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HomeMy WebLinkAboutItem #18 Past Joint Planning Area Amendments and Future Land Use Map Clean-up Meeting Date: September 21,2010 Item # \ 8 " Contact Name: Contact Number: Michael Rumer/?J.tf X 1018 Reviewed By: Department Director: City Manager: Subject: Past JPA Amendments & Future Land Use Map Clean Up Large Scale Comprehensive Plan Amendment CPA-2010-006 Background Summary: The City proposes to update Figure 1 (Existing Land Use Map) and Figure 2 (Future Land Use Map) of the Future Land Use Element of the Ocoee Comprehensive Plan to reflect annexations and comprehensive plan amendments adopted since the adoption of CPA-2001-1-1; and to (i) incorporate by reference the Fifth through the Fifteenth Joint Planning Area Agreement Amendments; (ii) amend Subsection I of the Future Land Use Element in order to reflect the Fifth through the Sixteenth Joint Planning Area Agreement Amendments; (iii) amend the Future Land Use Map (Figure 2) to conform to the Joint Planning Area Agreement, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 2; and (iv) amend the Existing Land Use Map (Figure 1) to conform to the Joint Planning Area Agreement, as amended and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 1. Issue: Should the Honorable Mayor and City Commissioners recommend approval of a Large Scale Comprehensive Plan Amendment which will (i) amend the Intergovernmental Coordination Element to incorporate into the Ocoee Comprehensive Plan Amendments Five (5) through Fifteen (15) to the Ocoee/Orange County Joint Planning Area Agreement (JPA), (ii) amend Subsection I of the Future Land Use Element in order to reflect Amendments Five through Sixteen (16) to the JPA; (iii) amend the Future Land Use Map (Figure 2) of the Ocoee Comprehensive Plan to conform to the JPA, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 2; and (iv) update the Existing Land Use Map (Figure 1) to conform to the JPA, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 1 and (v) direct staff to transmit the proposed amendment to the Department of Community Affairs (DCA) for review and comment? Recommendations: Planning and Zoning Commission: The proposed comprehensive plan amendments were reviewed at a public hearing by the Planning & Zoning Commission acting as the Local Planning Agency (LPA) on September 14, 2010. The LPA recommend approval of: (i) amending the Intergovernmental Coordination Element to incorporate into the Ocoee Comprehensive Plan Amendments Five (5) through Fifteen (15) to the Ocoee/Orange County Joint Planning Area Agreement (JPA), (ii) amend Subsection I of the Future Land Use Element in order to reflect Amendments Five through Sixteen (16) to the JPA; (iii) amend the Future Land Use Map (Figure 2) of the Ocoee Comprehensive Plan to conform to the JPA, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 2; and (iv) update the Existing Land Use Map (Figure 1) to conform to the JPA, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 1. Staff Recommendation: Staff recommends that the Honorable Mayor and City Commissioners approve a Large Scale Comprehensive Plan Amendment which will (i) amend the Intergovernmental Coordination Element to incorporate into the Ocoee Comprehensive Plan Amendments Five (5) through Fifteen (15) to the Ocoee/Orange County Joint Planning Area Agreement (JPA), (ii) amend Subsection I of the Future Land Use Element in order to reflect Amendments Five through Sixteen (16) to the JPA; (iii) amend the Future Land Use Map (Figure 2) of the Ocoee Comprehensive Plan to conform to the JPA, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 2; and (iv) update the Existing Land Use Map (Figure 1) to conform to the JPA, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 1 and (v) direct staff to transmit the proposed amendment to the Department of Community Affairs (DCA) for review and comment. Attachments: Ordinance Financial Impact: None Type of Item: (please mark with an "x') ~ Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's DefJt Use: _ Consent Agenda _ Public Hearing _ Regular Agenda 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 0 N/A N/A N/A 2 ORDINANCE NO. CASE NO. CPA-2010-006: 2010 UPDATE COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT OF THE COMPREHENSIVE PLAN TO ADD THE FIFTH THROUGH FIFTEENTH AMENDMENTS TO THE JOINT PLANNING AREA AGREEMENT BETWEEN THE CITY OF OCOEE AND ORANGE COUNTY, FLORIDA; AMENDING THE FUTURE LAND USE ELEMENT TO REFLECT THE FIFTH THROUGH SIXTEENTH AMENDMENTS TO THE JOINT PLANNING AREA AGREEMENT; AMENDING THE FUTURE LAND USE MAP (FIGURE 2) TO CONFORM TO THE JOINT PLANNING AREA AGREEMENT, AS AMENDED, AND TO REFLECT SMALL SCALE COMPREHENSIVE PLAN AMENDMENTS AND ANNEXATIONS SINCE SEPTEMBER 2002; AMENDING THE EXISTING LAND USE MAP (FIGURE 1) TO CONFORM TO THE JOINT PLANNING AREA AGREEMENT, AS AMENDED, AND TO REFLECT SMALL SCALE COMPREHENSIVE PLAN AMENDMENTS AND ANNEXATIONS SINCE JANUARY 2001; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 18, 1991, the City Commission of the City of Ocoee (the "Ocoee City Commission") adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance No. 91-28, which has been amended from time to time (the "Ocoee Comprehensive Plan"); and WHEREAS, on February 11, 1994, Orange County, Florida (the "County") and the City entered into that certain Joint Planning Area Agreement, which has been amended from time to time (the "Joint Planning Area Agreement"); and WHEREAS, the Joint Planning Area Agreement was incorporated into and made a part of the Ocoee Comprehensive Plan by CP A-95-1-1 (Ordinance Number 96-02), adopted February 20, 1996, and subsequently amended by CPA 99-002 (Ordinance Number 2000-16), adopted May 16,2000, and by CPA 2002-1-1 (Ordinance Number 2002-11), adopted October 1, 2002; and ORLA_ 1613286.1 -1- WHEREAS, subsequent to the incorporation of the Joint Planning Area Agreement into the Ocoee Comprehensive Plan and above-referenced amendments thereto, the City and the County have made further amendments to the Joint Planning Area Agreement, as set forth below: i. Effective July 15, 2003, the City and the County entered into that certain Fifth Amendment to Joint Planning Area Agreement, a true copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (the "Fifth JP A Amendment"); and ii. Effective July 15, 2003 the City and the County entered into that certain Sixth Amendment to Joint Planning Area Agreement, a true copy of which is attached hereto as Exhibit "B" and incorporated herein by reference (the "Sixth JP A Amendment"); and 111. Effective February 10,2004, the City and the County entered into that certain Seventh Amendment to Joint Planning Area Agreement, a true copy of which is attached hereto as Exhibit "C" and incorporated herein by reference (the "Seventh JP A Amendment"); and iv. Effective February 10, 2004, the City and the County entered into that certain Eight Amendment to Joint Planning Area Agreement, a true copy of which is attached hereto as Exhibit "D" and incorporated herein by reference (the "Eighth JP A Amendment"); and v. Effective February 10, 2004, the City and the County entered into that certain Ninth Amendment to Joint Planning Area Agreement, a true copy of which is attached hereto as Exhibit "E" and incorporated herein by reference (the "Ninth JP A Amendment"); and vi. Effective February 10,2004, the City and the County entered into that certain Tenth Amendment to Joint Planning Area Agreement, a true copy of which is attached hereto as Exhibit "F" and incorporated herein by reference (the "Tenth JPA Amendment"); and vii. Effective April 6, 2004, the City and the County entered into that certain Eleventh Amendment to Joint Planning Area Agreement, a true copy of which is attached hereto as Exhibit "G" and incorporated herein by reference (the "Eleventh JP A Amendment"); and V11l. Effective August 4,2004 the City and the County entered into that certain Twelfth Amendment to Joint Planning Area Agreement, a true copy of which is attached hereto as Exhibit "H" and incorporated herein by reference (the "Twelfth JP A Amendment"); and ORLA_1613286.1 -2- ix. Effective November 29, 2005, the City and the County entered into that certain Thirteenth Amendment to Joint Planning Area Agreement, a true copy of which is attached hereto as Exhibit "I" and incorporated herein by reference (the "Thirteenth JP A Amendment"); and x. Effective January 27, 2009 the City and the County entered into that certain Fourteenth Amendment to Joint Planning Area Agreement, a true copy of which is attached hereto as Exhibit "J" and incorporated herein by reference (the "Fourteenth JPA Amendment"); and xi. Effective January 27, 2009, the City and the County entered into that certain Fifteenth Amendment to Joint Planning Area Agreement, a true copy of which is attached hereto as Exhibit "K" and incorporated herein by reference (the "Fifteenth JP A Amendment"); and xii. Effective December 4,2009, the City and the County entered into that certain Sixteenth Amendment to Joint Planning Area Agreement (the "Sixteenth JP A Amendment") which has been incorporated into the Ocoee Comprehensive Plan by Comprehensive Plan Amendment Number ; and WHEREAS, the City desires to update the Ocoee Comprehensive Plan to reflect therein the above-referenced amendments to the Joint Planning Area Agreement; and WHEREAS, the last update to Figure 2 (Future Land Use Map) of the Future Land Use Element of the Ocoee Comprehensive Plan was made as part of Comprehensive Plan Amendment CPA-2002-1-1 and the City desires to update the Ocoee Comprehensive Plan so that it conforms to the JP A Amendments enacted since that time; and WHEREAS, the last update to Figure 1 (Existing Land Use Map) of the Future Land Use Element of the Ocoee Comprehensive Plan was made as part of Comprehensive Plan Amendment CPA-2002-1-1 and the City desires to update the Ocoee Comprehensive Plan so that it conforms to the JP A Amendments enacted since that time; and WHEREAS, subsequent to the adoption of Comprehensive Plan Amendment CPA-2002-1-1, the City has annexed certain parcels of property pursuant to the following ordinances: Ordinance No. Case # Adoption Date 2002-12 AX-OI-I0-0l: Crown Point April 16, 2002 2002-15 AX-2001-07-02: Maguire Mini June 18, 2002 Storage (ACJR Investments) 2002-16 AR-02-03-01: Glad Tidings June 18,2002 ORLA_1613286.1 -3- Assembly of God Church Annexation 2003-02 AR -02-09-07: Crown Point January 21, 2003 Annexation 2003-03 AR -01-07 -01: Caballero Annexation January 7, 2003 2003-11 AR-02-07-01: Kent Property March 18, 2003 2003-13 AP-02-02-0 I: Ocoee Commons PUD March 18, 2003 2003-17 AP-02-03-0 1: FX Scenery & Display August 5,2003 Annexation 2003-26 AR-02-10-07: Adair Pointe September 2, 2003 Annexation 2003-40 AR-02-07-02: West Orange November 4, 2003 Professional Center 2003-44 AR-03-01-01: Cemetery Adjoining November 18, 2003 Forest Ridge 2003-46 AR-03-02-03: Equimax Realty LLC November 18, 2003 Annexation 2003-48 AX-03-04-04: T. Milton West November 18, 2003 Annexation (606 Ocoee Apopka Road) 2003-51 AX-03-04-05: T. Milton West November 18, 2003 Annexation (531 Ocoee Apopka Road) 2003-54 AX -03-04-07: T. Milton West November 18, 2003 Annexation (888 Ocoee Apopka Road) 2003-57 AX-03-04-06: T. Milton West November 18, 2003 Annexation (850 Ocoee Apopka Road) 2004-01 AX-03-12-14: Poer Property February 3, 2004 Annexation 2004-002 AR-03-12-13: Ingram Estates April 6, 2004 Property Annexation (Lake Tracy ORLA_1613286.1 -4- LLC and MCO Industries, Inc.) 2004-04 AR-03-12-13: Ingram Estates April 6, 2004 Property Annexation (Gilliam Trust) 2004-06 AR -04-02-15: Ocoee Reclaimed April 6, 2004 Water Booster Pumping Facility Annexation 2004-11 AX-04-02-16: Basking Ridge Court June 15,2004 Annexation 2004-13 AR-03-07-09: Fuller Cross June 15,2004 Commercial Development Annexation 2005-001 AX-03-06-08: Grace Community of March 15,2005 Faith Church 2005-008 AX-04-12-22: McCormick Woods June 7, 2005 Phase 3 Annexation 2006-005 LS-2005-002: Lakewood Estates February 21, 2006 Annexation 2006-018 AR-04-08-21: Ocoee Pines November 7, 2006 2006-020 AX-04-05-18: ABC Fine Wines & December 19, 2006 Spirits Store No. 52 2006-022 AX-07-07-29: Maine Street Parcels December 19, 2006 2007 -004 AX-OI-07-04: McCully Parcel April 17, 2007 2007-008 AX-OI-07-03: Sonntag Property May 15,2007 2007-010 AX-OI-07-03: Rogers Park Property May 15,2007 2007-012 AX-OI-07-04: FDOT Surplus May 15,2007 Property 2007-014 AR-05-06-24: West 50 Commercial May 15,2007 Subdivision 2007-016 AX-05-07-08: Pioneer Key Regional July 17, 2007 Stormwater Pond ORLA_1613286.1 -5- 2007-019 AX -04-07 -07: Thomas Property August 7, 2007 2006-021 AX-04-07-06: Oak Level Heights August 7, 2007 Property 2008-001 AX-OI-07-01 : Tiger Minor Park March 18, 2008 Annexation 2008-002 AX-05-12-27: Chateau Reserve March 18, 2008 Property 2008-005 AX-06-07-09: Belmere Shoppes April 1, 2008 Property 2008-007 AX-03-08-12: Depaiva Parcel June 17, 2008 Annexation 2009-004 AX-07-08-13: 529 Ocoee-Apopka March 17, 2009 Road Annexation 2009-006 AX-II-08-13: Hopper Parcel April 21, 2009 Annexation 2009-018 Rose Hill Subdivision Phases 2 and 3 July 21, 2009 2009-022 AX-OI-09-14: Woomer Parcel October 20, 2009 Annexation 2009-024 AX-OI-09-14: Crane Parcel October 20, 2009 Annexation 2010-005 AX-03-1O-19: Oak Level Heights May 18,2010 Property Block "D" 2010-010 AX-06-10-22: HEALTH CENTRAL August 3, 2010 2010-011 AX-06-10-22: HEALTH CENTRAL August 3, 2010 2010-017 AX-04-07-20: Deeper Life Assembly 2010-024 AX-07-1O-25: HEALTH CENTRAL 2010-022 AX-07-1O-23: EDDIE W TURNER TRUST and; ORLA_1613286.1 -6- WHEREAS, subsequent to the adoption of Comprehensive Plan Amendment CP A-2002-1-1, the City has amended the Ocoee Comprehensive Plan to modify the future land use designation of certain parcels of property pursuant to the following ordinances: Ordinance No. Case # Adoption Date (CP A-2008-003) Ocoee Town Shops (CP A-2008-005) Shoppes at the Village (SSCP A- - ) East Crown Point (West) 2008-012 (CP A-2008-002) Citrus Oaks Center September 2, 2008 2006-023 (CPA-03-01-05) Fountains West December 19, 2006 2005-010 (SSPCA-04-12-01) McCormick June 7, 2005 Woods Phase 3 2004-014 (SSPCA-03-008) Fuller's Cross Road June 15,2004 Comp Plan Amendment 2004-009 (AX-03-12-14) Poer Property August 3, 2004 2003-058 (SSPCA-03-006) West Comp Plan November 18, 2003 Amendment (850 Ocoee Apopka Rd.) 2003-055 (SSPCA-03-007) West Comp Plan November 18,2003 Amendment (888 Ocoee Apopka Rd.) 2003-052 (SSPCA-03-005) West Comp Plan November 18, 2003 Amendment (531 Ocoee Apopka Rd.) 2003-049 (SSPCA-03-004) West Comp Plan November 18, 2003 Amendment (606 Ocoee Apopka Rd.) 2003-015 (SSPCA-2002-009) Maguire Road May 6, 2003 Self Storage and; WHEREAS, the City wishes to update Figure 1 (Existing Land Use Map) and Figure 2 (Future Land Use Map) of the Future Land Use Element of the Ocoee Comprehensive Plan to reflect annexations and comprehensive plan amendments adopted since the adoption of CPA-2001-1-1; and ORLA_1613286.1 -7- WHEREAS, the City has initiated this amendment to the Comprehensive Plan (the "Amendment") in order to (i) incorporate by reference the Fifth through the Fifteenth Joint Planning Area Agreement Amendments; (ii) amend Subsection I of the Future Land Use Element in order to reflect the Fifth through the Sixteenth Joint Planning Area Agreement Amendments; (iii) amend the Future Land Use Map (Figure 2) to conform to the Joint Planning Area Agreement, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 2; and (iv) amend the Existing Land Use Map (Figure 1) to conform to the Joint Planning Area Agreement, as amended and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 1; and WHEREAS, on September 14, 2010 the City of Ocoee Planning and Zoning Commission, acting as the Local Planning Agency, at an advertised public hearing recommended transmittal of the Amendment to the Florida Department of Community Affairs; and WHEREAS, the Ocoee City Commission held advertised public hearings on September 21, 2010 and on , 2010 in order to obtain public comment regarding the proposed Amendment; and WHEREAS, the Ocoee City Commission has considered all oral and written comments received during the public hearings, including the recommendations of the Local Planning Agency; and WHEREAS, the Ocoee City Commission desires to adopt the Amendment with such changes thereto as the City Commission deems appropriate. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Authority. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163 and Chapter 166, Florida Statutes. Section 3. Amendment to the Inter20vernmental Coordination Element. The Ocoee City Commission hereby amends the Intergovernmental Coordination Element of the Ocoee Comprehensive Plan (i) to amend the existing Page 7-27 as set forth on Exhibit "L" attached hereto and by this reference made a part hereof, and (ii) to incorporate, in their entirety, the Fifth JP A Amendment, the Sixth JP A Amendment, the Seventh Amendment, the Eighth JP A Amendment, the Ninth JP A Amendment, the Tenth JP A Amendment, the Eleventh JP A Amendment, the Twelfth JP A Amendment, the Thirteenth JP A Amendment, the Fourteenth JP A Amendment, and the Fifteenth JP A Amendment. Section 4. Amendment to the Future Land Use Element. The Ocoee City Commission hereby amends the existing Page 1-5 of Subsection I (Introduction) of the Future ORLA_1613286.1 -8- Land Use Element of the Ocoee Comprehensive Plan as set forth on Exhibit "M" attached hereto and by this reference made a part hereof. Section 5. Future Land Use Map Amendment. The Ocoee City Commission hereby amends Figure 2 (Future Land Use Map) of the Future Land Use Element of the Ocoee Comprehensive Plan to replace the existing Figure 2 (Future Land Use Map) with the Future Land Use Map as set forth on Exhibit "N" attached hereto and by this reference made a part hereof. The foregoing amendment is for the purpose of updating the Future Land Use Map (Figure 2) to be consistent with the current Joint Planning Area Land Use Map as described in the Joint Planning Area Agreement and annexations and amendments to the comprehensive plan adopted subsequent to the adoption of CP A-2002-1-1. Section 6. Existin2 Land Use Map Amendment. The Ocoee City Commission hereby amends Figure 1 (Existing Land Use Map) of the Future Land Use Element of the Ocoee Comprehensive Plan to replace the existing Figure 1 (Existing Land Use Map) with the Existing Land Use Map as set forth on Exhibit "0" attached hereto and by this reference made a part hereof. The foregoing amendment is for the purpose of updating the Existing Land Use Map (Figure 1) to be consistent with the current Joint Planning Area Land Use Map as described in the Joint Planning Area Agreement and annexations and amendments to the comprehensive plan adopted subsequent to the adoption of CP A-2002-1-1. Section 7. Public Participation Procedures. The Ocoee City Commission hereby finds that the Amendment has been adopted in conformity with the Public Participation Procedures set forth in Section 10 of the Ocoee Comprehensive Plan. Section 8. Transmittal of Adopted Amendment. The Ocoee City Commission hereby designates the Development Services Director as the designee of the City Commission to transmit the adopted Amendment pursuant to the requirements of Section 163.3184(7), Florida Statutes. Section 9. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. Effective Date. This Ordinance shall become effective on the tenth (lOth) day after passage and adoption. PASSED AND ADOPTED this day of ,2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ORLA_1613286.1 -9- Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2010 FOLEY & LARDNER LLP By: City Attorney ORLA_1613286.1 S. Scott Vandergrift, Mayor TRANSMITTAL PUBLIC HEARING ADVERTISED: _,2010 HELD ON: _,2010 UNDER AGENDA ITEM NO. ADOPTION PUBLIC HEARING ADVERTISED: _,2010 HELD ON: _,2010 UNDER AGENDA ITEM NO. -10- Exhibit" A" Fifth JP A Amendment ORLA_1613286.1 -11- , , ,APPROVED BY ORANGE COUNTY BOARD Exhibi t 11 A II OF. COUNT'l COMMISSI~~ JUL 1 5 mi \4.. F AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (FIX Scenery & Display Property) TIDS FIFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Fifth Amendment") is made and entered into as of the l:L day of ~.L \~ ' 2003, 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 a certain Joint Planning Area Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14. 2000, and as amended by that certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as 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, both the County and the City exercise comprehensive planning authority pursuant to Chapter 163, Florida Statutes, the Local Govemment 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 006.294592. WHEREAS, the County and the City have the authority to enter into this Fifth Amendment pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act in general and Section 163.3171, Horida 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 (hereinafter the "JP A Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as it relates to certain real property to be annexed into the corporate limits of the City of Ocoee, consisting of approximately 9.88 acres, and as more particularly described in Exhibit "I" attached hereto and by this reference made a part thereof (hereinafter the "Affected Parcel"); and WHEREAS, the Affected Parcel is located within the Joint Planning Area; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in order to change the land use designations shown on the JP A Land Use Map for the Affected Parcel from "Low Density Residential" to "Light Industrial" (hereinafter referred to as the "Proposed Map Amendment"); and WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8e of the Joint Planning Area Agreement and requested that the County amend the JPA Land Use Map as it relates to the Affected Parcel; and WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Fifth Amendment; and 006.294592. -2- WHEREAS, the local planning agencies of both the County and City have considered this Fifth Amendment and recommended its adoption to the Orange County Board of County Commissioners and the Ocoee City Commission, respectively; and WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, this Fifth Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission; and WHEREAS, the owner of the Affected Parcel has requested that this Fifth Amendment not become effective until such time as a copy of a recorded deed for property which includes the Affected Parcel is delivered to the City evidencing the conveyance of property including the Affected Parcel to the Affected Parcel's contract purchaser; and WHEREAS, the City and the County have agreed to delay the effective date of this Ordinance as an accommodation to the owner of the Affected Parcel and the contract purchaser. 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 t. herein by reference. Section 2. Authoritv. This Fifth 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 City, and (4) the Joint Recitals. The above Recitals are true and correct and are incorporated Planning Area Agreement. 006.294592. -3- Section 3. Definitions. All terms and phrases used in this Fifth Amendment shall be as defmed in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Affected Parcel; Amendment to Joint Plannin2 Area A".eement. The JPA Land Use Map is hereby amended to change the land use designation of the Affected Parcel from "Low Density Residential" to "Light Industrial". The Affected Parcel is described in Exhibit "I" attached hereto. Notwithstanding any future amendments to the Ocoee Land Development Code, there shall be no less than 100' of buffer between the Affected Parcel and adjoining properties on the north and west. The existing Exhibit "B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is to be amended to incorporate this Fifth Amendment. All references in the Joint Planning Area Agreement to Exhibit "B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Fifth Amendment. Section 5. Effective Date. This Fifth Amendment shall not become effective until such time as a copy of a recorded deed for property including the Affected Parcel is delivered to the City evidencing the conveyance of the Affected Parcel to FIX Scenery & Display, Inc. (the "Deed"). In the event the Deed is not delivered to the City within ninety (90) days of the date this Fifth Amendment is approved by both the City and County then this Fifth Amendment shall be null and void and of no further force and effect. The City shall promptly advise the County when the Deed has been received. Section 6. Continuin2 Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. 006.294592. -4- IN WITNESS WHEREOF, the County and City have executed this Fifth Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS By: L~J~ f/?.,ft ~ County Chairman ' DATE: JUl 16 2003 ATTEST: Martha O. Haynie, County Comptroller As Clerk of Board of County Commissione ..---;1' 006.294592. -5- WITNESSED: di~*~.;~f"~ ht9nil11i ~a~1d Printed Name: ~ It, Ils!;: IJ FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM ~ LEGALITY this -':L day of fVlfl7 ' 2003 :L?;;;~ City Attorney 006.294592. (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON M A-y lD , 2003 UNDER AGENDA ITEM NO. E IJ '-/ Effective September 19, 2003 pursuant to Section 10 of Ordinance No. 2003-17 as amended by Ordinance No. 2003-31, also pursuant to Section 5 of the Fifth JPA Amendment. -6- STATE OF 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 S. SCOTT VANDERGRIFf and JEAN GRAFf ON, 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 under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this ill day of >>{ ~ ' 2003. ~ 1lA-4IIt- J ~. ~4<..l Signa ure of Notary 1fj =1~,=OO1~ ..... 'r;I ExpnI NcMn1I* 04. 2008 ~ ~A.r.A.~ B. G-RES N Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal); -7- 006.294592. EXHIBIT "I" Exhibit "1" Begin at northeast comer of Southeast 1,4 of Southeast 'A of Section 7. Township 22 South, Range 28 East, run south 396 feet, thence west 1320 feet, thence north 396 feet, thence east 1320 feet to the Point of Beginning, less the east 30 feet thereof for road right of way, and also less the northernmost 50 feet and the westernmost 50 feet. Containing 9.88 acres, more or less, in Orange County, Florida. 006.294592. -8- ~ c C I N ~ Q. o en fa CI) tn ns o ... e CI) E "C- c.! CI) ~ c,E'1n ns <I: ~ :Ee"g CI).!- tn Q. ... :JCI)'S, "C >.- e .- -I nstno -Ie... CI)_ CI).c ns ~ CI).- .a~'E ~ - CI) - u..~:2 0)0 tn e CI) .- CI) ~ "C - ~ ens.,. ~ CJ._ o en tn t: - e ~ ii CI) enEc en~ .0 CJ-I e ~ ns Q. tn is "C e ns ~ CI) e CI) CJ tn ~ jo, . c Q) E Co ~ ~ > Q) ~c Qj u. ~ ~ -gQ) 5 ~ IX) E Q) II EO ..c. o u U .!;; Q) 8 o z+ -c ~ro: . , Q) .- ...... . l/) l/) -, . 0 e: Q)e:. c.Q) , :00:0, . 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III W u80~'OO:JOUlE-~Q)Q)UUl '!!!.c: c: :O.J::~E1:111~l3iSQ) 1~~~'O~j~Q)ge09Q)0Q):Jt v en => ~o::: Q)....J::2:ca.C.L..J:cUo:::a.....J ~[) ~ ~ _!IIIIIIIIII Exhibit "B" Sixth JP A Amendment ORLA_ 1613286.1 -8- ", "PPROVED BY ORANGE COUNTY BOARD Of COUNTY COMMISSIONERS JUl 15 mJ3 -\A,~ SIXTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (Maguire Road Self Storage) TillS SIXTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Sixth Amendment") is made and entered into as of the -b- day of ~A....I~ ,2003, 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 a certain Joint Planning Area Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment hereto dated May 6, 2003, and as amended by that certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as 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, both the County and the City 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 006.292120. WHEREAS, the County and the City have the authority to enter into this Sixth 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 (hereinafter the "JPA Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as it relates to certain real property within the corporate limits of the City of Ocoee, consisting of approximately 4.92 acres, and as more particularly described in Exhibit "I" attached hereto and by this reference made a part thereof (hereinafter the "Affected Parcel"); and WHEREAS, the Affected Parcel is 10cated within the Joint Planning Area; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in order to change the land use designations shown on the JP A Land Use Map for the Affected Parcel from "Professional Offices and Services" to "Commercial" (hereinafter referred to as the "Proposed Map Amendment"); and WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the County amend the JPA Land Use Map as it relates to the Affected Parcel; and WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Sixth Amendment; and 006.292120. -2- WHEREAS, the local planning agencies of both the County and City have considered this Sixth Amendment and recommended its adoption to the Orange County Board of County Commissioners and the Ocoee City Commission, respectively; and WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, this Sixth Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission; and 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. Authoritv. This Sixth 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 City, and (4) the Joint Planning Area Agreement. Section 3. Definitions. A11 terms and phrases used in this Sixth Amendment shall be as defined in the Joint Planning Area Agreement unless othetwise indicated. Section 4. Affected Parcel: Amendment to Joint Plannine Area Aereement. The JP A Land Use Map is hereby amended to change the land use designation of the Affected Parcel from "Professional Offices and Services" to "Commercial". The Affected Parcel is described in Exhibit "I" attached hereto. The existing Exhibit "B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is to be amended to incorporate this 006.292120. -3- Sixth Amendment. All references in the Joint Planning Area Agreement to Exhibit "B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Sixth Amendment. Section 5. Continuinl! Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. IN WITNESS WHEREOF, the County and City have executed this Sixth Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS By:JdJA/ C. U ~ County Chairman DATE: JUL 16 2003 ATIEST: Martha O. Haynie, County Comptroller As Clerk of Board of County Commissioner ---..- - 006.292120. -4- WITNESSED: ~~~~~~ ~"~~'M!.~~~.N FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AN}) ..LEGALITY this 10- day of ~7 .2003 FOLEY & LARDNER By: U{~ City Attorney 006.292120. CITY OF OCOEE, a Florida municipal corporation (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON MIJ-'1 trJ ,2003 UNDER AGENDA ITEM NO. "VI. B 3 - Effective September 6, 2003. -5- " STATE OF 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 S. SCOTT VANDERGRIFT and JEAN GRAFTON, 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 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 ir( cur . 2003. ?1!A~.J 1... J/tI/141.) Signature of Notary 'j) MIrIIn B ar.t . . Mr CclmIIlIIIIon D01Il2l1DO ~ ~ EllpftI NcMmbIr 04. 2OlI8 -11 PI~:t:AN. 8. G-IH:~N. Name of Notary (type, printed or stamped) Commission Number (ifnot legible on seal): My Commission Expires (if not legible on seal): 006.292120. -6- 006.292120. " EXHIBIT "1" Exhibit "I" The North Yz of the South ~ of the North ~ of the Southeast 1,4 of the Northeast lA, Section 31, Township 22 South, Range 28 East, Orange County, Florida (less the east 40 feet thereof for road right-of-way). -7- " 'i .u ... Q) ~E CTE 11')0 CTo ~~ Q. .- ~~ Q) 0 ftS en .... 0- :2~~~ ... u -= o c.- U::J~= .. Q. Q):J ~Q)U)"a o C)~ C u l! en ftS OOQ)...J 'I-....uQ) o U) IE ~ ~~O.a .- Q) ~ OU)'iLL "aC ftS 0 0.- o::~ e~ .- 0 ~ ... C)Q. ftS_ :i~ c ~ o o - !~;.~y 1;;7 , 11111 II 111111111 i' ,::", ':::" ~,- [I r--.' III Y """,,, " ' _i_ r< IIII I"""" ==~~~}lIT I~~CJ~{ - - - A'\ L.IIIIIIITI t == 2= ~ h II ll~~\~~ IE: t-t- t- 1--1- I-- r=1= ~ - - - - - - - \- u '=11 .....!l: 3ri =)~ MIl '\1,/ 1 -' JB1 ~ =, ill _r- sJ =~ ~ -LL~ -- J t-- -I-....... I !II r- · - t-- =1- ---<'A r- - I- ~I- ---< == r- IlP'( - ~ E I=t= -' ,=:, ' 1I!3.4JP;1>l \) ~I- '- I_I I r-- _'- ,-.J ~ 'A:\-, == l.I! \. ~Ev In I I"T I Tin \ S 1-::-. '-NJ 11'1.1\' .J..:;-.{ i--=- -., -. ~ .. - -.. H , ^~~ = ~1T ,-- VI< r- := .111 g~ 1l.:.L ~ '~) - ..... / 'X r" -- i= g IEl:t: l:i9. !J - T ,\ r-: '- I- B-1 ' ;.f:t ..j Lttt wi T ~ ~I I t::\IIIII~)~' ~'~ ttr# \ I 1/) ~~ '0i'fFF:: ~'z, 5E ' ~I E--' ?>:,~ ~,~ ~,~ I- t-- -< ...-...v /. I ';, t= := tI" =.\ Jl ~ ,:" " '- t-- ~ ~=""',.- "", "FO=i:l: _= ~ !r:rtro1lCJ g:j == ~= ~ ' : ~~ r--LV ,~~CJ I-- '( - t:= ~ ' " ~~ c: ~ 0- ~ Qj ~li Qj .f ~~ ~ 5 [ CX) E Ql " EO .c. o u U .1; Ql ~ u o z+ III Q) u .~ III Q) ~(ij .. +:l en III III c: ~ III g (ij 5i :ro '0 .5 ,9; ~ l{l o Q) +:l := '0 +:J 5 III on ::I '- -'- 1llC:'-C:'" -c:_'C 'E :5 u III Q) III C. Q) +:l 0 III q::Q)Q)'CQ) ~c.lIlaJ >- ~ .9- 'in ~ c:: 'in ,g 0 o.E "'Q) 1: u 1IlQ).2:'Q)~ (ij- lii_ o !i~ ~C::~C::O :roE~~I~ o ~::E Q) .2:' 5i ~~ (ij ~ ~ ~ ~ 'B Z ~O"'IIlIll~O~O~::I'CIllOIll'C a.Q) Q)::> c: E Q)'- "'Q)'C c: ~:=u. 5 -!;;;".r:.c: Q) III C:-\;.Ill'" W ~85~'C020l{lE=~~~glll .~c: C:~'C.r:.-E..c:Illc:u.oQ) ,1'\ .0'-'0= Ill::> Q) 0)0 0 O)Q) 0 Q)::I-'" V c735ffi~i.9::E:f~u~:r:uC::Cl.j ::J IJ ~ ~ 1111111111 Qj c u '" ~:r d , ~;t , , , , , , Exhibit "C" Seventh JP A Amendment ORLA_1613286.1 -9- APPRUVEi> flt ~ COUNTY BOARD Exhibit "e" 01 COUtttY COMM~ . C; 1};..5 ~ 2 '1 ~ qS~VENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (Case No. JPA 03-004: West (606 Ocoee-Apopka Road Property)) THIS SEVENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this" Amendment") is made and entered into as of the J.O..... day of ~ruiV 1 ' 200~, 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 a certain Joint Planning Area Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003 and as amended by that certain First Amendment to Joint Planning Area Land Use Map. dated August 4, 1998 (hereinafter collectively referred to as 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, both the County and the City 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 006.309826.2 WHEREAS, the County and the City have the authority to enter into this 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 (hereinafter the "JPA Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as it relates to certain real property within the corporate limits of the City of Ocoee, consisting of approximately 5.3 acres, and as more particularly described in Exhibit "1" attached hereto and by this reference made a part thereof (hereinafter the "Affected Parcel"); and WHEREAS, the Affected Parcel is located within the Joint Planning Area; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in order to change the land use designations shown on the JPA Land Use Map for the Affected Parcel from "Low Density Residential" to "Industrial" (hereinafter referred to as the "Proposed Map Amendment"); and WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the County amend the JPA Land Use Map as it relates to the Affected Parcel; and WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Amendment; and 006.309826.2 -2- WHEREAS, the local planning agencies of both the County and City have considered this 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, this Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission. 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. Authoritv. This 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 City, and (4) the Joint Planning Area Agreement. Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Affected Parcel: Amendment to Joint Planning Area Ai!I"eement. The IP A Land Use Map is hereby amended to change the land use designation of the Affected Parcel from "Low Density Residential" to "Industrial". The Affected Parcel is described in 006.309826.2 -3- Exhibit "I" attached hereto. The existing Exhibit "B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is to be amended to incorporate this Amendment. All references in the Joint Planning Area Agreement to Exhibit "B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Amendment. Section 5. Continuine Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. 006.309826.2 -4- IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ATTEST: ~tJ Jt,,-,~ ,lIr..4 nj p _ , County Comptroller A~ of County Commissione~~ ./~ 4~k~ 006.309826.2 ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS If: W 0( ~--./- ~ Coun hairman DATE: 2. J o. D-'I- -5- WITNESSED: ~Q~ q.J,;~ .1 Printed Name: M~ n\ S' ~b~;t1 ~.~~J ~ ~":) , Name: M~R.r.AN a GIEI;'N FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA;APPROVED AS TO FORM AND LE~Y this -1i day of -.N () \J , 2003 FOLEI7 L~r~ _ lL / By: () ()J.,JL ~~~ City Attorney 006.309826.2 CITY OF OCOEE, a Florida municipal corporation (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON )JD\It'J'llber I <t' , 2003 UNDER AGENDA ITEM NO. VC !3c. -6- STATE OF 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 S. SCOTT V ANDERGRIFT and JEAN GRAFTON, 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 under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this .l.t day of N~~e",b& ,2003. .~ M 1. ~\ Signature of Notary "sr ~ Melanie S Sibbilt !"~ . My Commission 00116803 "\'1;.; Expires Augusl13. 2006 rY\eJan,e $. S,M Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): 006.309826.2 -7- Exhibit "1" 606 Ocoee-Apopka Road The North One-Half(N 1/2) of the Northeast Quarter (NE 114) of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) and a strip on West 23 Yards on North end and 35 Yards on South end, all in Section 18, Township 22 South, Range 28 East, Orange County, Florida. Subject to Right-of-Way for Ocoee-Apopka Road. 006.309826.2 -8- Exhibit "D" Eighth JP A Amendment ORLA_1613286.1 -10- APPROV!:.D S'i OAANG,E COUNTY BOARD Of COUNty COMMISSIQNlRI JANt,.. )k Exhibit "D" AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (Case No. JPA 03-005: West (531 Ocoee-Apopka Road Property)) TillS EIGHTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment") is made and entered into as of the 1.0- day of ~, 2001, 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 a certain Joint Planning Area Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the Seventh Amendment thereto dated ~nu1~ 10 , 2()()j, and as amended by that certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as 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, both the County and the City exercise comprehensive planning authority pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and 006.309836.2 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 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 (hereinafter the "JPA Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as it relates to certain real property within the corporate limits of the City of Ocoee, consisting of approximately 9.4 acres, and as more particularly described in Exhibit "I" attached hereto and by this reference made a part thereof (hereinafter the "Affected Parcel "); and WHEREAS, the Affected Parcel is located within the Joint Planning Area; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in order to change the land use designations shown on the JP A Land Use Map for the Affected Parcel from "Low Density Residential" to "Industrial" (hereinafter referred to as the "Proposed Map Amendment"); and WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the County amend the JPA Land Use Map as it relates to the Affected Parcel; and WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Amendment; and 006.309836.2 -2- WHEREAS, the local planning agencies of both the County and City have considered this 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, this Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission. 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 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 City, and (4) the Joint Planning Area Agreement. Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Affected Parcel; Amendment to Joint Planning Area A&eement. The JPA Land Use Map is hereby amended to change the land use designation of the Affected Parcel from "Low Density Residential" to "Industrial". The Affected Parcel is described in 006.309836.2 -3- Exhibit "I" attached hereto, The existing Exhibit "B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is to be amended to incorporate this Amendment. All references in the Joint Planning Area Agreement to Exhibit "B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Amendment. Section 5. Continuine Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. 006.309836.2 -4- IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ATTEST: ~~a-Jk(,.. fl. )J,~"M'J - County Comptroller A~f County C~L Deputy J:l€rk --. 006.309836.2 ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS ,.:if of .,.~~~_..L · + Cou Chainnan DATE: Z.J t::). ~4- -5- WITNESSED: ~~~J~D;j} ~/u'nAl. ) :A ~Il(~ Attest: Printed Name: MAJU:Ari a. GA&'t~ FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEG~ITY this rt. day of J\)Dvetl\beY, 2003 FOLE~ LARDNER By: IJrw City Attorney 006.309836.2 (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON NO~(TrIW I ~ , 2003 UNDER AGENDA ITEM NO. VC 4(:. -6- STATE OF 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 S. SCOTT VANDERGRIFf and JEAN GRAFTON, 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 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~Ov~.2003. ~~ J.~M Signature of Notary .JJlcl (in i t ~ ' S ; b't>; -H- Name of Notary (type, printed or stamped) Melanie S sibbltt 1) "":ccionDD116&03 ,-.. . My eom"~ ~ ,.1 Expires August 13. 2006 Commission Nwnber (if not legible on seal): My Commission Expires (if not legible on seal): 006.309636.2 -7- Exhibit "1" 531 Ocoee-Apopka Road Commencing at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 7, Township 22 South, Range 28 East Orange County, Florida; run South 466.62 feet to the point of beginning; thence run West 933.24 feet; thence run South 468.72 feet; thence run East 295,69 feet; thence run South 40.92 feet to a point 386.76 feet North of the South line of aforesaid Southeast 1/4 of the Southwest 1/4: thence run East 119.80 feet more or less the centerline of a ditch, thence run S 73030'41" E along said centerline of ditch, 325,69 feet; thence run N 00014'03" W, 241.86; thence run S 89045'00" E, 206.44 feet to a point 535,28 feet North of the Southeast comer of Southeast 1/4 of the Southwest 1/4 of Section 7, Township 22 South, Range 28 East; thence run North 361.12 feet to the point or beginning. Less Right of Way for Ocoee -Apopka Road, 006.309836.2 -8- Exhibit "E" Ninth JP A Amendment ORLA_1613286.1 -11- JPPROVED ".... COUNTY BOARD Exhibit "E" GlIQUlllY COtMIUOIGS JAN2, _ '" lk ~'1~1NtH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (Case No. JPA 03-006: West (850 Ocoee-Apopka Road Property)) THIS NINTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment") is made and entered into as ofthe \() day of ~u'-Pr<\-' 200t 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 a certain Joint Planning Area Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999. as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the Seventh Amendment thereto dated ~~r\l.a.rj 10, 2<:>01. as amended by the Eighth Amendment thereto dated ~rl.lQ.~ IQ, 2~, and as amended by that certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as 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, both the County and the City exercise comprehensive planning authority pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and 006.309731.2 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 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 (hereinafter the "JPA Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as it relates to certain real property within the corporate limits of the City of Ocoee, consisting of approximately 9.4 acres, and as more particularly described in Exhibit "1" attached hereto and by this reference made a part thereof (hereinafter the "Affected Parcel"); and WHEREAS, the Affected Parcel is located within the Joint Planning Area; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in order to change the land use designations shown on the JPA Land Use Map for the Affected Parcel from "Low Density Residential" to "Industrial" (hereinafter referred to as the "Proposed Map Amendment"); and WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the County amend the IPA Land Use Map as it relates to the Affected Parcel; and WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Amendment; and 006.309731.2 -2- WHEREAS, the local planning agencies of both the County and City have considered this 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, this Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission. 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 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 City, and (4) the Joint Planning Area Agreement. Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Affected Parcel; Amendment to Joint Planning Area A2feement. The JP A Land Use Map is hereby amended to change the land use designation of the Affected Parcel from "Low Density Residential" to "Industrial". The Affected Parcel is described in 006.309731.2 -3- Exhibit "1" attached hereto. The existing Exhibit "B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is to be amended to incorporate this Amendment. All references in the Joint Planning Area Agreement to Exhibit "B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Amendment. Section 5. Continuing Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. 006.309731.2 -4- IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. A'ITEST: f\\4Alke- 0, Jh.~JJ-Lo County Comptroller As Clerk of Board of County Commissioners #/,..._" _/:;~ /- ~ePli.tyGterk 006.309731.2 ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS ,.: ~7 ef.-44 .......d r Coun Chairman DATE: 2. IO.~4- -5- WITNESSED: Y~JJM~ ~/I /~ ~ J!l ,/t,/l 1/ IX 1 Printed Name: MAtlIJ:"N A. GA.e.I!N FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this -it day of _N 0 ,,~W , 2003 :i:i~~ City Attorney 006.309731.2 CITY OF OCOEE, a Florida municipal corporation BY:::) Sa U4 S. SCOTf VANDERGRIFf ayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON J\1 OV.('yn~ \ g- , 2003 UNDER AGENDA ITEM NO. V C- 5c... -6- STATE OF 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 S. SCOTT VANDERGRIFf and JEAN GRAFTON, 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 under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last afor~said this rt day of ~BVe..1v · 2003 f\Jt J , J~ Signature of Notary JY)JaN\;~ g. ~,-bb;H- Name of Notary (type, printed or stamped) Melanie 5 S\bbitt ~ ~ Mi Commission 00116803 ;'~I E)(pires AUgusl13, 2Q06 ...."'''' Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): 006.309731.2 -7- Exhibit "1" 850 Ocoee-Apopka Road Commencing at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 7, Township 22 South, Range 28 East Orange County, Florida; run South 466.62 feet to the point of beginning; thence run West 933.24 feet; thence run South 468.72 feet; thence run East 295.69 feet; thence run South 40.92 feet to a point 386.76 feet North of the South line of aforesaid Southeast 1/4 of the Southwest 1/4: thence run East 119.80 feet more or less the centerline of a ditch, thence run S 73030'41" E along said centerline of ditch, 325.69 feet; thence run N 00014'03" W, 241.86; thence run S 89045'00" E, 206.44 feet to a point 535.28 feet North of the Southeast corner of Southeast 1/4 of the Southwest 1/4 of Section 7, Township 22 South, Range 28 East; thence run North 361.12 feet to the point or beginning. Less Right of Way for Ocoee -Apopka Road. -8- 006.309731.2 Exhibit "F" Tenth JP A Amendment ORLA_1613286.1 -12- APPROVED BY ORANG,E COUNTY BOARD Q! COUNtY COMMISSIONERS JAN2f~ EN'fII AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE Exhibit "F" (Case No. JPA 03-007: West (888 Ocoee-Apopka Road Property)) THIS TENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this · Amendment") is made and entered into as nf the JJL day of ~. 2orj,~ 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 a certain Joint Planning Area Agreement, dated February II, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the Seventh Amendment thereto dated F~..Wl~ 10 , 2001J.., as amended by the Eighth Amendment thereto dated f"~~ 10, 2oo~, as amended by the Ninth Amendment thereto dated febY'Lt.At'~ IC, 2oo~ and as amended by that certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as 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 006.309831.2 I WHEREAS, both the County and the City 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 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 (hereinafter the "JPA Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as it relates to certain real property within the corporate limits of the City of Ocoee, consisting of approximately 1.13 acres, and as more particularly described in Exhibit "1" attached hereto and by this reference made a part thereof (hereinafter the "Affected Parcel"); and WHEREAS, the Affected Parcel is located within the Joint Planning Area; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in order to change the land use designations shown on the JPA Land Use Map for the Affected Parcel from "Low Density Residential" to "Industrial" (hereinafter referred to as the "Proposed Map Amendment"); and WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the County amend the JPA Land Use Map as it relates to the Affected Parcel; and -2- 006.309831.2 WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Amendment; and WHEREAS, the local planning agencies of both the County and City have considered this 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, this Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission. 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 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 interIocal agreements, (3) the Charters ofthe County and City, and (4) the Joint Planning Area Agreement. Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. -3- 006.309831.2 Section 4. Affected Parcel: Amendment to Joint Planning Area Agreement. The JP A Land Use Map is hereby amended to change the land use designation of the Affected Parcel from "Low Density Residential" to "Industrial". The Affected Parcel is described in Exhibit "I" attached hereto. The existing Exhibit "B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is to be amended to incorporate this Amendment. All references in the Joint Planning Area Agreement to Exhibit "B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Amendment. Section 5. Continuina Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. -4- 006.309631.2 IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City. respectively. and have set their seals hereto as of the date set forth above. A TTEST: f1M.:fi\L~ B, N6-yn.,'.f., County Comptroller As Clerk of Board of County COmmiS~<:y &~-- ....' Deputy Clerk 006.309831.2 ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS ~: ~ C?) ~--~ ~ Coun Chalnnan DATE: '2,. IO.e>4 -5- WITNESSED: ~ Jll~bbd/- ~ ~'/l ~ J A.. &.1. oa~ J Attest: Print Name: MA II LA r-,) .e. Gt Q.e:e-N FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEG4LITY this 1L day of j\)O\t~, 2003 FOL~& L~~ J I ;} BY:~ / ~ City Attorney 006.309831.2 (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON t\)aven...bu- If' ,2003 UNDER AGENDAITEMNO. VC &c -6- STATE OF 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 S. SCOTT VANDERGRIFT and JEAN GRAFTON, 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 under authority duly vested in them by said municipality. WITrffiSS my hand and official seal in the County and State last aforesaid this \ <( day of-N"~ ,2003, ~' lJ1Uf Signature of Notary . '+t- ---1Th1({nj~ _c:. S; bbl Name of Notary (type, printed or stamped) i':~ Melanie S Slbbllt \. !lfi My Commission DD111l803 or '" Expires August 13. 2006 Commission Number (if nOI legible on seal): My Commission Expires (if nOllegible on seal): -7- 006.309831.2 Exhibit "1" 888 Ocoee-Apopka Road FROM A POINT 933.24 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST 1 \4 OF THE SOUTHWEST 1\4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 86 DEGREES 45' WEST 31.63 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 1 DEGREE 14' EAST 42.54 FEET ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET; THENCE NORTH 0 DEGREES 13' WEST 157,91 FEET; THENCE SOUTH 89 DEGREES 45' EAST 172.55 FEET TO A POINT ON THE WEST RIGHT 0 WAY OF OCOEE- APOPKA ROAD; THENCE SOUTH 1 DEGREE 14' EAST 107.44 FEET TO THE POINT OF BEGINNING. AND FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 00 DEGREES 02' 30" W ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 933.24 FEET; THENCE S 86 DEGREES 45' WEST 31.63 FEET TO THE WEST RIGHT OF WAY OF SR 437, (OCOEE-APOPKA ROAD), THENCE SOUTH 1 DEGREE 14' 00" EAST ALONG SAID RIGHT OF WAY LINE 42.54 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET, THENCE SOUTH 00 DEGREES 13' 00" EAST 101 FEET MORE OF LESS TO DRAINAGE DITCH; THENCE SOUTH ALONG CENTER LINE OF SAID DITCH, SOUTH 78 DEGREES EAST 184 FEET, MORE OR LESS TO THE WEST RIGHT OF WAY OF STATE ROAD 437; THENCE NORTH 1 DEGREE 14' 00" WEST ALONG RIGHT OF WAY LINE 145 FEET MORE OR LESS TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA. -8- 006.309831.2 Exhibit "G" Eleventh JP A Amendment ORLA_ 1613286.1 -] 3- APPROViD rr 'ow.' COUNTY SOARD .' ~ COUNTY -~ERS Exhibit "G" IPR 0 6 .. ' \ . -. ~VENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (CASE NO. JP A-03-()08: POER PROPERTY; RICHARDSON PROPERTY) TIDS ELEVENTH AMENDMENT TO JOINT PLANNING ~A AGREEMENT (this "Amendment") is ~ade and.entered into as. of the 0~lday of ~ 2004, by and between ORANGE COU'NTY, 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 a certai.ti Joint Planrililg Area Agreement, dated February 11, .J 994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January .19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14,2000, as amend~ by the Fifth Amendment thereto ~d July IS, 2003; as amended by the Sixth Amendment thereto dated July IS, '2003, as amended by the Seventh Amendment thereto dated Janwuy 27, 2004, as amended by the Eighth Amendment thereto dated January 27, 2004, as amended by the Ninth. Amendment thereto dated January 27, ,.. '2004,-'i1s amended by the Tenth Ainendment thereto dated January 27~ 2004, and as amended by that certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as 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 008,S2QS28.3 WHEREAS, both the County and the City 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 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 (hereinafter the "JP A Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as it relates to certain real property within the corporate limits of the City of Ocoee, consisting of approximately 29,25 acres of land referred to as the "Poer Property" and 14,11 acres of land referred to as the "Richardson Property", all as more described in Exhibit "1" attached hereto and by this reference made a part thereof (the Poer Property and the Richardson Property hereinafter collectively referred to as the "Affected Parcels"); and WHEREAS, the Affected Parcels are not presently located within the Joint Planning Area; and WHEREAS, the Poer Property is presently subject to that certain Restated Interlocal Agreement for Joint Planning Area between Orange County and the City of Winter Garden with an Effective Date of June 19, 1997 ("Winter Garden JP A Agreement"); and -2- 006.320528.3 WHEREAS, the City is requesting that the City of Winter Garden consent to the removal of the Poer Property from the Winter Garden JP A Agreement so that it may be included within the Joint Planning Area; and WHEREAS, the Richardson Property was previously part of the Winter Garden JP A Agreement but was subsequently removed therefrom; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in order (i) add the Affected Parcels to the Joint Planning Area; and (ii) amend the JP A Land Use Map to establish a land use designation of "Low Density Residential" for the Affected Parcels; and WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the County amend the JP A Land Use Map as it relates to the Affected Parcels; and WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Amendment; and WHEREAS, the local planning agencies of both the County and City have considered this 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, this Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission. -3- 006.320528.3 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 t. herein by reference. Recitals. The above Recitals are true and correct and are incorporated Section 2. Authority. This 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 City, and (4) the Joint Planning Area Agreement. Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Amendment to Joint Planning Area Agreement. The Joint Planning Area as set forth in Exhibit "A" to the Joint Planning Area Agreement, as heretofore amended, is hereby further amended to add the Affected Parcels to the Joint Planning Area. All references in the Joint Planning Area Agreement to Exhibit" A" shall be deemed to refer to and include the land depicted on Exhibit "2" attached hereto. Section 5. Amendment to the Joint Planning Area Land Use Map. The JPA Land Use Map is hereby amended to establish a land use designation for the Affected Parcels (subject to inclusion of the Affected Parcels in the Joint Planning Area) as "Low Density Residential". The existing Exhibit "8" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is to be amended to incorporate this Amendment. All references -4- 006.320528.3 in the Joint Planning Area Agreement to Exhibit "B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Amendment. Section 6. Continuin2 Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS Bf:~ d~...~A ' ~ Co Chainnan DATE: API ,'!' 200' ATTEST: Martha O. HaynieCounty Comptroller As Clerk of Board of County Commissioners !db -5- 006.320528.3 WITNESSED: ~N~:~!}~}I* 7>~~ PrintedName:~ ~{~ FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM ~~~fALITY thisldayof~"1 ,2004. FOLEY & LARDNER By: (/Jf/I;dfJ City Attorney 006.320528.3 CITY OF OCOEE, a Florida municipal corporation By: (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON -f6 tS~l{.~It'1 3 ,2004 UNDER AGENDA ITEM NO. V-:r.. I?> -6- STATE OF 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 S. SCOTT VANDERGRIFT and JEAN GRAFTON, 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 under authority duly vested in them by said municipality, J WITNESS my hand and official seal in the County and State last aforesaid this .3 day of j:.e1vl.AlAl'~ ,2004. ' - U~ j ~1JtJ1 Signature of Notary '1; Melanie S SIbbitt . ~; My Commission 00116803 '\; ", Expires August 13. 2006 Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): -7- 006.320528.3 EXHIBIT" 1 " LEGAL DESCRIPTION OF AFFECTED PARCELS PARCEL 1 (POER PROPERTY): A PARCEL OF LAND LOCATED IN THE SE y.. OF THE SW y.. OF SECTION 1 , TOWNSHIP 22 SOUTH, RANGE 27 EAST, ORANGE COUNTY, FLORIDA. BEING MORE DESCRIBED AS FOLLOWS: BEGIN AT THE QUARTER SECTION POST OF THE SOUTH BOUNDARY OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 22 EAST, RUN THEN NORTH 904.86 FEET, THENCE EAST 1,683 FEET, THEN SOUTH 904.86 FEET, THEN WEST 1,683 FEET TO POINT OF BEGINNING. LESS: BEGIN AT POINT 957 FEET WEST AND 904.86 FEET NORTH OF SOUTHEAST CORNER OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 27 EAST, RUN THENCE WEST 1,200 FEET, THENCE SOUTH 16 FEET, THENCE NORTHEASTERLY 1,201.9 FEET TO A POINT DUE SOUTH OF THE POINT OF BEGINNING, THEN NORTH 0.82 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 29.25 ACRES OF LAND MORE OR LESS. PARCEL2OUCHARDSONPROPERTY): A PARCEL OF LAND LOCATED IN THE NE y.. OF THE NE y.. OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, ORANGE COUNTY, FLORIDA. LESS: A TRACT DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF THE NE 'A OF THE NE 1,4 OF SECTION 12. TOWNSHIP 22 SOUTH, RANGE 27 EAST, RUN EAST ALONG THE SOUTH LINE OF THE NE 'A OF THE NE 'A 624 FEET FOR A POINT OF BEGINNING, THEN RUN N 0 DEGREES, 2 MINUTES, 27 SECONDS EAST 1055 FEET, MORE OR LESS, TO THE CENTER OF THE CREEK, THENCE MEANDER SOUTHEAST ALONG THE CENTER OF THE CREEK APPROXIMATELY 925 FEET, MORE OF LESS, TO THE EAST CROWN POINT ROAD, THEN RUN IN A SOUTHWESTERLY DIRECTION ALONG THE WEST SIDE OF SAID ROAD 435 FEET, MORE OR LESS, TO A POINT ON THE SOUTH BOUNDARY LINE OF THE NE 'A OF THE NE 'A OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, THEN RUN WESTERLY ALONG SAID 'A SECTION BOUNDARY LINE 412.2 FEET TO POINT OF BEGINNING. ALSO LESS: THE NE 'A OF THE NE 1/24 OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST , LYING SOUTH AND EAST OF THE NORTHWESTERLY RIGHT OF WAY OF EAST CROWN POINT ROAD. SAID PARCEL CONTAINS 14.11 ACRES OF LAND MORE OR LESS. -8- 006.320526.3 - Exhibit "2 ~ ~r ~ ----J-Fffij ~ l=i -l\ J ~ J(\~ f - I-:J:: ~ __ *" \ ,H ~7:::L bL - ~)l \--, ;l..~ l"r) \ ~ w '~~T L- \5JjJ ~n v,( i~ J I ~i 111m-~. - I 1 -~../ %JUL~ - , ~~,JL' ~ n- Ir - Affected iJ 1 ~lbl Parcels ~ ~ ~~,~I ii / TI !J oil;:: j ~~ I Ii ::l , '- :urL---J -q: ~ II~ '."1'" ~~ ~ \ ,ifT-i'I: ~rr1 r 2 .", -fl. - \""'-- ~ ;ll )>- 1\1.1 lh- u l.--l rn' I Lc = ",,<<1 B _ ~ ~ ~~ ~ ~ 1== IU ..}X)j tn il --:;;;;-11 I \ f'\lH ~ !It'ISL -l--1 _ ,III '>= if lI-' W~~,.. ILl! " ~ ~~ "1111111' ~ 9~~_ ~~ .J 1 "'=, i I, ~.A e~ lii 0 Itb - rL=-- ~ \- :II. ~ r-v~ -_~'I [, ~ J, ~;:.~ I !"i. ..;-1 1- vJ c ~ - Joint Planning Area Boundary Line Affected Parcels to be added to the JPA f881 :1 006.320528.3 -9- Exhibit "H" Twelfth JP A Amendment ORLA_1613286.1 -14- APPHI..J'/l.O IV QRANGf. COUNT,!, BOARD QE COUNTY COMMISSIONER~ .,ig~'_ TWELFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE Exhibit "H" (CASE NO. JP A-04-009: FULLERS CROSS COMMERCIAL PUD) THIS TWELFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment") is made and entered into as of the ~ day of AtA1~' 2004, 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 a certain Joint Planning Area Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the Seventh Amendment thereto dated February 10, 2004, as amended by the Eight Amendment thereto dated February 10, 2004, as amended by the Ninth Amendment thereto dated February 10,2004, as amended by the Tenth Amendment thereto dated February 10,2004, as amended by the Eleventh Amendment thereto dated April 6, 2004, and as amended by that certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as the "Joint Planning Area Agreement"); and WHEREAS, the Joint Planning Area Agreement relates to property descnbed therein which is located in and around the boundaries of the City (the "Joint Planning Area"); and WHEREAS, both the County and the City 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 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 (hereinafter the "JPA Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as it relates to certain real property within the corporate limits of the City of Ocoee, consisting of approximately 5,08 acres of land, all as more descnbed in Exhibit "1" attached hereto and by this reference made a part thereof (the "Affected Parcel"); and WHEREAS, the Affected Parcel is 10cated within the Joint Planning Area; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in order to change the land use designation shown on the JP A Land Use Map for the Affected Parcel from "Low Density Residential" and ConservationIWetlands" to "Commercial" and ConservationlWetlands" (hereinafter referred to as the "Proposed Map Amendment"); and WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the County amend the JP A Land Use Map as it relates to the Affected Parcel; and -2- WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Amendment; and WHEREAS, the local planning agencies of both the County and City have considered this Amendment and made recorrnnendations to the Orange County Board of County Commissioners and the Ocoee City Corrnnission, respectively; and WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, this Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission. 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 t. herein by reference. Recitals. The above Recitals are true and correct and are incorporated Section 2. Authoritv. This 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 City, and (4) the Joint Planning Area Agreement. Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Affected Parcel: Amendment to Joint Planninl! Area Alrreement. The JP A Land Use Map is hereby amended to change the land use designation of the Affected Parcel from "Low Density Residential" and ConservationlWetlands" to "Commercial" and -3- Conservation/Wetlands." The Affected Parcel is descnbed in Exhibit "1" attached hereto. The existing Exhibit "B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is to be amended to incorporate this Amendment. All references in the Joint Planning Area Agreement to Exhibit "B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Amendment. Section 5. Continuinl! Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. -4- IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above, ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS B1A:& of ~_ela..' ~County hainnan DATE: g. 4-.. 0 {- ~ ATTEST: M~ (). County Comptroller As Clerk of Bow of County Cormnissioners/- d? /~~/?- ~uty ererk ---------- -5- FOR TIlE USE AND REliANCE ONLY BY TIlE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ~ day of S V(\[ ,2004 FOLEY & LARDNER LLP f~(fWJjJ By: city Attorney CITY OF OCOEE, a Florida municipal corporation By.?~ d:!J Attm: ~~~~ r J GRAFf ON, City irk (SEAL) APPROVED BY TIlE OCOEE CITY COMMISSION AT A MEETING HELD ON :J c. A1& I ~ , 2004 UNDER AGENDA ITEM NO. t 1.43. b -6- STATE OF FLORIDA COUNlY 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 S. SCOTT V ANDERGRIFr and JEAN GRAFTON, 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 subscnbing witnesses freely and voluntanly under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this ~y of J' ut'\e. , 2004. HOLLY AYCOC:<< MY COMMISSION . DO 3241.. EXPIAES: May ft. _ Name of Notary (type, . Commission Number (if not legible on seal): My Commission Expires (ifnot legible on seal): -7- EXHIBIT "1" LEGAL DESCRIPTION OF AFFECTED PARCEL VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00051'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4,501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89057'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05022'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00043'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05044'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70037'57" W, 148.52 FEET; N 45000'00" W, 80.00 FEET; S 82040'19" W, 190,87 FEET; S 29000'00" W, 103.00 FEET; S 81003'31" W, 117.43 FEET TO THE POINT OF BEGINNING. -8- Exhibit "I" Thirteenth JP A Amendment ORLA_1613286.1 -15- APPROVED BY ORANGE COUNTY BOARD QE coul'tn COMMISSIONERS NOV 2 9 2005 ~l~ THIRTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE Exhibit "I" (Case No. JPA-05-010: McCormick Woods Phase 3) THIS THIRTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment") is made and entered into as of the 29 day of November, 2005, 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 a certain Joint Planning Area Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the Seventh through Tenth Amendments thereto dated February 10, 2004, as amended by the Eleventh Amendment thereto dated April 6, 2004, as amended by the Twelfth Amendment thereto dated August 3, 2004 and as amended by that certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as the" Joint Plmming 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 - I - WHEREAS, both the County and the City 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 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 (hereinafter the "JPA Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as it relates to certain real property within the corporate limits of the City of Ocoee, consisting of approximately 9.866 acres, and as more particularly described in Exhibit "1" attached hereto and by this reference made a part thereof (hereinafter the" Affected Parcel "); and WHEREAS, the Affected Parcel is located within the Joint Planning Area; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in order to change the land use designations shown on the JP A Land Use Map for the Affected Parcel from "Institutional " to "Low Density Residential" (hereinafter referred to as the "Proposed Map Amendment"); and -2- WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the County amend the JPA Land Use Map as it relates to the Affected Parcel; and WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Amendment; and WHEREAS, the local planning agencies of both the County and City have considered this 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, this Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission, 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 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 City, and (4) the J oint Planning Area Agreement. -3- Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated, Section 4. Affected Parcel; Amendment to Joint Planning Area Agreement. The JPA Land Use Map is hereby amended to change the land use designation of the Affected Parcel from "Institutional" to "Low Density Residential". The Affected Parcel is described in Exhibit "I" attached hereto, and a map of said land herein described which clearly shows the area is attached hereto as EXHIBIT "2" and by this reference is made a part hereof. The existing Exhibit "B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is to be amended to incorporate this Amendment. All references in the Joint Planning Area Agreement to Exhibit "B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Amendment. Section 5. Continuing Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. -4- IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS By It? d ...bL _d,.... r- Coun~ Chairman DATE: I-/~ -e>b A TTEST: Martha O. Haynie , County Comptroller As Clerk of Board of County Commissioners /~?~ ~puty Clerk . ST ATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to t~ki acknowledgments, personally appeared RICHARD T. CROTTY and Rosilyn M. Stap e on , personally known to me to be the Mayor and Deputy County Clerk, respectively, of ORANGE COUNTY, a Florida political subdivision, 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. --r WITNESS my hand and official seal in the 0 nty and State last aforesaid this /fctay of Jftn UfJflV ' 200j" . ture of Nota~J\ CalIIK.HIII . ~ j Mv CommiIIIon ooaotIO ~CIf ~ Explres June 17 2008 Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): My Conunission Expires (if not legible on seal): -5- WITNESSED: FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDAjAPPROVED AS TO FORM AND LEGALITY this ~day af ~ , 2005 FOWLER & O'QUINN, PA BY:~~ Special au CITY OF OCOEE, a Florida municipal corporation " ..-.....'c~.-~ . BY~:") ~j'~,rJ /.;.:~ S. SCOTT Y ANDERGRI lerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON June 7.2005. UNDER AGENDA ITEM NO. 10 d. -6- STATE OF 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 S. SCOTT VANDERGRIFT and BETH EIKENBERRY, 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 under authority duly vested in them by said municipality. WITNESS my hand and official seal ' of j)Pi't'~{ly , 2005. e County and State last aforesaid this :3D-JI. d J>~ a\. Melanie 5 Sibbill . ~ .: My Commission 00116803 \;: "" ",J' Expires Augusl13, 2006 Name of Notary (type, printed or stamped) Commission Number (if not legible on seal):___ My Commission Expires (if not legible on seal): -7- Exhibit" 1" LAND DESCI~IPTlON MCCORMICK WOODS PHASE 3 p.. PORTION OF SECTION 32.rO\NNSHIP 21 SOUTH. RANGE 28 EAST. ORANGE COUNTY, FLORIDA BEING MORE Pf,RTICULARL Y DESCRIBED AS FOLLOVVS: BEGIN AT THE NORTHEAST CORNER OF THE NQRTHE/\ST ONE.QUARTER (NE 1/4) OF THE SOUTHWEST ONE.QUARTER (SIN 1/4) OF SECTION 32, TO\^JNSHIP 21 SOUTH, RANGE 28 EAST; THENCE SOUTH 00"07'25" EAST ALONG THE EAST LINE OF THE NORTHEAST ONE.QUARTER (NE 1/4) OF THE SOUTHWEST ONE~ QUARTER (SIN 1/4) OF SAID SECTION 32. A DISTANCE OF 707.93 FEET; THENCE NORTt-1 88"23'49" V./EST, 618.03 FEET: THENCE NORTH 00"07'39" WEST ;\LONG THE EASTERLY RIGHT~OF.W^Y OF STATE ROAD 429. A DISTANCE OF 683.41 FEET: THENCE NORTH 89<19'46' EAST ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE SOUTHWEST ONE-QUARTER {SVV 114) OF SAID SECTION 32. p., DISTANCE OF 617.B2 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN OR/\NGE COUNTY, FLORIDA, CONTAINING ~.866 ACRES, MORE OR LESS. -8- FLORIDA January 19, 2006 Terry James, AICP Principal Planner City of Ocoee 150 North Lakeshore Drive Ocoee,FL 34761 SUBJECT: Thirteenth Amendment to the Joint Planning Area Agreement between Orange County and City of Ocoee, Dear Mr. James: For your records enclosed is one (1) original executed Thirteenth Amendment to the Joint Planning Area Agreement between Orange County and City of Ocoee. If you have any questions, please call Althea Jefferson at (407) 836-5603. Sincerely, aw~ckA M~ Awilda Morales, Administrative Assistant Planning Division lam J !" ~.\ ') f n I' '- '-r ... ~ .") PLANNING DIVISION CHRISTOPHER R. TESTERJ.'\:lAJ.~, AICP, Manager 201 SauUI Rosalind A\'cnllc, 2nd Floor. Reply 1b: Post Office Box 1393 . Orlando, FL 32802-1393 Telephone 407-836-5600 . FAX 407.836.5862 .orungecountyfl.nel Exhibit "J" Fourteenth JP A Amendment ORLA_1613286.1 -16- APPROVED BY ORANGE COUNTY BOARD Of CDUNt'l COMMISSIONERS JA~2 7 2009 ~/f!; FOURTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE Exhibit "J" THIS FOURTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment") is made and entered into as of the Ll day of JAN 2 7 2009 , 2008, 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 a certain Joint Planning Area Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the Seventh through Tenth Amendments thereto dated February 10, 2004, as amended by the Eleventh Amendment thereto dated April 6, 2004, as amended by the Twelfth Amendment thereto dated August 3, 2004, as amended by the Thirteenth Amendment thereto dated November 29,2005 and as amended by that certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1988 (hereinafter collectively referred to as the "Joint Planning Area Agreement"); and WHEREAS, both the County and the City exercise comprehensive planning authority pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and ORLA_1019508.4 I 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 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 (hereinafter the "JP A Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement to add lands within unincorporated Orange County, more specifically described in Exhibit "1" attached hereto and by this reference made a part hereof (the "Affected Parcel"), to the Joint Planning Area within which the City may annex lands and to establish the future land uses with respect to those lands; and WHEREAS, the County and the City have the authority to enter into this Amendment pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act in general and Section 163.3 171, Florida Statutes, in particular; and WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the County amend the JP A Land Use Map as it relates to the Affected Parcel; and WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Amendment; and WHEREAS, the local planning agencies of both the County and the City have considered this Amendment and made recommendations to the Orange County Board of County Commissioners and the Ocoee City Commission, respectively; and ORLA_1019508.4 -2- WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, this Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission. 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 t. herein by reference. Recitals. The above Recitals are true and correct and are incorporated Section 2. Authoritv. This 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 City, and (4) the Joint Planning Area Agreement. Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Amendment to Joint Plannine: Area. The Joint Planning Area as set forth in Exhibit "A" to the Joint Planning Area Agreement, as heretofore amended, is hereby further amended to add the Affected Parcel to the Joint Planning Area. All references in the Joint Planning Area Agreement to Exhibit "A" shall be deemed to refer to and include the land depicted on Exhibit "2" attached hereto. Section 5. Amendment to the Joint Plannine: Area Land Use Map. The JP A Land Use Map is hereby amended to establish a land use designation for the Affected Parcel (subject to inclusion of the Affected Parcel in the Joint Planning Area) as "Low Density Residential". The ORLA_1019508.4 -3- existing Exhibit "8" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is hereby amended to incorporate this Amendment. All references in the Joint Planning Area Agreement to Exhibit "8" shall henceforth be deemed to include the JP A Land Use Map as amended to incorporate this Amendment. Section 6. Text Chane:e - Future Annexation. Subsection 6.D. of the Joint Planning Area Agreement, as amended, is hereby amended to read as follows: D. Future Annexation. 1. The parties hereto acknowledge and agree that lands located within the Joint Planning Area, including any enclaves located therein, are logical candidates for annexation by the City, subject to the provisions of Chapter 171, Florida Statutes. The City shall provide written notice of the proposed annexation, fiscal impact analysis and a corresponding service plan to the County at least fifteen (15) days prior to the initial reading of the proposed annexation ordinance and shall provide written notice to all affected property owners at least fifteen (15) days prior to the initial reading of the proposed annexation ordinance. In the event that such an analysis is conducted which, in the sole opinion of the City meets the requirements of this subsection, and the terms and conditions of this Agreement are otherwise complied with, then the County covenants and agrees that: (1) it will not oppose the Annexation by the City of any such lands located within the IP A and (2) it will not file suit against the City challenging the validity of any ordinance annexing into the corporate limits of the City any such lands located within the Joint Planning Area or otherwise challenge or oppose any such annexation ordinances. The agreement of the County as set forth in this Section 6(D) is a material inducement to the City to ORLA_1019508.4 -4- enter into this agreement and it is acknowledged and agreed that the City would not enter into this Agreement but for the inclusion of this Section 6(D). 2. Nothing herein shall be construed as amending any annexation law nor altering the interest of either party under the Municipal Annexation or Contraction Act, Chapter 171, Florida Statutes. No area within the JP A shall be considered as within the jurisdiction of the City until such time as annexation of such area has been lawfully completed. Annexation shall not be construed as removing any area within the JP A from the coverage of this Agreement. 3. Infrastructure. As the City lawfully annexes property located within the Joint Planning Area, as described in this Agreement, the parties agree to work together in good faith to enter into Interlocal Agreements to resolve any and all issues related to the transferring of that infrastructure, associated permits and other property rights (such as easements) which primarily benefit the area that is subject to the annexation, including but not limited to those improvements described above. 4. Enclaves. a. Within two (2) years from the effective date of this Agreement, the City and the County shall work together in good faith to enter into interlocal agreements pursuant to Section 171.046(2)(a), Florida Statutes, to eliminate enclaves of ten (10) acres or less which exist on the effective date of this Agreement. b. For County-owned property which will become or becomes surrounded by the City as a result of an annexation, the County may in its sole discretion provide the City with written notice prior to or after the annexation informing the City whether it desires for the City to annex the "enclave," and the City agrees to comply with the County's request regarding the enclave within six (6) months. Such County-owned property shall not be deemed to be an enclave if the County does not request said property to be annexed by the City. ORLA_1019508.4 -5- Section 7. Continuine: Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. ORLA_1019508.4 -6- . I IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. WITNESSES: -A~~ Printed Name: rlv J <;<l1D~ 1I~.'!i~ Printed Name: K. R v)J t.,' v'1 i () IJ /' r FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS ~ FORM o;~ALITY this ~ day ot , 2008 FOLE1)& LAJf'?,~ By: ~ t'Wf ? City Attorney ORLA_1019508.4 ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS ~: 17 d~~- J_ "/-tv C ty Mayor DATE: /. 2.~.~ 1 CITY OF OCOEE, a Florida municipal corporation By: 5 .~ S. SCOTT V ANDERGRI Mayor Atte~~g,j~~ EIKENBERRY, City CI (SEAL) APPROVED BY THE OCOEE CITY COMfSSION AT A MEETING HELD ON Or ..:L \ , , 2008 UNDER AGENDA ITEM NO. 6' . -7- STATE OF 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 S. SCOTT VANDERGRIFT and BETH EIKENBERRY, 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 under authority duly vested in them by said municipality. )j 'V":rNESS my hand and official seal in e County and State .la.,st af7/;j'u.isa2/~~aY of (L~f"W ,2008. ~ Signature Of~otary. . . t....Li ~"\\\\'l\1:l""'II"11 /J , (. J:' s;: t /;. I r ~,".,~\'tP :JO ]./. t/~ "l, ~ ~ ......... 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I~Vi ~~" ~11"'''"t4'''''''' ORLA_1019508.4 -8- EXHIBIT" 1 " LEGAL DESCRIPTION OF AFFECTED PARCEL (phase II & III) ORLA_1019508.4 Exh ibit 2 51 ~ ~ f ~ ~~' E."SlI'~E~1EX Proposed Modifications to the Ocoee/Orange County Joint Planning Area Agreement ~ Add to JPA Existing JPA Boundary Exhibit "K" Fifteenth JP A Amendment ORLA_1613286.1 -17- APPROVED BY ORANGE COUNTY BOARD DE COUNrt COMMISSIONERS JAN 2 7 l009 "Sbl e:> Exhibit "K" FIFTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE TillS FIFTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment") is made and entered into as of the _ day o~AN 2 7 2009 ,2008, 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 a certain Joint Planning Area Agreement, dated February II, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the Seventh through Tenth Amendments thereto dated February 10, 2004, as amended by the Eleventh Amendment thereto dated April 6, 2004, as amended by the Twelfth Amendment thereto dated August 3, 2004, as amended by the Thirteenth Amendment thereto dated JAN 2 7 2009 November 29,2005, as amended by the Fourteenth Amendment thereto datea ,2008 and as amended by that certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1988 (hereinafter collectively referred to as the "Joint Planning Area Agreement"); and WHEREAS, both the County and the City exercise comprehensive planning authority pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and ORLA_1126741.1 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 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 (hereinafter the "JPA Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement to add lands within unincorporated Orange County, more specifically described in Exhibit "I" attached hereto and by this reference made a part hereof (the "Affected Parcel"), to the Joint Planning Area within which the City may annex lands and to establish the future land uses with respect to those lands; and WHEREAS, the County and the City have the authority to enter into this 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 City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the County amend the JPA Land Use Map as it relates to the Affected Parcel; and WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Amendment; and WHEREAS, the local planning agencies of both the County and the City have considered this Amendment and made recommendations to the Orange County Board of County Commissioners and the Ocoee City Commission, respectively; and ORLA_1126741.1 -2- WHEREAS, pursuant to Section 163.3171 (3), Florida Statutes, this Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission. 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. herein by reference. Recitals. The above Recitals are true and correct and are incorporated Section 2. Authoritv. This Amendment is entered into pursuant to (I) Chapters 125, 163 and 166, Florida Statutes, (2) the general authority of Section 163.0 I, Florida Statutes, relating to inter local agreements, (3) the Charters of the County and City, and (4) the Joint Planning Area Agreement. Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Amendment to Joint Plannin!! Area. The Joint Planning Area as set forth in Exhibit "A" to the Joint Planning Area Agreement, as heretofore amended, is hereby further amended to add the Affected Parcel to the Joint Planning Area. All references in the Joint Planning Area Agreement to Exhibit "A" shall be deemed to refer to and include the land depicted on Exhibit "2" attached hereto. Section 5. Amendment to the Joint Plannln!! Area Land Use Map. The lPA Land Use Map is hereby amended to establish a land use designation for the Affected Parcel (subject to inclusion of the Affected Parcel in the Joint Planning Area) as "Low Density Residential". ORLA_1126741.1 -3- The existing Exhibit "B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is hereby amended to incorporate this Amendment. All references in the Joint Planning Area Agreement to Exbibit "B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Amendment. Section 6. Continuinl! Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. ORLA_1126741.1 -4- I -, IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. WITNESSES: df~~~~i\~lt~ X::~ ~ lrl- Printed Name: . IT -Hf. v ,.) l. I 'pI" ..J , / FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED ASTOFORM~~ this~nf 2008 ::u;vr;;:rriINJdJ City Attorney ORLA_1126741.1 ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS y ~/ ~/."', .J< ~ Co ty Mayor DATE: /.21. f!JitJ CITY OF OCOEE, a Florida municipal corporation By: (SEAL) APPROVED BY THE OCOEE CITY CO~S~ION AT A MEETING HELD ON ~ 2\ ,20j!!lJNDER AGENDA ITEM NO. ' ~ . -5- STATE OF 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 S. SCOTT VANDERGRIFT and BETH EIKENBERRY, 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 under authority duly vested in them by said municipality. \\\\\\1111 """'/., '1\\'\ ~\llS:' IlloIl ~~~ ~Q........!l~ ~ *.(),?.~llJUl1~'-'. lY ~ ~~..:r ~~<t:..~~ :::~. . .--v ~. ~~ : l BOHrL;OOI \~~ :...: .'. : ~ : ~1Il~ :-\t~ :::, .. ~ ,to.::: \ '.. q,arlll~;'\'''' i z. .' ~ ~~~.'~~!.B~.~.~~, ~/1I1.'q;$ 'S 3\~~ ~(# ~"'I/''',,"\\\\\'~ .)'1 . s 'Z I day l wrr~ss my hand and official seal . of J C+J ~d ,2008. ~JtL'f ame of Notary (type, printed or stamped) Commission Number (if not legible on seal): pD 1;7 yy;; sv My Commission Expires (if not legible on seal); j1- /':?- U I () S~ ~b'7f- ORLA_1126741.1 -6- EXHffiIT "1" LEGAL DESCRIPTION OF AFFECTED PARCEL (phase I) Lot 31, a portion of Lot 32, Lots 37, 38, the North % of Lot 41 and the North % of Lot 42 of the plat of ROSE HILL GROVES as recorded in Plat Book H, Page 146 of the Public Records of Orange County, Florida; LESS: the East 5.00 feet of Lots 31, 38, and LESS: the East 5.00 feet of the North % Lot 41 for road right of way. TOGETHER WITH: Those 25.00 foot rights of way as shown on said plat of ROSE HILL GROVES coincident with the above described lots; LESS: road right of way for Good Homes Road, being more particularly described as follows: COMMENCE at the West % corner of Section 22, Township 22 South, Range 28 East, Orange County, Florida; thence South 89049' 35" East along the North line of the Southwest % of said Section 22 and the centerline of an unnamed street according to the aforesaid plat of ROSE HILL GROVES, a distance of 43.53 feet to the POINT OF BEGINNING; thence continue South 89049' 35" East along said North line and centerline, a distance of 1246.33 feet to the West Right of Way line of Good Homes Road, (said Right of Way line being 30.00 feet West of, when measured at right angles and parallel with, the East line of the West % of the Southwest % of said Section 22); thence South 000 24' 02" West along said Right of Way line, a distance of 1706.99 feet to the South line of the said North 1/2 of Lots 41 and 42 of ROSE HILL GROVES; thence North 890 36' 14" West along said South line, a distance of 1297.13 feet to the West line of the said Southwest % of Section 22 and center line of an unnamed street according to said plat of ROSE HILL GROVES; thence North 000 38' 44" East along the West line and center line, a distance of 950.00 feet; thence North 190 40' 14" East, a distance of 148.97 feet; thence north 000 10' 25" East, a distance of 611.55 feet to the Point of Beginning. Containing 49.889 acres, more or less. ORLA_1126741.1 EXHIBIT "2" [Insert current Map of JP A Boundary with Affected Parcel shown outlined and labeled, similar to Exhibit "2" in the Fourth JP A Amendment] Exhibit 2 li1 ! .: > "' If ~ #"" ~, v.sl'l~ES1 ~ Proposed Modifications to the Oeoee/Orange County Joint Planning Area Agreement ~ Add to JPA Existing JPA Boundary Exhibit "L" Page 7-27 of the Intergovernmental Coordination Element ORLA_1613286.1 -18- Intergovernmental Coordination Element CP A-95-1-1 CP.^~ 99 1 2 CPA-99-002 CP.\ 2001 1 1 CPA-2002-1-1 CPA-2010-006 CITY OF OCOEE-ORANGE COUNTY JOINT PLANNING AREA AGREEMENT FEBRUARY 11, 1994 15t Amendment to Agreement August 4, 1998 15t Amendment to Land Use Map August 4, 1998 2nd Amendment to Agreement January 19, 1999 3rd Amendment to Agreement November 2, 1999 4th Amendment to Agreement November 14, 2000 5th Amendment to Al!reement Julv 15.2003 6th Amendment to Al!reement Julv 15. 2003 7th Amendment to Al!reement Februan' 10. 2004 8th Amendment to Al!reement Februan' 10.2004 9 th Amendment to Al!reement Februan' 10. 2004 10th Amendment to Al!reement Februan' 10.2004 11 th Amendment to Al!reement Aoril 6. 2004 12th Amendment to Al!reement Aue:ust 4. 2004 -23- Intergovernmental Coordination Element 13 th Amendment to Al!reement November 29. 2005 14th Amendment to Al!reement January 27. 2009 15th Amendment to Al!reement January 27. 2009 16th Amendment to Al!reement December 4. 2009 -24- CP A-95-1-1 CP i\. 99 1 2 CP A-99-002 CP.^.. 2001 1 1 CPA-2002-l-1 CPA-2010-006 Exhibit" M" Page 1-5 of the Future Land Use Element -21- CP A-2002-1-1 CPA-2010-006 Future Land Use Element . Historic development and population trends in Ocoee since 1980. . Future zoning and permitted uses, consistent with the adopted future land use map of the Ocoee Comprehensive Plan. . Inventory of all undeveloped and undevelopable land. . Inventory of all approved and proposed developments, subdivision plans and Planned Unit Developments (PUDs). . Orange County School Board or school enrollment and construction data. . U.S. Census data from 1950, 1960, 1970, 1980, and 1990 Censuses and Florida's Bureau of Business and Economic Research (BEBR) estimated population projections for the basis of historic and future populations. For the purpose of the population projections, the 1990 Census average persons per household for single-family units was set at 3.03, multi-family units at 1.72, and seasonal units at 2.08. Table 2 below lists the population and dwelling unit projections for 1997. Based upon a comparison of land-use based population projections versus historic growth rates both in housing units and employment, it was determined that the City and lP A would substantially build out by 2020. Table 2 shows the seasonal population remaining constant. Seasonal population is primarily comprised of migrant farm workers with a small population of "snow birds" and persons with extended business stays. The methodology assumes that the number of migrant workers will steadily decrease through 2020 as agricultural lands are developed, while the number of "snow birds" and persons with extended business stays will proportionally increase through 2020. Table 2 Projected change in Permanent and Seasonal Population and Dwelling Units, 1997-2020 Year Single- Pop. Multi- Pop. Seasonal Pop. Total Total Family 3.03/ family 1.72/ Units 2.08/ Units Pop. Units DU Units DU DU 1997 10,736 32,530 967 1,660 470 981 12,173 35,171 2005 15,364 46,553 3,518 6,040 470 981 19,352 53,572 2010 18,307 55,470 4,249 7,296 470 981 23,026 63,745 2020 22,270 67,478 4,916 8,441 470 981 27,656 76,899 Source: City of Ocoee Master Transportation Plan, November 1998. Since 1997, the JP A Agreement has been amended few: seventeen times. The 1 st and 2nd .\meBameats ','lere text .^Jn6admeBts. The 3rd .\meadm6Bt to the JP.\ resulted in the aaditiea of property ia the nertheast portion ef the JPA and sHbtraeted property from both the eastern and soutftwestem pertioas of the JPA. The JPi\. was amended again ia Jal'H:l8:l) of 2GOl (1th .\mendmeat), wmeh rest:lltea in ehaBges to land uses on the lP.^.. Map in north...;estem area efthe JPA. Collectivelv. the amendments have modified the text of the JP A. chanl2:ed land uses within oortions of the lP A. and chanl2:ed the boundary of the JP A. EXHIBIT "N" Revised Future Land Use Map (Figure 2) f - n ~ '" f ~ 1/ " 0; Q -< 2- 0 n 0 (1) () (1) 0 () 3 0 3 "0 3 Cil c :T " ro ~ ::l 0 rn (1) <' < (1) ro 0 \J '0 iil 3 (1) ::l :l 0 (1) '0 " ;+ 3 (1) :l II']'. en o c n ~ Q -< 2- o n o (1) (1) Exhibit "N" ." c - c ..... CD r OJ ::l 0- C C/l CD G '. , incn. = 3000 fool 1.500 3.000 F~l . . . . .............. ., . . . v.... . . . .. :., ."- - ,. 1 2l ~.""'--:c=.__-:"'C " ,. < z ~ ,. z " ;0 - " ~, :i .- -,\~' ~- 0'1 \'1105'.10)...... @~r~ ~;=~~@)~~ .....::=->J(-'-_::; _.. ~; ., i'- Legend ,. i' Future Land Use Classification: I Low Density Residential _ Medium Density Residential _ High Density Residential _ Professional Offices and Services _ Commercial BiiI Ught Industrial _ Heavy Industrial _ Conservation/Floodplains _ Recreation and Open Space _ Public Facilities/Institutional y / ~:n6:~~~n~Sidential i";";; Orange County Industrial _ Joint Planning Alea Boundary - City Limits Boudary Outside of JPA I1S!I Unincorporated Orange County Lake I Pond ... VVest Orange Trail -.- Rail Line _ Expressway o Stale Road o County Road ;r. f;.~::.;,:, 0.-2'':'': il.~.. ::::~ ~~:~ -\..- ,.,.t>' '';;~i~~ -\:\ " ~ ,~' to' ~ r::: Cil [ 1.1' ,~ ~ ". N '" " <> II \\ \ .'" '-'.~r.~,~~. t" \~ ~ 1~ ~i.""_. :1:- " " EXHIBIT "0" Revised Existing Land Use Map (Figure 1) ~- ~ n.\ 0. '" f r (f " in o o 3 "0 ro :T CD ::l en <' CD -0 iii" ::l o , inch = 3000 feel 1,500 3,000 F~t Q -< 8- o n o ct> ct> () o 3 3 c 2. -< o ct> " ct> 0' " 3 ct> '" o ct> " n> ;:> 3 ct> '" Exhibit "0" m en ~. 0 (fl S; :::!: n :J ~ Q en -< r 8- OJ 0 :J n Q. i~E. 0 (1t C (1t (fl (I) " to' <:: Cil .,..~. - ~.... ~;- 'i~-~:t??r~~~~-~;'F~ . " -'1"~'~:. p~' ~~' .~~J'.J ~ i ~ o o li:;:111! " :~ll ;;-Jj '\'T. y .' l(~-~\ ~.~~~t .~ "r)~'.~.'" '~~1"'""" --'--:-rr '~i,~~~~1~~ ~H~ ~t~~~~,i ~_..J. . 'rlr jl~l.~ ~r Existing Land Use Classification: _ Agricultural - .J Low Density Residential _ Medium Density Residential _ High Density Residential _ Professional Offices and SelVices _ Commercial _ Light Industrial _ Heavy Industrial _ Conservation/Floodplains _ Recreation and Open SpaCe _ Public Facilities/Institutional _ Stormwater Facilities r:.'!I Vacant _ Joint Planning Nea Boundary - City Limits Boudary Outside of JPA rm:11 Unincorporated Orange County r! .. Lake f Pond ... West Orange Trail --+- Rail Line _ Expressway o State Road o County Road Legend ~y of Advertisement Date Published and Media Narr '. '., '., .~. ti~ : ~~~Jt~r~()l~(a Up " rU,e"~ "'JJ~ ~()~~ : I4p ~ b 4~fj., ~r. h '. " ""G~ ~~ ~"% ,'1'e4 . Advertisement or .ta" IJ/ J14/ I&~ ~hl ~19 , q.br. ~Q' ". (44' {I' "" 41.Jf"#?S' " l~l)o'~oq%~#l'o9l'.9 ~ 441; \04lA ~~ 0 . t., ~qfll)~ ;~el)$th 1q1e~'O .rrq~r ~j,e ' ":If..~" ~~. ~b (14~, qQ). <% 114)/ '0,% l1Yel'1l q",e. ~ ~ ~V'" ,It. ,,~, " . 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'tJ# & 01' e.r 0/ '''oq ~'OI'~, -;>()S-.i'~;6~fI~t;r0:q~ ~~t.r~o'l1rt.rtQ ~oepfI~.O/J:::ltiJfI:; '. rOl)t 11,;6 . r;f i :qQ,., ~ /')): . '.r~eq' ~re,J 'fJ/)'t oJ.r.,,L.~~ -....IJI. 11~ ' v ~eG; "~'~.r 1?r1l q/~ I~ <h e.r 1)19 /Qe t 'OeQ't '0 Pfll , 'OI'~. ~ 'D.r6~ 11 eo?,r. <i4r ,f, .rt7~~q.rJ:' 11~ fll'e fll) /2 're1", (,r~1l ql)o' %. 60{l, re /q '4f11' "'.rli, ~.J6 '/J/p . <17/0 t\N~) ~:>r\-em'c\?.r q I 20\0 / Or\~t'J) S::r\\l~1C D \" a\~ Ex-\-\6. G:6 ~y of Advertisement (that ran In the print media) Date Published and Media Name l\h\..l\~'. s{"~?,-f'J\\ \\e__, C\ 1 2.0 \D \~C \.J2le..st or&~ \UY\e:) C1 f-\ Advertisement or Article , ' " ' CITY OF OCOEE -.NOTICE OF.PUBLIC'HEARING" . . ~ ~ ,~. ~ 'j " , PASr JPA AMENDMENTS"'''& FUTURE LAN/D USE MAP CLEAN UP." '. LARGE SCALE COMPREHENSIVefPLAN' . AMENDMENT CPA-20tO:r'006' . . ~ .' ,,";l:' ". . .. '..:.. .'~ .:.,;. , , '1'" A. ,,~t;;'~-f..:"'~/' NOTICE IS HEREBY given that the OCOEE CITY COMMISSION will consider a proposed large scale amendment i. to th~ City of Ocoee Comprehen~ive Plan to (i) amend t~e Intergov~rnm~ntal Coordination EI~merit toiricorpo- rate Into th~ Ocoee Comprehensive Plan amendments Five (5) through Fifteen (15) to theOcoee/Orange CoLinty Joint Planning Area Agreement (JPA), (ii) amend Subsection I the Future Land Use Element in order to reflect amendments' Five through Sixteen (16) to the JPA; (iii) amend the Future Land Use Map (Figu're 2) of.the Ocoee Comprehensive Plan to conform to the JPA, as amended; and to reflect small scale comprehensive' plim amend- ments and annexations since the last update to Figure 2; and (iv)" u'pdate. the Existing Land Use Map (Figure '1) to conform to the JPA, as amended, and to reflect small scale comprehensive plan amendments and annexations . since the last update to Figure 1. "; ...,; .,,,,', , ~~. . ..,.,...." . !.; . " .:..;. :~' )t ~,,-:~::,';'.~(~' "'':\1 ~I ";t'..'~' ,. .', ,~ The OCOEE CITY COMMISSION will hold a public hearing.on the proposed large sCale amendmen(onTUESDAY, SEPTEMBER 2112010 At 7:15 PM, or as soon thereafter as practICal. The public hearing will be held in the City . Hall Commission Chambers located at 150 North. Lakeshore,Drive, Ocoee. .. , . '.!. " p#'"i'. '''~1",,'.;, 'I ';;:f?:!"'~,. " ~~:' ;..J. ~i,-;;.r~-":::','" ;,-" : .:.... . ',. . ., AN ORDiNANCE OF THE CITYOFOCOEE, FLORIDA"AMENDING THE OCOEE COMPREHENSIVE PLAN AS ,-'.~ ADOPTED IN ,1991, AS AMENDED; AMENDING,THE INTERGOVERNMENTAL COORDINATION ELEMENT OFTHE COMPREHENSIVE PLAN TO ADD THE FIFTH THROUGHFIF.TEENTH 'AMENDMENTS TO .THE JOINT..P,LANNING ' AREA AGREEMENT BETWEEN THE,CITY OF OCOEE AND ORANGE COUNTY, FLORIDA; AMENDING THE FUTURE , LAND USE ELEMENT TO REFLEClTHE FIFTH THROUGH SIXTEENTH AMENDMENTS TO THE JOINT PLANNING AREA AGREEMENT; AMENDING JHE.FUTURELAND USE MAP,(FIGURE 2) TO CONFORM TO THE JotNT PLAN~ NING AREA AGREEMENT, AS AMENDED. AND TO REFLECT SMALL SCALE COMPREHENSIVE PLAN AMEND- MENTS AND ANNEXATIONS SINCE SEPTEMBER 2002; AMENDING THE EXISTING LAND USE MAP (FIGURE 1) ..~ TO CONFORM TO THE JOINT PLANNING AREA AGREEMENT,AS AMENDED, AND TO REFLECT SMALL SCALE ' , COMPREHENSIVE PLAN AMENDMENTS AND 'ANNEXATIONS SINCE JANUARY 2001; PROVIDING FOR SEVER- ABILl1Y;PROVIDING FOR' AN EFFECTIVE DATE: " '" ' I This Large Scale Comprehensive Plan Amendment will change the land use 'of properties located within the municipal limits of the City and/or the Ocoee/Orange Cpunty Joint Planning Area. .' . , , " ~,.,. "" ,~... ago gQ:~~Q ~;QgQ. "-:T_ ~ ~ " "", . '< :::J .... 0 S" ~~ m ~ 2.~ '; .g. ~ _ CJ ~~