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HomeMy WebLinkAboutItem 17 Public Hearing for a Third Amendment to the Joint Planning Area Agreement (JPA) with Orange County for Isaak Malka Property, 2199 West Road, JPA-21-003AGENDA • SHEET Meeting Date: August 16, 2022 Item #: ' ,Reviewed By: Contact Name: Anoch Whitfield, Zoning Department Director Contact Number: Ext. 1016 City Manager: Subject: Third Amendment to the Ocoee -Orange County Joint Planning Area Agreement (JPA) Commission District 1, Larry Brinson, Sr. Michael Rum r Robert Fra #� Background Summary: The area proposed for the Amendment to the City of Ocoee -Orange County Joint Planning Area (JPA) is comprised of one (1) parcel known as the proposed Isaak Malka Planned Unit Development (PUD). The subject property is located at 2199 West Road and contains approximately 5.08 acres. The applicants propose to develop a 48-lot single-family attached (fee simple townhome) subdivision, which is represents a density of 9.5 units per acre. In order for the proposed project to proceed with the Annexation, Small -Scale Comprehensive Plan Future Land Use Map amendment and Rezoning of the property, the JPA Future Land Use Map needs to be amended to change the land use designation of the property from Low Density Residential (LDR) (density of 4 units per acre) to High Density Residential (HDR) (density of 8 to 16 units per acre). No other map or text amendments are proposed with this Amendment. Issue: Should Honorable Mayor and City Commission approve the Third (31d) Amendment to the City of Ocoee -Orange County Joint Planning Area Agreement (JPA), amending the JPA Land Use Map from Low Density Residenital (LDR) to High Density Residential (HDR) for 5.08 acres of land located at 2199 West Road? Recommendations: Staff recommends that the Honorable Mayor and City Commission approve the Third (3rd) Amendment to the City of Ocoee -Orange County Joint Planning Area Agreement (JPA), amending the JPA Land Use Map from Low Density Residenital (LDR) to High Density Residential (HDR) for 5.08 acres of land located at 2199 West Road. Attachment: JPA Existing Future Land Use Map JPA Proposed Future Land Use Map Third Amendment to Joint Planning Area Agreement between Orange County and the City of Ocoee Financial Impact: N/A Type of Item: (please marls with an 'k ) ® Public Hearing ❑ Ordinance First Reading ❑ Ordinance Second Reading ❑ Resolution ® 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 For Clerk's Dept Use: ❑ Consent Agenda Public Hearing ❑ Regular Agenda 2 JPA Existing Future Land Use Map 0 MCCORM ICI(Rn 0 1,00(2,000 4,000 lr u/_f. Feet t LAKE I 1 Subject Property �:/4/A1,, 0 LIKE K t/F_A/)( Y '`CLARCONA OCOEE RD U In o A7: cc 5 W PR.I1R/l: Q a 0 a NNRST RD ,T s 2 J w p I Y /IA // I i �' r.lti; 6 W I I--k-I-- 'N. 1 . II SILVER STAR RD Njsj STARKE KE¢ LAKR1 ¢ 0 O0:18LI W CO Or L W u_ Q J co . § _ LAKE S■T PRL1 U ORLANDO AV 1757,4 a�' • f STORY RD GENEVA ST c c c c MAINE ST y I.IA/ faty\L1 WCOLONIALDR _ / LAKE silk _._-Ut\ - I OfDµ1NTfRGgRDE 1, L` - nBV c.</ L111 - - r Li •?tiA Future Land Use within the Ocoee/Orange County Joint Planning Area(JPA)Agreement Boundary JPA Boundary W 5 Agricultural(A-1) a Low Density Residential(<4 DU/AC) � � Medium Density Residential(4-8 DU/AC) ROBERSONI R2 '�� _ A High Density Residential(9-16 DU/AC) Ifillk Professional Offices/Services Commercial _ Light Industrial _ Heavy Industrial _ Conservation/Floodplains Recreation/Open Space Public Facilities/Institutional JPA Proposed Future Land Use Map 0 MccnREArK an 0 1,00lp,000 4,000 nro'UKL Feet LAKE sLS/s li J Subject Property LAAI/^ .�oAfr JPOPF: ! LAKE K 1.4lEATAL., Ylld I CLARCONA OCOEE RD d 0 LALE 0 !W z PRAIRIE > LAKE z aa 1 L WURSTRD '.aL IS PO MIM c, u5 aPEACH z LAKE W [ z n , Y �7 O LIKE SPRI\.. 00 3 a A/0.111: LAKE L. O g UST !OHIO c. w N. .I • SILVER STAR RD G L j STARKE LAKE Y i ¢ LAKE it 0 - 2 OLIMH'LI W ! K O Y a on c RAKE PRAIA Ili 1. • R ORLANDO AV 11571 R I .. STORY RD GENEVA ST ,g �`� MAINE ST LAKE RI/EVEr WCOLONIALDR __ I L+R) `, -, I ll OLD WINTf RGARD f + t, ' ca By LI L7 urn i ST WEST EX C . I �<TG ��� �-� - C Q4A Future Land Use within the Ocoee/Orange County t: Joint Planning Area(JPA)Agreement Boundary 0MINJPA Boundary cc s Agricultural(A-1) T s Low Density Residential(<4 DU/AC) 041, ROBERSON F Medium Density Residential(4-8 DU/AC) J <� +"i 1 High Density Residential(9-16 DU/AC) ' k Professional Offices/Services Commercial Kt Light Industrial Heavy Industrial Conservation/Floodplains Recreation/Open Space Public Facilities/Institutional THIRD AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE THIS THIRD AMENDMENT TO JOINT PLANNING AREA AGREEMENT (the "Third Amendment") is made and entered into this day of , 2022, 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 and that certain Second Amendment to Joint Planning Area Agreement both dated on November 30, 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 Third 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 Third 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 Third 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 Third 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 Third Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Joint Planning Area Land Use Mau. 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 High Density Residential of the property bearing Parcel ID number 05-22-28-0000- 00-029 and as further described 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. Space Intentionally Blank 2 4823-5005-8998, v. 1 IN WITNESS WHEREOF, the County and the City have executed this Third 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 JERKY L. DEMINGS Orange County Mayor Date: ATTEST: Phil Diamond, County Comptroller As Clerk of the Board of County Commissioners By: Deputy Clerk Date: Space Intentionally Blank 4823-5005-8998, v. 1 WITNESSES: Name: Name: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2022. SHUFFIELD, LOWMAN & WILSON, P.A. am City Attorney STATE FLORIDA COUNTY OF ORANGE CITY OF OCOEE, a Florida municipal corporation C RUSTY JOHNSON Mayor Date: Attest: Melanie Sibbitt, City Clerk Date: APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2022, UNDER AGENDA ITEM NO. 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 .2022. (seal) 0 Signature of Notary Name of Notary (type, printed or stamped) My Commission expires on: 4823-5005-8998, v. 1 EXHIBIT "A" Parcel ID 05-22-28-0000-00-029 BEGINNING AT A POINT 30 FEET NORTH OF THE SOUTHWEST CORNER OF THE WEST ONE HALF OF THE SOUTHWEST 1/4 OF THE NORTHWEST'/4 OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, PROCEED NORTH 89016'00" EAST 400 FEET, THENCE NORTH 550 FEET, THENCE WESTERLY 400 FEET, THENCE SOUTHERLY 558 FEET ALONG THE WEST LINE TO THE POINT OF BEGINNING, AND LYING AND BEING IN ORANGE COUNTY, FLORIDA. 5 4823-5005-8998, v. 1 EXHIBIT "B" JPA Future Land Use Map 0 ,,:. MCr.ORAA1rK Pn Rt l 1.it 0 1,00 P,000 4,000 IA1 %Feet Ilk' 7-01 `e {FF' - Subject Property APOPF,I Likl f' O `i i1f:ill( Y 0.- 5 CLARCONA OCOEE RD Oil L.IL (e-P F Y(LI/Rll:' L4AT ''� WURST RD iIRSThRRD 0. Lu Lu SS( -*'''..t.�..-.. - STARFF LIKE - ♦- 1 aClip ¢ 1 - 11/.3blPL! w 1.! W _ O K cc g (--1�, L7A7!' 1 PRLICI III""' a 5/ORLANDO AV 17. A (! I+ STORY RD .r GENEVA ST y ..+� s c MAINE ST c c L4XA' Q t3(sVct7 W COLONIAL DR __ I /_r.: sib I tin • oto ly(NrE.R - - TOWN EV .,F •�.'' UJLU _-.,J.� Future Land Use within the Ocoee/Orange County Joint Planning Area(JPA)Agreement Boundary JPA Boundary Agricultural(A-1) Low Density Residential(<4 DU/AC) �� Medium Density Residential(4-8 DU/AC) ROBERSON RD ,a. High Density Residential(9-16 DU/AC) Professional Offices/Services Commercial {Ar Light Industrial 1. Heavy Industrial l:IA t/I!I ' ' um Conservation/Floodplains Recreation/Open Space AM Public Facilities/Institutional Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER THE THIRD AMENDMENT TO TIM J0114TPLANNINGAREAAGREEMENT BETWEEN THE CITY OF OCOEE AND ORANGE COUNTY NOTICE IS HEREBY GIVEN that the City of Ocoee proposes to emend a Joint Planning Area Agreement (JPA) 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 Third Amendment to the Agreement is -for proposed changes to the Joint Land Use Map for certain properties already in the JPA. The proposed changes are proposed to proceed with the annexation of properties. The OCOEE CITY COMMISSION will hold a public hearing on the proposed JPA Amendment on TUESDAY, AUGUST 16, 2022, at 6016 P.M. or as soon thereafter as practical, at the City of Ocoee Commission Chambers, I North Blufmd Avenue, Ocoee, Florida. Interested parties may appear at the public hearing and be heard with respect to the proposed actions. The complete case file may be inspected at the Ocoee Devel- opment Services Department,1 Bluford Avenue, Ocoee, Florida, between the hours of 6:00 am. and 6:00 p,m., Monday through Friday, except legal holidays, The City Commission may continue the public hearing to other dates and times, as it deems necessaey.,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. You are advised that any person who desires to appeal any decision made during the public hearings will need a record of the proceedings and, for this purpose, may need to ensure that a verbatim 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 ClerYs Office 48 hours in advance of the meeting at (407) 905-3105. .August 4, 2022 22-02759W