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Ordinance 2010-034 Past JPA / Flum ORDINANCE NO. 2010 -034 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 CPA- 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_1613286.2 -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 JPA 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 JPA Amendment "); and iii. 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 JPA 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 JPA 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 JPA 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 JPA Amendment "); and viii. 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 JPA Amendment "); and ORLA_1613286.2 -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 JPA 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 JPA 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 JPA Amendment ") which has been incorporated into the Ocoee Comprehensive Plan by Comprehensive Plan Amendment Number CPA -2010- 005; 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 JPA 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 JPA 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- 01- 10 -01: Crown Point April 16, 2002 2002 -15 AX- 2001- 07 -02: Maguire Mini June 18, 2002 Storage (ACJR Investments) ORLA_1613286.2 -3- 2002 -16 AR- 02- 03 -01: Glad Tidings June 18, 2002 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 -01: Ocoee Commons PUD March 18, 2003 2003 -17 AP- 02- 03 -01: FX Scenery & August 5, 2003 Display 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 ORLA_1613286.2 -4- Annexation 2004 -002 AR- 03- 12 -13: Ingram Estates April 6, 2004 Property Annexation (Lake Tracy 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- 01- 07 -04: McCully Parcel April 17, 2007 2007 -008 AX- 01- 07 -03: Sonntag Property May 15, 2007 2007 -010 AX- 01- 07 -03: Rogers Park Property May 15, 2007 2007 -012 AX- 01- 07 -04: FDOT Surplus May 15, 2007 Property 2007 -014 AR- 05- 06 -24: West 50 Commercial May 15, 2007 ORLA 1613286.2 - -5- Subdivision 2007 -016 AX- 05- 07 -08: Pioneer Key Regional July 17, 2007 Stormwater Pond 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- 01- 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- 11- 08 -13: Hopper Parcel April 21, 2009 Annexation 2009 -018 Rose Hill Subdivision Phases 2 and July 21, 2009 3 2009 -022 AX- 01- 09 -14: Woomer Parcel October 20, 2009 Annexation 2009 -024 AX- 01- 09 -14: Crane Parcel October 20, 2009 Annexation 2010 -005 AX- 03- 10 -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 October 5, 2010 Assembly ORLA_1613286.2 -6- 2010 -024 AX- 07- 10 -25: HEALTH CENTRAL October 5, 2010 2010 -022 AX- 07- 10 -23: EDDIE W TURNER October 5, 2010 TRUST 2010 -028 AX- 04- 10 -20: Park Square October 19, 2010 and; WHEREAS, subsequent to the adoption of Comprehensive Plan Amendment CPA - 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 2010 -030 (CPA- 2008 -003) Ocoee Town Shops October 19, 2010 2010 -031 (CPA- 2008 -005) Shoppes at the October 19, 2010 Village 2010 -032 (SSCPA -2010 -004) East Crown October 5, 2010 Point (West) 2008 -012 (CPA- 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 June 15, 2004 Road 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.) ORLA_1613286.2 -7- 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 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 October 19, 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. ORLA_1613286.2 -8- 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 Intergovernmental 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 JPA Amendment, the Sixth JPA Amendment, the Seventh Amendment, the Eighth JPA Amendment, the Ninth JPA Amendment, the Tenth JPA Amendment, the Eleventh JPA Amendment, the Twelfth JPA Amendment, the Thirteenth JPA Amendment, the Fourteenth JPA Amendment, and the Fifteenth JPA 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 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 CPA - 2002 -1 -1. Section 6. Existing 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 CPA - 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. ORLA_1613286.2 -9-- 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 (10 day after passage and adoption. ORLA_1613286.2 -10- PASSED AND ADOPTED this \C\ day of 0 C o oC ( , 2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA () 1 ' 1 - �►�� % � C B ikenberry, City Clerk 6 S. Scott Vandergrift, Ma '•r (SEAL) FOR USE AND RELIANCE ONLY BY TRANSMITTAL PUBLIC HEARING THE CITY OF OCOEE, FLORIDA ADVERTISED: __ q , 2010 APPROVED AS TO FORM AND HELD ON: a1, 2010 UNDER LEGALITY THIS 19 DAY OF AGENDA ITE NO. 1B b 1) c •(j' , 2010 ADOPTION PUBLIC HEARING FOLry & Vi. R LLP ADVERTISED: Oe±cbe — 2, 2010 HELD ON: Cocker_ ta, 2010 UNDER By: AGENDA ITEM NO. 14, City Attorney ORLA_1613286.2 -11- APPROVED BY ORANGE COUNTY BOARD Exhibit "A" Ott COUNTY COMMISSI NERS JUL 15 ass AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (F/X Scenery & Display Property) THIS FIFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Fifth Amendment ") is made and entered into as of the It day of — 47,1. , 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 "). RECTAl1S 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 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 006.294592. 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, 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 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 "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 "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 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 Fifth Amendment; and -2- 008.294592. • 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 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. Section 2. Authority. 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 Planning Area Agreement. -3- 006.294592. Section 3. Definitions. All terms and phrases used in this Fifth 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 "Low Density Residential" to "Light Industrial ". The Affected Parcel is described in Exhibit "1" 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 F/X 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. Continuing Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. -4 ' 006.294592. 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 G \ j /i,, O` I't' By: BOARD OF COUNTY COMMISSIONERS i s By: 19(filt"i C . �` ''- County Chairman N VI DATE: JUL 16 MS ATTEST: Martha 0. Haynie , County Comptroller As Clerk of Board of County v o,,, Commission Deputy -5- 006.294592. CITY OF OCOEE, a Florida municipal WITNESSED: corporation Punted Name: t ' oh) S. COTT VANDERGRIFT yor )(_4 ni.in J c Attest: Printed Name: Map%bm via 1.1 J GRAFrON, City le& (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY ONLY BY THE CITY OF COMMISSION AT A MEETING HELD ON OCOEE, FLORIDA; APPROVED M li-14 to , 20113 UNDER AS TO FORM LEGALITY AGENDA ITEM NO. ttus day of +2003 Effective September 19, 2003 FOLEY LARDNER pursuant to Section 10 of Ordinance No. 2003 -17 as amended by Ordinance No. 2003 -31, also pursuant to Section 5 of By: the Fifth JPA Amendment. City Attorney • 006.294592. - 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 414day of )114,_ , 2003. e k0 �J ?. �f�� Si of Notary It t+MWsOmu M n n • WCamislon00102loo 1'►ARYA.% A. ( Ait1N 1 leaseriltwOl,20011 Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): -7 006294582. EXHIBIT "1" Exhibit "1" Begin at northeast corner of Southeast '/4 of Southeast '/4 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. -8- 008.294592. Surrounding Future Land Use Map F!X Scenery and Display, Inc. 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[i. i p t o iI l�1 I - � -1t1 Viii 11 1 :1° r•• a■ ill' LEGEND IIIIIIIIII 1111 x i !i it E>i I r., •�; �� 11//�,l1i mum im porme - i I 1! lil ,.13. r '! 11 �� -� r � � ;111 I I s IIIIIII� 't�� 1 a i....11� _ -�_.. .__- . / ins. �� i �ii Proceed 'l�I�IIII��i�e��1111 • �!�l�l� ��o� �� I �1 1 : � _, �qt=" 111 Future Land use Clus fiat n: 1!!!I!!! _ Low Density -: ----- -_-- ___-- • i, li ��! 1 Low Density , is I " : �.... � //1 r -, !III Residential i ll . N E Medium Density Residential inim . 1 ::: ■■.. • ltli:t. k Ilia High Density Residential • G . • „ p 1 !- "IIIIIH tl3 - - � 'r ll Professional Offices and Sevices 1n i ': 1 j Proposed pi our I Commeioiai •_ r • !! '•'1 "•p • • shimil E . Vg ht .. ..... .• Ught Industrial •r sown Industrial • Industrial = _:: •; ;:: �• •• MI : ri. . : . E:1: ... l i�S i. • Z i•. l: .r • I ..u■ Ramadan and Open Space - , .. : #d�; iili ...�... WNW IN Pi t& and water Bodies ta Fa !institutional •.. 11 . a r. ..■ LAMS i :p! :Ali 11182 :c... ::i - •tmtlte a3sl iall a t tii! 1�..I�IIQI- .0, PE ■ .. : :: 1• Q�= G i ll 1-1-7: Ira Eliz grprilit .... ( _ 1 1 -.:3, .. -r- - � .--1- I 1 ' 11-4 aita ti ala r r--I i !-t _1—; Exhibit "B" Sixth JPA Amendment ORLA_1613286.2 -13- APPROVED BY ORANGE COUNTY BOARD Exhibit "B" OF COUNTY COMMISSIONERS JUL 15 2003 - ibs SIXTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (Maguire Road Self Storage) THIS SIXTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Sixth Amendment ") is made and entered into as of the 6 day of , 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 "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 "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 -2- 008.292120. 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. Authority. 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. All terms and phrases used in this Sixth 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 "Professional Offices and Services" to "Commercial ". The Affected Parcel is described 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 -3 006.292120. 005.292120. 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. Continuing Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. IN WITNESS WHEREOF, the 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. .c I i ORANGE COUNTY, FLORIDA we\ Ott'' By: BOARD OF COUNTY COMMISSIONERS N.>"" County hainnan + DATE: JUL 16 21103 ATTEST: Martha 0. Haynie, County Comptroller As Clerk of Board of County Commissione Deny • ler -4- CITY OF OCOEE, a Florida municipal WITNESSED: corporation /1 4 6- `/' 4 - By: Printed Name: j41;6B5 L; i2.c) S. SCOTT VANDERGRIFT, • hr n i re AI—) 4 44t) Attest: 1.1! A — Print -Name: ji1AQrwt &ruing J GRAFroN, Ci Clerk (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY ONLY BY THE CITY OF COMMISSION AT A MEETING HELD ON OCOEE, FLORIDA; APPROVED A (o , 2003 UNDER AS TO FORM EGALITY AGENDA ITEM NO. 13 3 . this day of , 2003 Effective September 6, 2003. FOLEY & LARDNER By: gi f:144 4 1 d City Attorney " 06.292120. 0 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 (au day of °" , 2003. k rIA./.11ALJ • JA.but_.) Signature of Notary „r Mrwn 11 Gaon • , ey cs on twt eaeoo FIR,p, N 8. GR g a 1.1 Marto/04, 2C01 Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): 008.292120. EXHIBIT "1" Exhibit "1" The North' of the South 1/2 of the North 1 of the Southeast'/ of the Northeast 'A, Section 31, Township 22 South, Range 28 East, Orange County, Florida (less the east 40 feet thereof for road right -of -way). -7- 006.292120. 1 - L , . • " "W •ISni111c 1n1111 111111111111!1 f'1 11 f ! . ",":41;41,,,,,t;3 ' - !!iini.._ " 1= } r 1 a '11rr 4 R. 'r• .: i .ii.■ ■r■i•, iii liar ► fp •• `��. R nl■Pi■i54 ii n ■. n i■• i t a1. `ir ; l uar .► `, - ., I =�� , 3 ^. , alai 1":-.4 ar,rr,t,�rl ■il / i /rs / � `au/ " " 1 -1 •.ri•,i /r. ar, 711 -- a■■ /i . - ■-v ua, .r n i ' - ii 1'Ih1 = ! rill/ ::� . % ... .:;.... 1i . 1- ii33 �I1..� 1 it e.r ■. . •. . liai r4 • ' . ; ,rarat; • ,tai \ i jf t 1 / l ■ ■rr trr r ■.nnaara■.n,i■ •.♦ � arr�' \ ■a a ' r■.,r it a,..5 f i ■a1� I , a , �n�rrr�' ...Lii��r�i',r trr ��' =i�` s el !irk •�N R /1/I r'!► 111p tpuonrn sul/saPA medS uedo pus uo itoed cttanel IN LL 4 . 4 Riae.be?3 �� 4 P ..� 11 411111 efcif uoidNI sua'J , sw A " Mir WI IM: i • i� leulsntsut Meei{ 1111 �. 1 , am I/ 11:1 `s W ■. -- UIi111 taro t euuurcro ■ 11 1 11 1111 j V /111111 ssaweg pup solo teuotssa id 1111 "l��f�A fftRR�ft� . 1111 ;erivaptsAA 4suaa 4 r III /p r A , � s s* C1111111111111/ �'•`" ler}uepise� �IaueQ l *(. an i..�/N► 1 +i le fiPsuetl MO ": �1ri,� AR!# � l p1 :uo .zwesv earl o u r t 4104 111 ra mili you= �•• sewn sis ills 'r ' . � i Litt: ■1111 i • �r�I ir� sa>U�e �dptun01 + tt t p s a so ma .1■ 1 1111111' k bk 1 ti !1!1 Ar/t1111 11 aii X1111 71r.—,— T — , NM a / ,. 0r• ! + 0h �� 1 111 Rlt f r = i - R : s= I 1 W gr:`1�,If r� � ii /11N111l1i1 IIiii .; mil ' s � vi II ,r j. d ` I ♦ * coos �+•w nuu� 11111M1111 .nn1� �` */* . . liking" a � 4 , �� o �atiR11111tRim111111 111r1` �Ii1111 f 4%114 + 'aaj pm = y�tn 1 :alo / 1 - 4 MI n�►fr 4 1 ( um + viewdata/4 n woo 70 S -.4101 III ilk ii i, 4...........1.... ' ItchRO * _ -. _ -- 1141111 PH y H P705 y0 dew asn purl ainInA tepiawwo3 (AID) of Sa311AJOS lg seam teuo!sseg td (1(}uno3) LO-SO -ZO-d# ese0 and a6e lO S gaS peon ai!Bew epUow `aaoo° la Av APPROVED pmt =Am BOARD Exhibit "C" a OMAN oommiespous 1/4s 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 IC) day of ce,torua.of , 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 008.309826.2 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 -2- 005.909826.2 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. ec tai ls. 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 Agreement. 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 -3- 006.309826.2 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 IPA 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- 006.309826.2 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. . ‘011,,:". ,!c :Sat \ r ORANGE COUNTY, FLORIDA , P ` By: BOARD OF COUNTY COMMISSIONERS \-, : r • Co u p h airman DATE: 2 -1 O . o.4 ATTEST: IIi ' , County Comptroller As Clerk of oard of County Commissioners �� k -5- 006.309826.2 CITY OF OCOEE, a Florida municipal WITNESSED: corporation t PilAALC db� ,1 By: �' _. / Printed Name: t.1Q a S. S� b I it' S. Scary V ERG 1' ayor b ,� y �. itiaa.� .a4 ..�, Attest: ` __. , % (11. P Name: AA N GRAFTON, Ci lerk (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY ONLY BY THE CITY OF COMMISSION AT A MEETING HELD OCOEE, FLORIDA; APPROVED ON JnVernbu- 14' , 2003 UNDER AS TO FORM AND LEG ITY AGENDA ITEM NO VC .9G this I? day of , 2003 FOLEY LARDNER a Ilk*/ By: City Attorney -6- 008.309828.2 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 GRAFrON, 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. WITVESS my hand and official seal in the County and State last aforesaid this t day of NOVernn , 2003. tAataiLA:4J-' I )1t ' Signature of Notary •},� 004.‘ Melanie SSlbWf m an S. C DD11e803 N OF Expltas August N of Notary at 13. zoos tary (type, printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): -7- 006.309828.2 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. -8- 006.309826.2 APPROVtD BY ORAPGE COUNTY BOARD Exhibit "D" OE COONrt COYM • : : 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)) THIS EIGHTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment ") is made and entered into as of the in day of Fehn.ar , 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, as amended by the Seventh Amendment thereto datedFelsr„un td , 20011, 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 006.309636.2 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 WA 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 WA 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 -2- 006.309836.2 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 Agreement. 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 -3- 006.309838.2 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. -4- (46.309838.2 8.2 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. � lt: j } { (Op ; Y; ORANGE COUNTY, FLORIDA j By: BOARD OF COUNTY COMMISSIONERS 4 , Y \Y' Of wZ+ss•tum .wr • 'TAO Chainnan 1 B DATE: 2 • I o - p ATTEST: ►rte O, ". County Comptroller As Clerk of . �card of County Commissioners Deputy --� -5- 006.309838.2 CITY OF OCOEE, a Florida municipal WITNESSED: corporation • / Printed Name: E Qa1 iQ S • Sal; a tr S. SCOTT VANDERG ' T, : or 1 rig l �:�•,. 1 .l � °� Attest: P Name: MA as 4 B. Ggirr aI C GRAFTON, , Clerk (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY ONLY BY THE CITY OF COMMISSION AT A MEETING HELD OCOEE, FLORIDA; APPROVED ON n i , 2003 UNDER AS FORM AND LEG AGENDA ITEM NO. LIC.. . N, this Of day of ve,n� 2003 FOLEY LARDNER By: • City Attorney -6- °08.309838.2 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 CIerk, 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. S S my hand and official seal in the County and State last aforesaid this L day of , 2003. ( NS Alg Signature of Notary monis Sibbia V`11eaa S. S;bb;# , Conselasion DD ttb003 eons Aug t3, 2oog Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): -7 006.3098362 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 73 °30'41" E along said centerline of ditch, 325.69 feet; thence run N 00°14'03" W, 241.86; thence run S 89°45'00" 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. -g- 006.3098362 MINIOND WWWWWWWBOARD Exhibit "E" OE WNW ooli ISNitNwAs M4& � 1 1 641 '11 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 of the lU day of eA /1 q A , 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 Februaw, in, 2004, as amended by the Eighth Amendment thereto dated Fttruati t0 , 20014, 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 006.309737.2 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 WA 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 -2- 006.3097312 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 Agreement. 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 ' 006.309731.2 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 MI force and effect. 4' 008.309731.2 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. ( 6 is ' 0 1 . 1 - - ' ORANGE COUNTY, FLORIDA r k, j '" • J By: BOARD OF COUNTY COMMISSIONERS B: . .. ; a Coun Chairman DATE: Z. • o, a 4. ATTEST: ka .. D ,1124d. County Comptroller As Clerk of Board of County Commissioners . C>dik -5 ` 008.309731.2 CITY OF OCOEE, a Florida municipal WITNESSED: corporation • 4.1/1 • f- ac4.06 Printed Name: iz rr1iti•`s -m •,'T1- S. SCOTT VANDERGRIYF ayor A 9'v-e".) „SQ_ e t 40 Attest: �t 11%►. Printed Name: M AA z a N 8. &a t=_ Elk( GRAFTON, City r‘ erk • (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY ONLY BY THE CITY OF COMMISSIOn AT A MEETING HELD OCOEE, FLORIDA; APPROVED ON Noi 1 , 2003 UNDER AS TO FORM AND ALITY AGENDA ITEM NO. C Sc • this )g day of No , 2003 FOLEY LARDNER By: '' &elk, City Attorney -6- 008.309731,2 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. 'NESS my hand and official seal in the County and State last afore:ssaid this JSC day of v h , 2003. / R Signature of Notary mom s " 40 fl ,. , 001166 Name of Notary (type, printed or stamped) eon A "a'� 13' 2ao6 Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): -7- 008.309731.2 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 73 °30'41" E along said centerline of ditch, 325.69 feet; thence run N 00 °14'03" W, 241.86; thence run S 89 °45'00" 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 APPROVED WV ORANGE COUNTY BOARD Exhibit "F" OS COUNTY COMMISSIONERS 7 1114 t AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (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 of the 10 , day of ' PeSet , ARV 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 1S, 2003, as amended by the Seventh Amendment thereto dated Februa. in , 2004, as amended by the Eighth Amendment thereto dated febw,►wb la, 2004 as amended by the Ninth Amendment thereto dated ce6ruart4 it, 2001 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 006309831.2 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- 0013.300831.2 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. Rte. The above Recitals are taste and correct and are incorporated herein by reference. Section 2. A_uthoirlty. 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. aligignm. 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 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 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 6. C.ontlnuing Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. -4- 006.308831.2 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. \ \510.71T77),.., 1 �, r ORANGE COUNTY, FLORIDA , '� �\ By: BOARD OF COUNTY COMMISSIONERS < r , ,j.. , , B Coun Chairman DATE: 2• I0-04 ATTEST: ht,„dikalkot, County Comptroller As Clerk of Board of County Commissioners Depu Clerk -5- 006.309831,2 CITY OF OCOEE, a Florida municipal WITNESSED: corporation al ► _ I By• Printed Name: Tat ' . SCO�1T V ERGRIFf ayor ns �, J .14._ A. ngnt) Attest: [L, _ Lt___ Printa GRAFTON, Ci Clerk (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE A H �E OCOEE CITY ONLY BY THE CITY OF COMMISSION � T MEETING HELD OCOEE, FLORIDA; APPROVED ON _ ! P , 2003 UNDER AS TO FORM AND LEG ITY AGENDA ITEM NO. VC this It day of , 2003 FOLE & LARDNER By: ITAL1 City Attorney -6- 008.309831.2 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. my hand and official seal in the County and State last aforesaid this It day of t , 2003. Signature of Notary MNanb 8 Salmi S;66. Expires August t3.2ooe Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): -7- 006.30983,.2 Exhibit "1" 888 Ocoee- Apopka Road FROM A POINT 933.24 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST 114 OF THE SOUTHWEST 114 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. 1.2 *PROVO N CRAM COUNTY BOARD F COUNTY M gR Exhibit "G" ,PR B6 ail VENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (CASE NO. JPA -03.008: POER PROPERTY; RICHARDSON PROPERTY) THIS ELEVENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this " Amendment ") is made and. entered into as of the day of t4 ., 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 July 15, 2003; as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the • Seventh Amendment thereto dated January 27, 2004, as amended by the Eighth Amendment thereto dated January 27, 2004, as amended by the Ninth Amendment thereto dated January 27, • '1004, amended by the Tenth Amendment 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 • 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 "IPA 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 JPA 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 JPA Agreement so that it may be included within the Joint Planning Area; and WHEREAS, the Richardson Property was previously part of the Winter Garden JPA 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 JPA 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 SC of the Joint Planning Area Agreement and requested that the County amend the JPA 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 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. 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 "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 -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. Continuing Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. IN WITNESS WHEREOF, the 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 1 / t7 hairman DATE: Mt i t atik ATTEST: Martha n. Hayni0County Comptroller As Clerk of Board of County Commissioners te e. „ , woris /1 Deputy Clerk r • • � 1 -5- 006.320528.3 • CITY OF OCOEE, a Florida municipal WITNESSED: corporation • 7 Printed Name fl S. S, 06 ) ir SCOW VANDERGRIFI', J >• '" i ` • r_ t tr. - 0!, Attest: // Printed Name: , . . a , . J J GRAFTON, Ci lerk (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY ONLY BY THE CITY OF COMMISSION AT A MEETING HELD ON OCOEE, FLORIDA; APPROVED $Rtailtif 3 , 2004 UNDER AS TO FORM LEGALITY AGENDA ITEM NO. Vz l3 this 3 day of 2004. FOLEY & LARDNER By: 9 1041C, 40 City Attorney -6- 006.320628.3 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. rul WITNESS my hand and official seal in the County and State last aforesaid this .D day of cogiNuGIrut , 2004. r \iijJkAL _ 144 Signature of Notary Malaga s sibaa s I My Commission 00110803 `‘ Expw 200 a August 13. Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): -7- 008.320528.3 EXHIBIT "1" LEGAL DESCRIPTION OF AFFECTED PARCELS PARCEL 1 (POER PROPERTY): A PARCEL OF LAND LOCATED IN THE SE ''A OF THE SW 'A 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. PARCEL 2 (RICHARDSON PROPERTY): A PARCEL OF LAND LOCATED IN THE NE 'A OF THE NE 'A 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 '4 OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, RUN EAST ALONG THE SOUTH LINE OF THE NE 'k OF THE NE 'k 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 '4 OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, THEN RUN WESTERLY ALONG SAID 'k SECTION BOUNDARY LINE 412.2 FEET TO POINT OF BEGINNING. ALSO LESS: THE NE 14 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- 006.320528.3 .....•■••-"."--------- Exhibit "2 ti ----. • TA f_ 1 •,„,,,, ....., - 1 1, ,. --411-:.1 t lit 41 911r:::: L ,, 111. o fili Ilan" 11 211. : . --- 1..__ ism ' 05 °Pr- Oh! 7 II • : RI . ...-.1 -... 555.5 ...5.• — gl • . 1 111 , ' ....___ ,, Iii ...Ilk ,- , 1 -.. , , ..w.• , - -0 7 • - - -. --: , iii- . ,•-•- 0 „, ., ..-- __. '' . ,. _ r aus" II*;:,;.'i 's , II,. _, ____ III 1 ■;;;;;; 1/41/1111 i._ .... _,_ r i 1 : _ .-. 5 1.-- 1-410, r ir - . - ..---.....-:-...„. ,.,,. , , , - ,,, ,,,,, ,.........: , , t Ill li=-- ......_,,.,.. , ._. . I - I ..„,,,,:,,„ -..,--::,. , .:.: -1 . Ulm= .i.,, :-....:;,.. A ff ec ted - ` , 1..-37...go; ii ruivt...-- : - I ',Ai,. x. 11:110114 LE == I - ' ;fraiik• ..: ., -: -• , , ‘ . 1::.. ,,, 1111. :, : Parcels E.. imit- 751 - . A . 1 7.- - .4. -. , T J 3 " 11111i1A 91 -..*: , „t Lvov§ al.,--s• -11"1 ' ,...., , ,v,,,... - - , /<'- . i _ i • -- 1 ,, ,. _ ii,„ 1 a .4,,, 7-- ........: J ... - ■ 7114 garli oriel Irk . _ , --..... •,,: ii. i -7-• . I NA illii i=119=. 1 I i g ••• ■111• :: - p ... '' ' - '1 , T7-.=- • ' ::-.-:: ilki Ea an . ' •.: 7 ... vo o . ER • !,t•: , . ,- Railif;.:! - , ..7 1 1211.1 • t /41 1 15_ , ;-',.t... , . - . . - . ; _ . ; , .,• ,„,. ,t; : - ,.• 'mo: r'. - ;. •,'...:1 I . : r ,.. :10 ....:::::--••••••••••!....:.‘iitty 111 ' : ,, -: ' ' • '---•■ -- alit 1 ." ',' - . •-`_.• • - - 4 -,-. ' . ). i l• '''. „ '.•' 11 '• ' ,,, , .. 1 , ii - t-- "i ,.. • V.NNIIIIIT.L---- ilkili... 11 - lik; -... i' El .... A ./...- -.Or. . . , • , . vird . . ,... ....._ ___ NI rillirl .11r11111-P)11111 iir A-1 wix ,. ,:41. I, 1 prl \;2 II t I „- I Villk i: - . - 4 ___I !Mal ' .....-.,=:•17.gigg , - . MI --r .. eill ..... I ■ - ■gbi 1 I . f :: it A ,. 1 i I - . ' :-.... I • . . WO. Illib a.. ' '' ' ' --': - . ill!: .-,c--. iff:Eint. norm om•11...- La . :.• - .., i ll v k. • • . -ipid ..,„.., jal . ,., - .. ".. . .„,„„ ...., .., ..... .;,'"' -1 : v ea --• ;:' it =ill ilil !-.. 7, 111111L, 1 • Ill • ' L ' ' a ' - - k ill'n • i 7 , .. .:. ..,-.-_.....,,r... . al • . 1,.*„ , .,...,1,. ail=11 ...., , if;17, 7 - i • nipps -m - ;;.:r.7 Joint Planning Area _ -. 4 .. v.,. 2,111 ' ..... Boundary Line IP' HIE r. pit: Affected Parcels to l be added to the JPA tigroof ANN • h :pulipmli . I:. a 1111111111!... :.• - :: 4 4:7: a 1.2: , ■ - ' 006.320526.3 -9- APPHOvLD ORANGE COUNT'S BOARD 06 C00NTY GOMMISsioNER:i Exhibit "H" TWELFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (CASE NO. JPA-04 -009: FULLERS CROSS COMMERCIAL PUD) THIS TWELFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment ") is made and entered into as of the L I day of 4.9uSi , 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 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 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 described in Exhibit "1" attached hereto and by this reference made a part thereof (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 designation shown on the JPA Land Use Map for the Affected Parcel from "Low Density Residential" and Conservation/Wetlands" to "Commercial" and Conservation/Wetlands" (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- 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. Mage 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. Secdon 3. Definitions. All terns and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. `r cte Parter' Amendment to Join Pr �nn i ne A ron A areea o le nt . The JPA Land Use Map is hereby amended to change the land use designation of the Affected Parcel from "Low Density Residential" and Conservation/Wetlands" to "Commercial" and -3- Conservation/Wetlands." The Affected Parcel is described 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 WA 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. -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. O\ !�q ORANGE COUNTY, FLORIDA r' :. By: BOARD OF COUNTY COMMISSIONERS t .:g : County • 111:411, ~+ DATE: g 4- d ¢ ATTEST: tudiw n . County Comptroller As Clerk of : • : ' . of County Co,i ■u iasionerar -5- CITY OF OCOEE, a Florida municipal corporation S. Scary VANDn(GRWF, 1 10, r Attest: / — .; P J GRAFTON, City / - (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY ONLY BY THE CITY OF COMMISSION AT A MEETING HELD ON OCOEE, FLORIDA; APPROVED a id a6, / S , 2004 UNDER AS Tgo FORM AND LEGALITY AGENDA ITEM NO. va.L . is • this 1S of Jjfr►C , 2004 FOLEY & LARDNER LLP By: feSiiiieid City Attorney -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. WITNESS my hand and official seal in the County and State last aforesaid this �c ay of ,Toe, , 2004. Signature of mama= w CO'MM10N MGM MVO 11 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 00 °51'53" 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 89 °57'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE- APOPKA ROAD; THENCE RUN S 05 °22'47" B 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 00 °43'38 ", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05 °44'36" B 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 70 °37'57" W, 148.52 FEET; N 45 °00'00" W, 80.00 FEET; S 82 °40'19" W, 190.87 FEET; S 29 °00'00" W, 103.00 FEET; S 81 °03'31" W, 117.43 FEET TO THE POINT OF BEGINNING. -8- APPROVED BY ORANGE COUNTY BOARD Exhibit "I" OS COUNTY COMMISSIONERS NOV 2 9 2005 c(, /f THIRTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (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 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 -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 JPA 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 Joint 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 "1" 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. (--- �� OR ANGE COUNTY, FLORIDA J , � By; BOARD OF COUNTY COMMYSSYONERS r - • By �/1 4�ct- ...�nC..� �� ' Coun Chairman DATE: /./2.e ATTEST: Martha 0. Haynie , County Comptroller As Clerk of Board of County Commissioners 'Deputy Clerk /..:_____ 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 t�alc acknowledgments, personally appeared RICHARD T. CROTTY and Rosilyn N a SJaplet °n , 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. „��” WITNESS my hand and official seal in the my and State last aforesaid this _ day of Jan My , 200itie , igie 044._ Si ture of Nota . oscs wis • kw Can�nl5Nan0G110110 % ,,,j itch es Juno 17 1005 Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): -5- CITY OF OCOEE, a Florida municipal WITNESSED: corporation r • Prim rt . i ct4 j t J�aittT S. SCOTT VANDEAGRIr 1, 4 ayor o. /AAA Attest, �Pri nted Name: AV ,. 4 _t EIKENBERRY, Ci k (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY ONLY BY THE CITY OF COMMISSION AT A MEETING HELD OCOEE, FLORIDA; APPROVED ON June 7. 2005, UNDER AGENDA ITEM AS TO FORM AND LEGALITY NO. 10 d. this 10 of ikL ..1 .. , 2005 FOWLER & O'QUINN, PA By: 1 c _. Special -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 ' e County and State last aforesaid this d of DPr.4►10y , 2005. • Signature of Notary M.tanis S Sibbitt My Commission D0118803 Name of Notary (type, printed or stamped) %g Expires August 13. 2006 Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): -7- Exhibit "1" LAND DESCRIP MCCORMICK WOODS PHASE 3 A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE NORTHEAST ONE - QUARTER (NE 1/4) OF THE SOUTHWEST ONE - QUARTER (SW 1/4) OF SECTION 32, TOWNSHIP 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 (SW 1/4) OF SAID SECTION 32, A DISTANCE OF 707.93 FEET; THENCE NORTH 88`23'49" WEST, 618.03 FEET; THENCE NORTH 00 "07'39" WEST ALONG THE EASTERLY RIGHT -OF -WAY 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 (SW 1/4) OF SAID SECTION 32. A DISTANCE OF 617.82 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY. FLORIDA. CONTAINING 9.886 ACRES, MORE OR LESS. -8- 1 �1 E � I Y � GOVERNMENT F L O R I D A 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, a'W4,L+% m040L.' eel Awilda Morales, Administrative Assistant Planning Division /am JA: 2 4, .. PLANNING DIVISION CHRISTOPHER R. TESTERMAN, AICP, Manager 201 South Rosalind Avenue, 2nd Floor • Reply To; POSE Ofllce Sox I393 %Orlando, FI, 32802 -1393 Telephone 407.836 -5600 ■ FAX 407 - 836.5862 ■ orangecountyfl.net APPROVED BY ORANGE COUNTY BOARD OE COUNTY COMMISSIONERS Exhibit "J" JAW2 7 2009 "01 FOURTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE THIS FOURTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment ") is made and entered into as of the L 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 ORL A,1019508.4 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 "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 163.3171, 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 -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. 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. Amendment to Joint Planning 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 igint Planning Area Land Use Mao. The JPA 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, 7019608.4 „3_ 1 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 Exhibit "B " shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Amendment. Section 6. Tent Chance - 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 JPA 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 JPA 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 JPA 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(2Xa), 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. Continuinu Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. ORLA_1019509.4 -6- • 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. Ali t,/ r ORANGE COUNTY, FLORIDA u By: BOARD OF COUNTY COMMISSIONERS • 1 ty Mayor DATE: f ' 2 av, ATTEST: Aehot o ��11� C unty Comptroller As Clerk of Board of County Comtnissioy / A !i f O f p uty Clerk / CITY OF OCOEE, a Florida municipal WITNESSES: corporation By: M Name. roil Wraith/ S. Scorn VANDERGRI Mayor ` �.e jtJ A 11'!! � ' • Printe Na m e : 1� ?T/t �cl , � 1 �� EIItENBERR City y p f N ty Cl C1= � (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY ONLY BY THE CITY OF COMMISSION AT A MEETING HELD ON OCOEE, FLORIDA; APPROVED CO • -)..I , , 2008 UNDER AS T� FORM LEGALITY AGENDA ITEM NO. this day of W , 2008 FOLE LIDNE LLP By: City Attorney ORIA_1019508.4 _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. ESS my hand and official seal in e County and State last aforesaid thiso2/ day of �c. , 2008. Sig � t i rree of Notary r n *•, •'"wh T ame of Notary (type, printed or stamped) }: o ff' Commission Number (if not legible on seal): p S 7 ` • 5/t1� Q, •r f 2 My Commission Expires (if not legible on seal): " /3�2 IO ORLA_t01 9509.4 -8- EXHIBIT "1" LEGAL DESCRIPTION OF AFFECTED PARCEL (Phase II & III) ORLAJ 019500.4 Exhibit 2 PI ' 1::., L our ., � 5 1 LANE MN lil 'i.•, 1 if , .. -T T 1�` , i -a ril .. .,) 1 /'' e . ..; i k. i I . n•w.r J T OMk. . UM -1 4 • ;it Ittat 1.91. _ ._ ` ,-� - -I J ' •'_l i ii ":11!i 2 I ] I c ... 1 1" 'IfAi� r _, • ;i 1 7- n 1 4. �. t � / I ` `. �t I L ',I i t .■ t 7 JI..JL. .` I f' . ■ � w �r' '--i ' 1 uv il�h :1 ` in i Y I1 f( e 1 b l'•,.. ! !. F � r +t,l � 1 l'..7,1 7 J 1 1 1 . al ; . _ _ ttl..,,�.�, `- 1.---. « . ' I t- „ B �' ` e VitEEl 10.101 . � f t7 fie?+ c M •::, /., • . Proposed Modifications ' f' ■ r to the Ocoee /Orange County • Joint Planning Area Agreement ,.� ..I .. ,, � % //. Add to JPA a ►, __ Existing JPA Boundary . J.r',,, APPROVED SY ORANGE COUNTY BOARD OE COUNTY COMMISSIONERS JAN 2 7 2009 Th Exhibit "K" FIFTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE THIS FIFTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment ") is made and entered into as of the day °F 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 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, as amended by the Fourteenth Amendment thereto da te3AN 2 7 20092008 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 )✓xhibit "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 163.3171, 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 ORIA 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. 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. Amendment to Joint linguine Area. The Joint Planning Area as set forth in Ezbibit "4" 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 Planning,Area Land Use Map. The JPA 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 -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 Exhibit "B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Amendment. Section 6. Continuing Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. ORLJ1_1129741.1 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 j u By: BOARD OF COUNTY COMMISSIONERS 1 r 10 i A, y �.�,�,� \ . Co ty Mayor DATE: 1.27 - 64? ATTEST. ounty Comptroller As Clerk of Board of County Commiss' , ners •'puty Clerk CITY OF OCOEE, a Florida municipal WITNESSES: corporation r _' _ . 41 th By: ‘,2-i-1. � 1: S.SCOTT VV ERGR»r, Printed Name: a! • - - �_. , 6 Attest: ��. i .._.r_'.... '' 4,_. Printed Name: eV , . aJ • ‘ , e--) �'� ' IKEND ERRY, City Clerk % (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CTTY ONLY BY THE CITY OF CO N AT A MEETING HELD ON OCOEE, FLORIDA; APPROVED ` 21 t , 20Q�UNDER AS TO (ORM GALITY AGENDA ITEM NO. �j this da •f 2008 FOLEY I ' 1 ' / By: I I City Attorney owA_112e741,1 -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. of D� SS my hand and official seal ' e Coun and a last aforesaid 's Z / y C � , 2008. O�inuu p �`��N �v1s �ii� Si re f Notary da hit S: ? 00M �S ame of Notary (type, printed or semped) • y Commission Number (if not Iegibie on seal): D D 5-1 y V d t My Commission Expires (if not Ieele on seal): p /q /d ORLA_1128741.1 -6- EXHIBIT "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 'A 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 Tots; 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 80 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 89 49' 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 00 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 89 36' 14" West along said South line, a distance of 1297.13 feet to the West line of the said Southwest "4 of Section 22 and center line of an unnamed street according to said plat of ROSE HILL GROVES; thence North 00 38' 44' East along the West line and center line, a distance of 950.00 feet; thence North 19 40' 14" East, a distance of 148.97 feet; thence north 00 10' 25" East, a distance of 611.55 feet to the Point of Beginning. Containing 49.889 acres, more or less. EXHIBIT "2" • (Insert current Map of JPA Boundary with Affected Parcel shown outlined and labeled, similar to Exhibit "2" in the Fourth JPA Amendment] ORU_1128741.1 1 Exhibit 2 .... . . _ v 4 11 .. 9: WI ., / . 1 1 (::' . 1 17 :: 1. . ' : .r‘11111:171 : _Wr . Al': 7.7 i ; , 1 ' , .... CI .1.,- , •`,- • ( f L (" ---'' 1 '. - .-- „.. i• 1`, --, ' _a - f.: _I .. j--: ? I - LI fr.-. JIM! /".e' ip : ' _ . _.. ir s, , - 2 /1 ' ' 4 rN.....-, _ 2 kk .. r m"iv • I - . ! .1i ■ '--. :-::::: . 1 1 - 4 t 7. , I %•••-• , It :„ 1 '••• - - • 1 .: I ' ' I . , 1 ■,11:: ; 11- '1 A i k i lli i ,`I li — 4- - '' P ' sAt O' - :'.." • "" l c/ . 1 i • . . . .' ii - ' ' . P i ' mit . —„,' ii11...._,., 941..1: , V„ 1 ) - 7 , ■, ,. .. '... , „ a ii,: ./,---..,. di- rf '11... r K • , kii ,II o IF illt6v Ait _Ir how ( ' iiiil•q= F / ; '1 . ..: ri • - ,- - :: • .._- - . ' t.i. ‘ l er "". til, 11 N,::!: ... i Li Migan--- " . . I r ''. '' i i ■ - 1 ,. . , -•-, . , . j: ..‘ c . .,. \ ) i . . f % N... • ' ■:- . 4. mo - --, -...--i- . 1"\ • — " -.I. , ...c.lr-i .--- 1 -':' -i-r- ' 41 1 - 1 .1. 14 :n vs. :.:•.7,j : .._44` -- v .: - 4 - .. i v41P4:1 ii■- .10 - d ■ --- -11 ----- ' 1 i • ,,,,.. Tomm - uu '' - • - , - , ...- . , _ Proposed Modifications r _, . to the Ocoee/Orange County , A , Joint Planning Area Agreement -I I l' @V • . \, ■ Add to JPA — _ a - 's 11 --- Existing JPA Boundary _ i 7. --; ') .. .7. ■.,:: -- -,i' 1 4, 1- ' Exhibit "L" Page 7 -27 of the Intergovernmental Coordination Element ORLA_1613286.2 -23- Intergovernmental Coordination Element CPA- 95 -1 -1 CPA 99 1 2 CPA -99 -002 CPA 2001 1 1 CPA - 2002 -1 -1 CPA - 2010 -006 CITY OF OCOEE - ORANGE COUNTY JOINT PLANNING AREA AGREEMENT FEBRUARY 11, 1994 1 Amendment to Agreement August 4, 1998 1st Amendment to Land Use Map August 4, 1998 2° Amendment to Agreement January 19, 1999 3r Amendment to Agreement November 2, 1999 4 Amendment to Agreement November 14, 2000 5 Amendment to Agreement July 15, 2003 6th Amendment to Agreement July 15, 2003 7 Amendment to Agreement February 10, 2004 8 Amendment to Agreement February 10, 2004 9 th Amendment to Agreement February 10, 2004 10 Amendment to Agreement February 10, 2004 I1 Amendment to Agreement April 6, 2004 12 Amendment to Agreement August 4, 2004 -24- Intergovernmental Coordination Element CPA- 95 -1 -1 CPA 99 1 2 CPA -99 -002 CPA 2001 CPA- 2002 -1 -1 CPA - 2010 -006 13 Amendment to Agreement November 29, 2005 14 Amendment to Agreement January 27, 2009 15 Amendment to Agreement January 27, 2009 16 Amendment to Agreement December 4, 2009 -25- Exhibit "M" Page 1 -5 of the Future Land Use Element -25- Future Land Use Element CPA - 2002 -1 -1 CPA - 2010 -006 • 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 JPA 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 JPA Agreement has been amended fetif seventeen times. The 1st and 2nd Amendments were text Amendments. The 3rd Amendment to the JPA resulted in the addition and southwestern portions of the JPA. The JPA was amended again in January of 2001 ( 'lth Future Land Use Element CPA - 2002 -1 -1 CPA - 2010 -006 the JPA. Collectively, the amendments have modified the text of the JPA, changed land uses within portions of the JPA, and changed the boundary of the JPA. EXHIBIT "N" Revised Future Land Use Map (Figure 2) Exhibit "N" NORTH MCCORMICK RD • 'C 1 • • ?. 5 ill =I' " I . ICI ,:_ ... I� S.. ?,• vii L 550 3.100 M1� . .41 `� � •••• •• r..:j= 6 ., if ,..„..,....,,„::, .4 ::::: ,,„„ ,,„.,, 11. E r.ti .1 ,I l ... , . Hlllir v em.......... ::: , 0 O APOPKA ,a *9 ; / _ , • fi1� m , :�i= Fli v • Iyl: ii . ' I — —; I • '.'.__a = R. . R.4 o ri10 : � 1 S Vi i. - i - • ' �� X01 L JJ v. .. 1 • I r.n . J 1 ;44 � I II �'I _ I ii rR•7 I -1 _ - _ -- _- _ - i.l :'I::6iII•::rlll \o Icy. I oe: � J ---'`� n7 '_ '_ _�- ,'_' -' >� l ' d �;" o n , o r =11111 \\\ � ,.,. I �. ....IL _ M1_ NT $T .... r e I 5'TIJLtiF' ^" �nl Pi'' N14 a . .4 Ie ,,,,,, I. -u! 0. .�: , ,..,••,...• (, j 1,'; "' otCCIPM 1-■ '. ®�I I I II ■ i nn ... / `. •: ;s: I IIII • • �� I PRAIA / ` �in■n S/11 ......• thil „Ala i ILEt 1 1 r® J � J 1 ■ I ■ �. r 3 �'t I �� A o F . O F. (D r `,- 1 , \ 9k.VN. W _... /' --•�'1 �II��r CIR ` - . y II' I , ,_ .7G� i g T o �► , - WEST EXPY m 0 I , , Ii - elll�--:' EA / 1 � s 1 - I 1 1 — IL �� 1 „ �i Legend ,� 41,11011 • • ?i. Low Density ResidenFuture Land Use Classification: tial � �;;_ �® Medium Density Residential L ` ' ' �' B ,j,,,,,,,,,!..., =High Density Residential �:,,y” 'il ". "17>' � p —`;_�� =�? -Professional Offices and Services '= l - _ _"- --. 1" Light Industrial Commercial • ^• n • s', ��.' ,.r�...�•,, ! .♦ Heavy Industrial , � Consery ation /Fbodplains ;. 1[ \ "• - Recreation and Open Space LAKE "•::��,.. • ;:. S ....:t: • wm Ir %;: ' ` ; L - , l► • Public Facilities /Institutional � : •',, // Orange County I�� • Low Density Residential 1 /,Orange County Industnal — Joint Planning Area Boundary — City Limits Boudary Outside of JPA Unincorporated Orange County Lake / Pond • • • West Orange Trail —,— Rail Line Expressway O State Road 0 County Road EXHIBIT "0" Revised Existing Land Use Map (Figure 1) Exhibit "0" • • NORTH MCCORMICK RD °' I , I �I ' .. tr ' 0 550 3,100 �, j /kl) r e . 1 10: " .;, 711 o '", idle ;. TRI a n . - -. . Free : ■ i r -/ ,. 1,.,161' . = i 3 o CD CD 6 II 3 a a3 j • I ♦ � o ,., E; ' 11 R. _1.111[ � y ■ • a '� I' 1 1 1 I I h ��. nn Uj F I . �� x �`, � �II`. I l I f IFS I i! 9 ‘i441 5C II lagji .� �I ! . , , .iI irt 114 ° ' ter " Z` : �_ tf ∎ I . I + NIIII .� iliNnle' o/ , �„ _ rl I ■■041 100 :1 ihnollusc 11 g1°tEITR, a j t1q. / = 1 1 A.. m o x � ` -''`11 Y i..� o 0 N 1 l � ::' -1 i 1 . Mt � 4 t __ r n.. n .1!✓ I I -> ru�l i Hh H� 'Z I rel I !. Hoepiti CD p a 11 �� - f Il ®EAgT•WEST EX PY m cn ' "".:NEW:;;STIM _Ty-- ir 4 i Legend Mirr `` t 0 Existing Land Use Classification. . i ,. ¢u °y •' Agricultural $1 Low Density Residential a _ f' RN R ._ s ' n Medium Density Residential �% g�( h® k a Pt/ High Density Residential I Professional Offices an Services £ �` :'t; l efir fj �� - Commercial •\ \; l-=�� x1' Ligh[ Industrial _ F � I ,,, „. t , i J' , Heavy Industrial 1 ' ” Conservaton /Floodplai �� ; ;' � ' d �- +' Recreation and Open Space ,-,-!f ubc :sal litiAstiti 9 �.$ StoPrmw liter FaciNlnies Vacant Joint Pnnciing Area Boundatuonal ry Ciry Lits Boud Outside of JPA p Unincorporated Orange County Lake / Pond °v -•- West Orange Trail N -.-- Rail Line Expressway ' O State Road 0 County Road