Parcel 072228000000024 Surrounding Future Land Use Map 0 4V-11, ocoee 11 i . 0Support Sorviess Doporemot 250 500 1,000 !MU f' — nià'** ;� Feet _m.all !I!UV1 p Created: August 2021 rasa r NI IX/MI.. iIII_• 0Subject Property h Moll ,a� RI giPT411w'^ .."ask a��, Future Land Use Classification: �K♦''" �� `— jjjj r . L ■High Density Residential(HDR) I L�,�r�� ■Professional Offices and Services(PS N�jyM�?O�Ti'q':_ MI ■Commercial(COMM) I111�Iara ra�t+�■ 1:a ra ■ iqr1 Light Industrial(LI) �,��/:?" . NMI■Heavy Industrial(HI) •il Mil ENConservation/Fllains(CONS) ;:ius Recreation and Space(REC)■ !i �- �=Public Facilitiesutional(INST) :, ',I lii.. it �_ ` 'fill MI ry e 61M. .. iS . .il asi . . am. TO I 7 4839-5118-5654,v. 1 EXHIBIT "A" (CONT'D) (Parcel ID 07-22-28-0000-00-066) Exhibit A: Parcel 072228000000066 Surrounding Future Land Use Map 0 3 .„iGocoee !ell „ : ill Support Depetment ./�� illi. J. , .it__.. \ emit // gor-dir lib 0 250 500 1.000 „�r MOMS reef IIIP.4 FFP ��III tV\ � Created. August 2C21 F/f�3 it•!TA. : 7 • Lug \ mall aSubject Property r,y��rjiy�� r I Future Land Use Classification: �1-,1: T7C7!: k ,` _ iipp �p pal 1 N rerallu ��m 1 .. Low Density Residential(LDR) �afflDy I • l" fie' ,.+,Medium Density Residential(MDR) ��U I_, Ir.ing. L f,-�� 1 1111 u 11.High Density Residential(HDR) ' y.fr : �� =Professional Offices and Services(PS\�jy�k, i Ira_�_ �Commercial(COMM) min. i.rz , &M I_ Y Light Industrial(LI) II y.. -,c?Rs • L_._ so Heavy Industrial(HI) • .e, i! EErEi iR i/yy6i� _� NS) �-REC) i; ■ -NST) Il '� �r li rfie)m r mrmIN allow .„. .,, . . ...., MI] iS t'l!:! 8 4839-5118-5654,v. 1 0 750 1,500 3,000 0 Feet 1rM+1 EXHIBIT "B" I��-.. J�� Fd� .'�It� -ni �dF�l��•� ORLANDO GENEVA ST MAINEST a P an W COLONIAL D_- ��- O.. NiERGARDEa /� Pil \ LL �= IM it A/MA q11 Exhibit B Future Land Use within the Ocoee/Orange County Joint Planning Area (JPA) Agreement �El ROBERSON RD o: L Low Density Residential (<4 DU/AC) O JPA Boundary c z—I Medium Density Residential (4-8 DU/AC) Waterbody High Density Residential (9-16 DU/AC) Tax Parcel r' Professional Offices and Services Major Street Commercial Light Industrial Heavy Industrial ��• _ Conservation/Floodplains Recreation/Open Space Public Facilities/Institutional