HomeMy WebLinkAboutItem #09 17th Amendment to Ocoee-Orange County Joint Planning Area Agreementtie C of Good Lit
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AGENDA ITEM COVER SHEET
Meeting Date: 05/07/2013
Item # 9
Contact Name:
Contact Number:
Michael Rumer�W
Ext. 1018
Reviewed By:
Department Director: _
♦iP
Subject: 17'" Amendment to Ocoee - Orange County Joint Planning Area Agreement
City Manager:
Background Summary:
The Joint Planning Area agreement (JPA) was established with Orange County on February 11, 1994. The
agreement provides for annexation boundaries, Land Use designations, and notification requirements. Orange
County currently has a JPA with the City of Ocoee and City of Winter Garden. The proposed JPA amendments
include changes to the JPA boundary, changes to Future Land use designations of lands, and the inclusion of
facsimile as an authorized form of notification.
The proposed changes to the JPA Future Land Use Map are twofold. First, the western boundary line is being
adjusted to include all of the SR 429 Expressway and remove and add properties into the JPA. Second, the
JPA Future Land Use Map will be amended to change the future land use designation from Low Density
Residential (LDR) to Commercial (COM) for properties located on the south side of West Road and west of SR
429 and to change the future land use designation from Low Density Residential (LDR) to Commercial (COM)
for properties located on the northeast corner of Roberson Road and Tomyn Blvd also called Windermere
Road.
Issue:
Should the Honorable Mayor and City Commissioners approve the Seventeenth (17th) Amendment to the City
of Ocoee - Orange County Joint Planning Area Agreement (JPA) by amending the Western JPA boundary and
amending the JPA Future Land Use Map?
Recommendations
Based on the recommendation of the Planning and Zoning Commission, staff respectfully recommends that the
Mayor and City Commissioners approve the Seventeenth (17th) Amendment to the City of Ocoee - Orange
County Joint Planning Area Agreement (JPA).
Attachments:
Joint Planning Area Boundary and Land Use Map
17 Amendment to Joint Planning Area Agreement between Orange County and the City of Ocoee
Financial Impact:
None
Type of Item: (please mark with an `x')
X Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ()
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
N/A
N/A
N/A
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SEVENTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE
THIS SEVENTEENTH AMENDMENT TO JOINT PLANNING AREA
AGREEMENT (this "Amendment ") is made and entered into as of the day of
, 2013, 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 5, 2004, as amended by the Twelfth Amendment
thereto dated August 3, 2004, as amended by the Thirteenth Amendment thereto dated
November 29, 2005, as amended by the Fourteenth and Fifteenth Amendments thereto dated
January 27, 2009, as amended by the Sixteenth Amendment thereto dated December 4, 2009, 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
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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
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 in
order to completely update the area map and the Land Use Map to reflect all amendments made
to these maps to date, include a land use equivalency chart, and update notification provisions of
the existing agreement; and
WHEREAS, the County and City desire to add certain properties to the Joint Planning
Agreement and to delete certain properties from the Joint Planning Area Agreement; and
WHEREAS, the County and City desire to change the future land use designation on
certain properties that are subject to the Joint Planning Area Agreement; and
WHEREAS, the local planning agencies of both the County and 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, as amended, unless otherwise indicated.
Section 4. Joint Planning Area Map Update The Joint Planning Area, as set forth
in Exhibit "A" to the Joint Planning Area Agreement, is hereby amended and replaced with the
Exhibit " A " attached hereto and by this reference made a part hereof. The amendment to the
Joint Planning Area map includes the addition and deletion of the properties identified in Exhibit
"1" attached hereto and by this reference made a part hereof.
Section 5. Joint Planniny, Area Land Use Map Update The Joint Planning Area
Land Use Map, as set forth in Exhibit "B" to the Joint Planning Area Agreement, is hereby
amended and replaced with the Exhibit "B attached hereto and by this reference made a part
hereof. The amendment to the Land Use Map includes changes to the future land use
designations of the properties identified in Exhibit "2" attached hereto and by this reference
made a part hereof.
Section 6. Text Chany-e amendment -- Notices of Certain Applications Subsection
A. of Section 13 of the Joint Planning Area Agreement, relating to notice, is hereby amended to
read as follows:
A. With respect to all lands located within the JPA, the City and County will each provide to
the other notice of receipt of the following applications: (1) Annexation, (2) Deannexation, (3)
Comprehensive Plan Amendment, including an amendment to the future land use map, (4)
Rezoning, and /or (5) Development of Regional Impact (collectively the "Applications "). For the
purposes of this Agreement, all references to Applications shall include any of the foregoing
which are initiated by the City, the County and /or the property owner. Such notice shall be
provided within thirty (30) days (except for annexation which will be provided within fifteen
(15) business days) of receipt of an Application or initiation of such action by the City or
County. Upon request, either party may obtain a copy of any such Application and be notified of
all public hearing dates with respect thereto and of all other dates on which action may be taken
with respect to such Application.
Section 7. Text Change Amendment -- Notices. Section 20 of the Joint Planning
Area Agreement, relating to notice, is hereby amended to read as follows:
All notices, consents, approvals, waivers, and elections which any party shall be
requested or shall desire to make or give under this Agreement shall be in writing and shall be
given only by hand delivery for which a receipt is obtained or certified mail, prepaid with
confirmation of delivery requested, or by facsimile transmission. Notices shall be addressed to
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the addresses set forth below or that a party may otherwise designate in the manner prescribed
herein.
If to the County: County Planning Manager
201 S. Rosalind Ave.
PO Box 1393
Orlando, FL 32802
Fax: 407 -836 -5862
With a copy to: Orange County Administrator
201 S. Rosalind Ave.
PO Box 1393
Orlando, FL 32802
Fax: 407-836-7399
If to the City: Ocoee City Manager
150 N. Lakeshore Dr.
Ocoee, FL 34761
Fax: 407-656-6895
With a copy to: Director of Planning
City of Ocoee
150 N. Lakeshore Dr.
Ocoee, FL 34761
Fax: 407 -905 -3158
Notices, consents, approvals, waivers, and elections shall be deemed given when received by the
party for whom intended at such party's address first herein specified, or such other address as
such party may have substituted therefore by notice to the other.
Section 8. Continuing Effect Except as expressly set forth herein, the Joint
Planning Area Agreement, as amended, remains unchanged and in full force and effect.
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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.
By:
Teresa Jacobs
Orange County Mayor
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
Date:
ATTEST: Martha O. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
Date:
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 Teresa Jacobs and
Martha O. Haynie, personally known to me to be the Mayor and City Clerk, respectively, of
Orange County, a political subdivision of the State of Florida, and that they severally
acknowledged executing the same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this day
of 2013.
Signature of Notary
Name of Notary (type. printed or stamped)
Commission Number (if not legible on seat):
M
WITNESSES:
Printed N
Printed Name:
CITY OF OCOEE, a Florida municipal
corporation
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Attest:
S. SCOTT VANDERGRIFT, Mayor
BETH EIKENBERRY, City Clerk
(SEAL)
FOR THE USE AND RELIANCE
ONLY BY THE CITY OF
OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of , 2013
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
.2013 UNDER
AGENDA ITEM NO.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared 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 in the County and State last aforesaid this — day
of ' 2013.
Signature of Notary
Name of Notary (type, printed or stamped)
Commission Number (if not legible on
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The Orlando Sentinel
633 North Orange Avenue
MP 132
Orlando, FL 32801
City of Ocoee
#CU00104366
To: Diana Turner
This is to confirm that the advertisement for City of Ocoee published in The Orlando Sentinel on the following date.
Publication Date: Thursday, April 25, 2013
Ad Caption: 17` Amen. to the Joint Plan. Area Agree
Section: Zone – Orange
Size: 3 columns x 10.5"
Job: #1397065 -1
Should you need further information, please feel free to contact me.
Sincerely,
W -1, '� A Crespo
Account Representative Assistant
The Orlando Sentinel
/mdu
State of Florida
County of Orange
The foregoing instrument was acknowledged before me this 25"' day of April 2013, by Aracelis Crespo, who is personally
JULEE D. CLARK
4.. MY COMMISSION A EE 141771
- -_° EXPIRES: November 25, 2016
Bonded Thru Notary PubRC UrAirwiters
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Date PubHshed (and Media Name
E Thursday+ April 25, 2013 Orlando Sentinel I Orange Eutra I G5
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
TO CONSIDER THE 17TH AMENDMEN
TO THE JOINT PLANNING AREA AGREEMENT
NOTICE IS HEREBY GIVEN that the City of Ocoee proposes to amend the following
interlocal agreement: the Ocoee - Orange County Joint Planning Area Agreement
(JPA), as amended. This agreement sets forth logical areas that could be annexed into
the City and appropriate land uses for annexed parcels. The proposed amendments
to the agreement are twofold, first certain properties on the western JPA boundary
are proposed to be added /removed from the JPA to be consistent with the Winter
Garden- Orange County JPA and secondly, there are proposed changes to the JPA
joint land use map for certain properties already in the JPA.
The OCOEE CITY
COMMISSION will hold
a public hearing on the
proposed amendment on
TUESDAY, MAY 7, 2013
at 7:15 P.M. or as soon
thereafter as practical,
at the City of Ocoee
Commission Chambers,
150 North Lakeshore Drive,
Ocoee, Florida. The
Ocoee City Commission
may continue the public
hearings to other dates
and times, as it deems
necessary. Any interested
party shall be advised
of the dates, times, and
places of any continuation
of these or continued
public hearings. Any
continuances shall be
announced during these
hearings and no further
notices regarding these
matters will be published.
Interested parties may
Proposed Modifications
to the OcoeelOrange County
Joint Planning Area (JPA) Agreement
Existing JPA Boundary
Proposed JPA
Boundary Modifications
Proposed JPA Land Use
classification Modifications
appear at the public
hearing and be heard with respect to the proposed actions. The complete case file
may be inspected at the Ocoee Development Services Department/Planning Division
located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday, except legal holidays. You are advised that
any person who desires to appeal any decision made at the public hearings will need
a record of the proceedings and for this purpose may need to ensure that a verbatim
record of the proceedings is made which includes the testimony and evidence upon
which the appeal is based. Persons with disabilities needing assistance to participate
in any of these proceedings should contact the City Clerk's Office 48 hours in advance
of the meeting at 407 - 905 -3105.
Beth Eikenberry, City Clerk Thursday, April 25, 2013
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Beth Eikenberry, City Clerk Thursday, April 25, 2013