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
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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
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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