HomeMy WebLinkAboutItem #10 Casa Mirella at Belmere PD - 18th Joint Planning Area Agreement Amendment`` 'J
Florida
AGENDA ITEM COVER SHEET
Meeting Date: February 18, 2014
Item # (�
Contact Name:
Contact Number:
Mi chael Rumer i
Reviewed By:
Department Director:
City Manager:
(407) 905 -3100 x 1018
Subject: Casa Mirella at Belmere PD
18 Joint Planning Area Agreement Amendment
Commission District #3 — Rusty Johnson
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 JPA amendment requested
by the applicant includes changes to the JPA Future Land Use designation of lands. The proposed JPA
amendment requested by the applicant consists of changing the JPA Future Land Use designation on 2.7 acres
from Low Density Residential (Four DU /Acre) to High Density Residential (8 -16 DU /Acre).
Issue:
Should the Honorable Mayor and City Commissioners approve the Eighteenth (18th) Amendment to the City of
Ocoee - Orange County Joint Planning Area Agreement (JPA) Land Use Map as requested from Unicorp
Development changing the JPA Future Land Use designation on 2.7 acres from Low Density Residential (Four
DU /Acre) to High Density Residential (8 -16 DU /Acre)?
Discussion:
The proposed JPA amendment requested by the applicant consists of changing the JPA Future Land Use
designation on 2.7 acres from Low Density Residential (Four DU /Acre) to High Density Residential (8 -16
DU /Acre).
Recommendations:
Based on the recommendation of the Planning and Zoning Commission and existing development pattern, staff
respectfully recommends that the Mayor and City Commissioners approve the Eighteenth (18th) Amendment to
the City of Ocoee - Orange County Joint Planning Area Agreement (JPA).
Attachments:
Location Map
Existing Joint Planning Area Boundary and Land Use Map
18 Amendment to Joint Planning Area Agreement between Orange County and the City of Ocoee
Financial Impact:
None
Type of Item: (please mark with an 'Y)
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 ()
N/A
N/A
N/A
For Cleric's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
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21
EIGHTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE
THIS EIGHTEENTH AMENDMENT TO JOINT PLANNING AREA
AGREEMENT (this "Amendment ") is made and entered into as of the day of
2014, 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, as
amended by the Seventeenth Amendment thereto dated May 7, 2013, 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
ORLDOCS 1317868 1
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 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:
ORL.DOCS 13178685 1 _2_
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 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 designation
of the property identified in Exhibit "1" attached hereto and by this reference made a part
hereof.
Section 5. Continuing Effect Except as expressly set forth herein, the Joint
Planning Area Agreement, as amended, remains unchanged and in full force and effect.
ORLDOCS 1317868 1 _3_
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
IC
Teresa Jacobs
Orange County Mayor
Date:
ATTEST: Martha O. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
In
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 2014.
Signature of Notary
Name Of Notary (type, printed or stamped)
Commission Number (if not legible on seal):
ORLDOCS 13178685 1 _4_
WITNESSES:
Printed Name:
Printed Name:
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 1 2014
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 2014 UNDER
AGENDA ITEM NO.
SHUFFIELD, LOWMAN & WILSON P.A.
City Attorney
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 nay hand and official seal in the County and State last aforesaid this day
of 2014.
CITY OF OCOEE, a Florida municipal
corporation
Signature of Notary
Name of Notary (type, printed or stamped)
Commission Number (Knot legible on seal):
ORLDOCS 1317868 1 -5-
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G4 ' Orange Extra Orlando Sentinel Thursday, February 6, 2014
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CITY OF OGOEE
NOTICE OF PUBLIC HEARING.
TO CONSIDER THE 18 "''
AMENDMENT
TO THE JOINT PLANNING
AREA AGREEMENT
FOR CASA MIRELLA
CASE NUMBER: JPA -13 -001
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 amendment to the agreement
consists of changing the JPA Future Land Use designation on 2.7
acres from Low Density Residential (Four DU /Acre) to High Density
Residential (8 -16 DU /Acre).
18th JPA Amendment
Location Map
Roberson Moor
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The OCOEE CITY COMMISSION will hold a public hearing on
TUESDAY, FEBRUARY 18, 2014, 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 complete case
file, including a complete legal description by metes and bounds,
may be Inspected at the Ocoee Planning Department 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.
The Ocoee City Commission may continue the public hearing 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
eontinued public hearings shall be announced during the hearing and
no further notices regarding these matters will be published. 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. In accordance with the Americans with Disabilities
Act, persons needing a special accommodation or an Interpreter to
participate in this proceeding should contact the City Clerk's Office 48
hours In advance of the meeting at (407) 905 -3105.
Beth Eikenberry, City Clerk Publish Date: Feb 6, 2014