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HomeMy WebLinkAboutItem 10 Public Hearing for a Fourth Amendment to the JPA City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: February 4, 2025 Item #: 10 Contact Name: Anoch Whitfield Department Director: Ginger Corless Contact Number: Ext. 1016 City Manager: Craig Shadrix Subject: Public Hearing for a Fourth Amendment to the JPA Agreement between the City of Ocoee and Orange County. (Zoning Manager Whitfield) Background Summary: The area proposed for the Fourth Amendment to the City of Ocoee-Orange County Joint Planning Area (JPA) is comprised of seven (7) parcels, assigned parcel ID numbers 07-22-28-0000-00-074, 07-22-28-0000-00-105, 07-22-28-0000-00-039, 07-22-28-0000-00-041, 07-22-28-0000-00-043, 07-22-28-0000-00-057 and 07-22-28- 0000-00-060. These properties are part of the Ocoee Regional Sports Complex Planned Unit Development (PUD). Five (5) of the subject properties (parcels ending in -039, -043, -074, and -105) are located on the east side of Ocoee Apopka Road, and the remaining two (2) are generally located on the west side of North Lakewood Avenue. Combined they consist of approximately 17.87 acres. The applicant proposes to develop the 150-acre Ocoee Regional Sports Complex project, which will include baseball fields, retail, restaurant, hotel, civic/assembly, office, indoor sports, and other commercial uses. In order for the proposed project to proceed, the JPA Future Land Use Map (FLUM) needs to be amended to change the land use designation of the subject properties from Low Density Residential (LDR) to Commercial (COMM). Though the proposed Commercial FLUM designation within the City permits up to a 3.0 floor area ratio, the proposed Regional Sports Complex includes a Large-Scale Comprehensive Plan Future Land Use Map and Text Amendment, which, among other parameters, limits the maximum FAR to 0.4 and establishes a maximum development program of 1.33 MSF of commercial (inclusive of the square footage of the hotel buildings) and maximum net new external daily traffic trips of 17,960 trips. Evaluation of impacts from the proposed project on transportation, utilities and natural resources was conducted as part of the Large-Scale Comprehensive Plan FLUM and Text Amendment and Rezoning processes. The proposed Fourth JPA Amendment is consistent with the City's goals of increasing availability of commercial lands and improving economic opportunities in the city limits. Issue: Should Honorable Mayor and City Commissioners approve the Fourth Amendment to the City of Ocoee- Orange County Joint Planning Area Agreement (JPA), amending the JPA Land Use Map from Low Density Residential (LDR) to Commercial (COMM) for approximately 17.87 acres of land, assigned parcel ID numbers 07-22-28-0000-00-074, 07-22-28-0000-00-105, 07-22-28-0000-00-039, 07-22-28-0000-00-041, 07-22-28- 0000-00-043, 07-22-28-0000-00-057 and 07-22-28-0000-00-060? Recommendations: Staff recommends that the Honorable Mayor and City Commissioners approve the Fourth Amendment to the Page 181 of 195 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org City of Ocoee-Orange County Joint Planning Area Agreement (JPA), amending the JPA Land Use Map from Low Density Residential (LDR) to Commercial (COMM) for approximately 17.87 acres of land, assigned parcel ID numbers 07-22-28-0000-00-074, 07-22-28-0000-00-105, 07-22-28-0000-00-039, 07-22-28-0000-00-041, 07-22-28-0000-00-043, 07-22-28-0000-00-057 and 07-22-28-0000-00-060. Attachments: 1. Existing FLUM JPA - 4th Amendment 2. Proposed FLUM JPA - 4th Amendment 3. Fourth Amendment to JPA_FLU Map Amendment 4. Advertisement Financial Impacts: N/A Type of Item: Public Hearing Page 182 of 195 W COLONIAL DR CLARKE RD WESTERN EXPRESSWAY MAGUIRE RD HEM PEL AV OCOEE APOPKA RD MCCORMICK RD STORY RD E A S T W E S T E X CLARCONA OCOEE RD GOOD HOMES RD APO PKA VINELAND RD A D M I M S R D OLD WINTER GARDEN RD WURST RD ROBERSON RD CLARKE RD FLTURNPIKE P L A N T S T MAINE ST EAST CROWN POINT RD GENEVA ST BLUFORD AV ORLANDO AV TOMYN BV M A G U IR E R D SILVER STAR RD MARSHALL FARMS RD LAKERHEA TROUTLAKE LAKEADDAH LAKESIMS LAKEMEADOW STARKELAKE SPRINGLAKE LAKEOLYMPIA LAKESTANLEY LAKEJOHIO LOTTA LAKELILLY PRAIRIELAKE LAKEBENNET LAKEHACKNEY LAKE LAKE PRIMA VISTA LAKEMOXIE PEACHLAKE LAKEAPOPKA LAKEWHITNEY Subject Properties Legend WO Trail JPA Boundary Agricultural (A-1) Low Density Residential (<4 DU/AC) Medium Density Residential (4-8 DU/AC) High Density Residential (9-16 DU/AC) Professional Offices/Services Commercial Light Industrial Heavy Industrial Conservation/Floodplains Recreation/Open Space Public Facilities/Institutional Future Land Use within the Ocoee/Orange CountyJoint Planning Area (JPA) Agreement Boundary Existing JPA Future Land Use Map I 0 2,500 5,0001,250 Feet Document Path: M :\ProjData\LM \Anoch Projects\Commission Meeting Maps\Existing FLUM JPA - 4th Amendment.mxdPage 183 of 195 W COLONIAL DR CLARKE RD WESTERN EXPRESSWAY MAGUIRE RD HEM PEL AV OCOEE APOPKA RD MCCORMICK RD STORY RD E A S T W E S T E X CLARCONA OCOEE RD GOOD HOMES RD APO PKA VINELAND RD A D M I M S R D OLD WINTER GARDEN RD WURST RD ROBERSON RD CLARKE RD FLTURNPIKE P L A N T S T MAINE ST EAST CROWN POINT RD GENEVA ST BLUFORD AV ORLANDO AV TOMYN BV M A G U IR E R D SILVER STAR RD MARSHALL FARMS RD LAKERHEA TROUTLAKE LAKEADDAH LAKESIMS LAKEMEADOW STARKELAKE SPRINGLAKE LAKEOLYMPIA LAKESTANLEY LAKEJOHIO LOTTA LAKELILLY PRAIRIELAKE LAKEBENNET LAKEHACKNEY LAKE LAKE PRIMA VISTA LAKEMOXIE PEACHLAKE LAKEAPOPKA LAKEWHITNEY Subject Properties Legend WO Trail JPA Boundary Agricultural (A-1) Low Density Residential (<4 DU/AC) Medium Density Residential (4-8 DU/AC) High Density Residential (9-16 DU/AC) Professional Offices/Services Commercial Light Industrial Heavy Industrial Conservation/Floodplains Recreation/Open Space Public Facilities/Institutional Future Land Use within the Ocoee/Orange CountyJoint Planning Area (JPA) Agreement Boundary Proposed JPA Future Land Use Map I 0 2,500 5,0001,250 Feet Document Path: M :\ProjData\LM \Anoch Projects\Commission Meeting Maps\Proposed FLUM JPA - 4th Amendment.mxdPage 184 of 195 1 FOURTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE THIS FOURTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (the “Fourth Amendment”) is made and entered into this _____ day of ___________________, 2025, 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, and that certain Third Amendment to the Joint Planning Area Agreement dated on September 27, 2022, (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 Fourth 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 City and the County have considered this Fourth Amendment and made recommendations to the Ocoee City Commission and the Orange County Board of County Commissioners, respectively; WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, and the Joint Planning Area Agreement, this Fourth Amendment has been approved at advertised public hearings by a majority vote of both the Ocoee City Commission and the Orange County Board of County Commissioners. Page 185 of 195 2 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 City and the County hereby agree as follows: Section 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. Section 2. Authority. This Fourth 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 Fourth Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Joint Planning Area Land Use Map. 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 Commercial of the properties bearing Parcel ID numbers 07-22-28-0000-00-074, 07-22-28-0000-00-105, 07-22-28-0000-00-039, 07-22-28-0000-00-041, 07-22-28-0000-00-043, 07-22-28-0000-00-057, and 07-22-28-0000-00-060 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. IN WITNESS WHEREOF, the City and the County have executed this Fourth Amendment on behalf of the City and the County, respectively, and have set their seals hereto as of the date set forth above. Space Intentionally Blank Page 186 of 195 3 CITY: Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA Presence of: By:_____________________________ By: ____________________________ Print Name: ______________________ Rusty Johnson, Mayor By: ______________________________ Print Name: _______________________ Attest: _________________________ Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD Approved as to form and legality ON ___________________, 20___ UNDER this ____ day of ______________, 20___. AGENDA ITEM NO. _____. FISHBACK DOMINICK By: __________________________ Richard Geller, City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, by means of ☐ physical presence or ☐ online notarization, 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, FLORIDA, and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this ____ day of _____________________, 2025. ____________________________________ Signature of Notary ____________________________________ Name of Notary (typed, printed or stamped) Commission Number (if not legible on seal):__________ Commission expires (if not legible on seal):__________ ORANGE COUNTY, FLORIDA Page 187 of 195 4 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: Page 188 of 195 5 EXHIBIT “A” Parcel ID Numbers 07-22-28-0000-00-057 (6.09 ACRES) BEG SW COR NE1/4 OF SE1/4 N 349.5 FT E 663 FT S 353.9 FT W 663.8 FT TO POB & N 50 FT OF S 125 FT OF E1/2 OF NE1/4 OF SE1/4 OF SEC 07-22-28 07-22-28-0000-00-041 (2.23 ACRES) BEG 574.86 FT S 1 DEG W FROM CENTER OF SEC RUN N 87 DEG E 219.78 FT N 1 DEG E 214.5 FT N 87 DEG E 239.66 FT TH S 1 DEG W 314.53 FT S 87 DEG W 458.80 FT N 100 FT TO POB (LESS W 30 FT RD R/W) IN SEC 07-22-28 07-22-28-0000-00-039 (2.10 ACRES) BEG NW COR OF SE1/4 RUN S 8.71 CHS E 3.33 CHS N 3.35 CHS NWLY TO BEG & NE1/4 OF SW1/4 E OF RD SEC 07-22-28 07-22-28-0000-00-043 (5.02 ACRES) FROM THE NW COR OF NW1/4 OF SE1/4 RUN S 1 DEG W 674.86 FT N 87 DEG E 0.98 FT FOR POB THN N 87 DEG E 458.80 FT N 1 DEG E 314.53 FT N 87 DEG E 283.06 FT S 1 DEG W 650.10 FT S 87 DEG W 221.90 FT N 1 DEG E 228.76 FT W 519.27 FT N 1 DEG E 104.17 FT TO POB (LESS W 30 FT RD R/W) IN SEC 07-22-28 07-22-28-0000-00-105 (1.18 ACRES) (NOTE: AGRICULTURAL PORTION OF FOLLOWING DESCRIBED PROPERTY) FROM THE CENTER OF SEC RUN S 01 DEG W 779.03 FT TH N 88 DEG E 1.48 FT FOR POB TH N 88 DEG E 519.27 FT S 01 DEG W 228.76 FT S 87 DEG W 27 FT N 01 DEG W 3.91 FT S 88 DEG W 318.03 FT N 01 DEG E 125 FT S 88 DEG W 173.77 FT N 01 DEG E 100 FT TO POB IN SEC 07-22-28 (LESS RD R/W ON W) 07-22-28-0000-00-060 (1.08 ACRES) BEG AT SE COR OF NE1/4 OF SE1/4 RUN W 656 FT N 75 FT E 656 FT S 75 FT TO POB (LESS E 30 FT FOR R/W) IN SEC 07-22-28 AND 07-22-28-0000-00-074 (1.00 ACRE) (NOTE: HX PORTION OF FOLLOWING DESCRIBED PROPERTY) FROM THE CENTER OF SEC RUN S 01 DEG W 779.03 FT TH N 88 DEG E 1.48 FT FOR POB TH N 88 DEG E 519.27 FT S 01 DEG W 228.76 FT S 87 DEG W 27 FT N 01 DEG W 3.91 FT S 88 DEG W 318.03 FT N 01 DEG E 125 FT S 88 DEG W 173.77 FT N 01 DEG E 100 FT TO POB IN SEC 07-22-28 (LESS RD R/W ON W) Page 189 of 195 6 EXHIBIT “B” JPA Future Land Use Map Page 190 of 195 FIRST INSERTIONCITY OF OCOEENOTICE OF PUBLIC HEARINGTO CONSIDER THEFOURTH AMENDMENT TO THE JOINT PLANNING AREA AGREEMENTBETWEEN THE CITY OF OCOEE AND ORANGE COUNTYNOTICE IS HEREBY GIVEN, that the City of Ocoee proposes to amend the Joint Planning Area Agreement (JPA) with Orange County. This agreement sets forth log-ical areas that could be annexed into the City and the appropriate land uses for an-nexed parcels. The proposed Fourth Amendment to the Agreement is for proposed changes to the Joint Land Use Map to change the designation for certain properties already in the JPA boundary from Low Density Residential (LDR) to Commercial (COMM). 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, FEBRUARY 4, 2025, at 6:15 P.M. or as soon thereafter as practical, at the City of Ocoee Commission Chambers, 1 North Bluford Avenue, Ocoee, Florida. Interested parties may appear at the public hearing and be heard with respect to the proposed action. The complete case file may be inspected at the Ocoee Devel-opment Services Department, located at 1 North Bluford Avenue, Ocoee, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except for 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. You are advised that any person who desires to appeal any deci-sion 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. In ac-cordance with the Americans with Disabilities Act, persons needing a special accom-modation or an interpreter to participate in this proceeding should contact the City Clerk’s Office 48 hours in advance of the meeting at (407) 905-3105.Melanie Sibbitt, City Clerk January 23, 2025 25-00268W Page 191 of 195