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Item #14 16th Joint Planning Agreement Amendment - LSCPA enter of Good 411, AGENDA ITEM COVER SHEET Meeting Date: July 19, 2011 Item # ( y Reviewed By: f Contact Name: Michael Rumer Department Director: A /j4J /, ag, Contact Number: Ext. 1018 City Manager: *fj Subject: 16 Amendment to the Joint Planning Agreement (JPA) Large Scale Comptelumsive Ptan Amendment CPA -201 District 1 Gary Hood Background Summary: The City has initiated this amendment to the Comprehensive Plan in order to (i) incorporate by reference the Sixteenth JPA Amendment; (ii) provide for the revision of the Future Land Use Map (Figure 2) and the Existing Land Use Map (Figure 1) to conform to the Joint Planning Area Land Use Map as modified by the Sixteenth JPA Amendment; and (iii) provide for the revision of the Existing Land Use Map (Figure 1) to conform to the Orange County Comprehensive Policy Plan Future Land Use Map as modified by the County Comprehensive Plan Amendment. The Sixteenth (16th) Amendment to the City of Ocoee - Orange County Joint Planning Area Agreement (JPA) amended the boundary to include the area located north of Palm Drive, east of East Crown Point Road and west of SR 429 aka "East Crown Point High Tech Industry PUD" and establish a JPA Future Land Use map designation for all parcels as "Light Industrial." An ORC report on the proposed comprehensive plan amendment has been received from DCA with no objections. Issue: Should the Honorable Mayor and City Commissioners adopt an ordinance to approve a Large Scale Comprehensive Plan Amendment (i) amending the Intergovernmental Coordination Element to incorporate into the Ocoee Comprehensive Plan the 16 Amendment to the Ocoee /Orange County Joint Planning Area Agreement (JPA); (ii) amending the Future Land Use Map (Figure 2) and the Existing Land Use Map (Figure 1) of the Ocoee Comprehensive Plan to conform to the 16 Amendment to the JPA; and (iii) amending the Existing Land Use Map (Figure 1) to conform to Orange County Comprehensive Plan Amendment Ordinance Number 2010 -07 with respect to lands referenced in the 16 Amendment to the JPA? Recommendations: Planning and Zoning Commission: The proposed comprehensive plan amendment was reviewed at a public hearing by the Planning & Zoning Commission, acting as the Local Planning Agency (LPA), on September 14, 2010. The LPA recommended approval of: (i) amending the Intergovernmental Coordination Element to incorporate into the Ocoee Comprehensive Plan the 16 Amendment to the Ocoee /Orange County Joint Planning Area Agreement (JPA); (ii) amending the Future Land Use Map (Figure 2) and the Existing Land Use Map (Figure 1) of the Ocoee Comprehensive Plan to conform to the 16 Amendment to the JPA; and (iii) amending the Existing Land Use Map (Figure 1) to conform to Orange County Comprehensive Plan Amendment Ordinance Number 2010 -07 with respect to lands referenced in the 16 Amendment to the JPA. Staff Recommendation: Staff recommends that the Honorable Mayor and City Commissioners adopt an ordinance to approve a Large Scale Comprehensive Plan Amendment which will (i) amend the Intergovernmental Coordination Element to incorporate into the Ocoee Comprehensive Plan the 16 Amendment to the Ocoee /Orange County Joint Planning Area Agreement (JPA); (ii) amending the Future Land Use Map (Figure 2) and the Existing Land Use Map (Figure 1) of the Ocoee Comprehensive Plan to conform to the 16 Amendment to the JPA; and (iii) amending the Existing Land Use Map (Figure 1) to conform to Orange County Comprehensive Plan Amendment Ordinance Number 2010 -07 with respect to lands referenced in the 16 Amendment to the JPA. Attachments: Ordinance Objections, Recommendations, and Comments Report (ORC) Financial Impact: None Type of Item: (please mark with an "x") X Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda X Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A 2 CITY OF OCOEE • NOTIC F PUBLIC HEARING 154 AMEND ` ENT 4 � "RGE SCA -E COMPREH E PLAN AMENDMENT CPA- 2010 -005 NOTICE IS HEREBY given that the OCOEE CITY COMMISSION will consider adopting an Ordinance thereby adopting Comprehensive Plan Amendments related to a large scale amendment to the City of Ocoee Comprehensive Plan (i) amending the Intergovernmental Coordination Element to incorporate into the Ocoee Comprehensive Plan the 16th Amendment to the Ocoee /Orange County Joint Planning Area Agreement (JPA); (ii) amending the Future Land Use Map (Figure 2) and the Existing Land Use Map (Figure 1) of the Ocoee Comprehensive Plan to conform to the 16th Amendment to the JPA; and (iii) amending the Existing Land Use Map (Figure 1) to conform to Orange County Comprehensive Plan Amendment Ordinance Number 2010 -07 with respect to lands referenced in the 16th Amendment to the JPA. The OCOEE CITY COMMISSION will hold a public hearing on the proposed large scale amendment on . i TUESDAY, JULY 19, 2011, AT.7:15 PM or as soon thereafter as practical. The public hearing will be held in the City Hall Commission Chambers located at 150 North Lakeshore Drive, Ocoee. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RESCINDING ORDINANCE NO. 2010 -033; AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT TO INCORPORATE THE SIXTEENTH AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT BETWEEN THE CITY OF OCOEE AND ORANGE COUNTY, FLORIDA; PROVIDING FOR THE AMENDMENT OF THE FUTURE LAND USE MAP (FIGURE 2) AND THE EXISTING LAND USE MAP (FIGURE 1) OF THE OCOEE COMPREHENSIVE PLAN TO CONFORM TO THE SIXTEENTH AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR THE AMENDMENT OFTHE EXISTING LAND USE MAP (FIGURE 1) TO CONFORM TO ORANGE COUNTY COMPREHENSIVE PLAN AMENDMENT ORDINANCE NUMBER 2010 -07 WITH RESPECT TO LANDS REFERENCED, IN THE SIXTEENTH AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING= FOR ANA EFFECTIVE DATE. This Large Scale Comprehensive Plan Amendment will change the land use of prop located within the municipal limits of the City and /or the Ocoee /Orange County Joint Planning Area. `rte t .� volli 1 el od. 1 . 1 . 'i trw ii . . i _,,. ic irtit, le A .; . � Ciry of Ocoee mi. ,� Unincorporated Territory ® and OAt+ec.Munic�alitke. � Joint Pl 8oundaryanning Area Interested parties may appear at the public hearing and be heard with respect to the proposed actions above. The complete case file may be inspected at the Ocoee Development Services Department/PlanningDivision. located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5 :00 p.m„ Monday `, through Friday, except legal holidays. The City Commission may continue these public hearings to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued, public hearings shall be announced during the hearing and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at 407 -905 -3105. Beth Eikenberry, City Clerk Publish: Thurs, July 7, 2011 City of Ocoee e Notice of Public Hearin "° s`= 4 _ 16th JPA AMENDMENT , 5 LARGE SCALE y z COMPREHENSIVE i PLAN AMENDMENT - il CPA-2010-005 NOTICE IS HEREBY given that the OCOEE CITY -- COMMISSION will consider adopting an Ordinance - ... - RSTARR D thereby adopting Comprehensive Plan Amendments 11 related to a large scale amendment to the City of Ocoee - Comprehensive Plan (i) amending the Intergovern- mental Coordination Element to incorporate into the Ocoee Comprehensive Plan the 16'h Amendment to the Ocoee /Orange County Joint Planning Area Agree- r = ment (JPA): (ii) amending the Future Land Use Map ® (Figure 2) and the Existing Land Use Map (Figure 1) - of the Ocoee Comprehensive Plan to conform to the i� - 1 6th Amendment to the JPA; and (iii) amending the Ex- isting Land Use Map (Figure 1) to conform to Orange / County Comprehensive Plan Amendment Ordinance ET city of Ocoee Number 2010 -07 with respect to lands referenced in Unincorporated Territory the 16th Amendment to the JPA. and Other Municipalities Q Joint Planning Area The OCOEE CITY COMMISSION will hold a public Boundary hearing on the proposed large scale amendment on TUESDAY, JULY 19, 2011, AT 7:15 PM or as soon Interested parties may appear at the public hearing thereafter as practical. The public hearing will be held and be heard with respect to the proposed actions in the City Hall Commission Chambers located at 150 above. The complete case file may be inspected at North Lakeshore Drive, Ocoee. the Ocoee Development Services Department/Plan- ning Division located at 150 , North Lakeshore Drive, AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA Ocoee, Florida between the hours of 8:00 a.m. and RESCINDING ORDINANCE NO. 2010 -033; AMEND- 5:00 p.m., Monday through Friday, except legal holi- ING THE OCOEE COMPREHENSIVE PLAN AS AD- days. OPTED IN 1991, AS AMENDED; AMENDING THE IN- TERGOVERNMENTAL COORDINATION ELEMENT The City Commission may continue these public hear - TO INCORPORATE THE SIXTEENTH AMENDMENT ings to other dates and times, as it deems necessary. TO THE JOINT PLANNING AREA AGREEMENT Any interested party shall be advised of the dates, BETWEEN THE CITY OF OCOEE AND ORANGE times, and places of any continuation of these or con COUNTY, FLORIDA; PROVIDING FOR THE AMEND- tinued public hearings shall be announced during the .MENT OF THE FUTURE LAND USE MAP (FIGURE hearing and no further notices regarding these :rnat- 2) AND THE EXISTING LAND USE MAP (FIGURE 1) ters will be published. ' You are advised that any per OF THE OCOEE COMPREHENSIVE PLAN TO CON- son who desires to appeal any decision made at the FORM TO THE SIXTEENTH AMENDMENT TO THE public hearings will need a record of the proceedings JOINT PLANNING AREA AGREEMENT, PROVIDING and for this purpose may need to ensure that a verba- FOR THE AMENDMENT OF THE EXISTING LAND tim record of the proceedings is made which includes USE MAP (FIGURE 1) TO CONFORM TO ORANGE the testimony and evidence upon which the appeal is COUNTY COMPREHENSIVE PLAN AMENDMENT based. Persons with disabilities needing assistance ORDINANCE NUMBER 2010 -07 WITH RESPECT to participate in any of these proceedings should con- TO LANDS REFERENCED IN THE SIXTEENTH tact the City Clerk's Office 48 hours in advance of the AMENDMENT TO THE JOINT PLANNING AREA meeting at 407- 905 -3105. AGREEMENT; REPEALING INCONSISTENT ORDI- NANCES; PROVIDING FOR SEVERABILITY; PRO- Beth Eikenberry. City Clerk VIDING FOR AN EFFECTIVE DATE. Publish: Thurs, July 7, 2011 This Large Scale Comprehensive Plan Amendment will change the land use of properties located within the municipal limits of the City and /or the Ocoee /Or- ange County Joint Planning Area. ORDINANCE NO. CASE NO. CPA - 2010 -005: SIXTEENTH JPA COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RESCINDING ORDINANCE NO. 2010 -033; AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT TO INCORPORATE THE SIXTEENTH AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT BETWEEN THE CITY OF OCOEE AND ORANGE COUNTY, FLORIDA; PROVIDING FOR THE AMENDMENT OF THE FUTURE LAND USE MAP (FIGURE 2) AND THE EXISTING LAND USE MAP (FIGURE 1) OF THE OCOEE COMPREHENSIVE PLAN TO CONFORM TO THE SIXTEENTH AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR THE AMENDMENT OF THE EXISTING LAND USE MAP (FIGURE 1) TO CONFORM TO ORANGE COUNTY COMPREHENSIVE PLAN AMENDMENT ORDINANCE NUMBER 2010 -07 WITH RESPECT TO LANDS REFERENCED IN THE SIXTEENTH AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT; REPEALING INCONSISTENT ORDINANCES; 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, effective December 4, 2009, the City and the County entered into that certain Sixteenth Amendment to Joint Planning Area Agreement, a true copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (the "Sixteenth JPA Amendment "); and WHEREAS, on June 22, 2010, by Orange County Ordinance Number 2010 -07, the County amended the Orange County Comprehensive Policy Plan to modify the County ORLA_1740758.2 -1- Comprehensive Policy Plan Future Land Use Map with respect to the future land use designation for those lands brought within the boundaries of the Joint Planning Area pursuant to the Sixteenth JPA Amendment (the "County Comprehensive Plan Amendment "); and WHEREAS, the City has initiated this amendment to the Comprehensive Plan (the "Amendment ") in order to (i) incorporate by reference the Sixteenth JPA Amendment; (ii) provide for the revision of the Future Land Use Map (Figure 2) and the Existing Land Use Map (Figure 1) to conform to the Joint Planning Area Land Use Map as modified by the Sixteenth JPA Amendment; and (iii) provide for the revision of the Existing Land Use Map (Figure 1) to conform to the Orange County Comprehensive Policy Plan Future Land Use Map as modified by the County Comprehensive Plan Amendment; 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 ( "DCA "); and WHEREAS, the Ocoee City Commission held advertised public hearings on September 21, 2010, on October 19, 2010 and on , 2011 in order to obtain public comment regarding the proposed Amendment; and WHEREAS, on October 19, 2010, the Ocoee City Commission adopted the proposed Amendment by Ordinance No. 2010 -033, notwithstanding having not received an Objections, Recommendations and Comments Report for the proposed Amendment from DCA; and WHEREAS, on November 1, 2010, the City transmitted the adopted Amendment to DCA; and WHEREAS, on November 8, 2010, the DCA returned the Amendment package as prematurely adopted ; and WHEREAS, the City wishes to rescind Ordinance No. 2010 -033 so that it may readopt the Amendment pursuant to DCA's request; and WHEREAS, the Ocoee City Commission has considered all oral and written comments received during the public hearings, including the recommendations of the Local Planning Agency; and WHEREAS, the Ocoee City Commission desires to adopt the Amendment with such changes thereto as the City Commission deems appropriate. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. ORLA_1740758.2 -2- 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. Rescission of Ordinance. Ordinance No. 2010 -033 is hereby repealed and rescinded. Section 4. Amendment to the Intergovernmental Coordination Element. The Ocoee City Commission hereby amends Intergovernmental Coordination Element of the Ocoee Comprehensive Plan to incorporate, in its entirety, the Sixteenth JPA Amendment. Section 5. Map Amendments. The Development Services Director is hereby authorized and directed to (i) revise the Future Land Use Map (Figure 2) and the Existing Land Use Map (Figure 1) of the Ocoee Comprehensive Plan to reflect the lands added to the Joint Planning Area pursuant to the Sixteenth JPA Amendment; (ii) revise the Future Land Use Map (Figure 2) of the Ocoee Comprehensive Plan to conform to the Joint Planning Area Land Use Map as modified by the Sixteenth JPA Amendment; and (iii) revise the Existing Land Use Map (Figure 1) of the Ocoee Comprehensive Plan to conform to the Orange County Comprehensive Policy Plan Future Land Use Map as modified by the County Comprehensive Plan Amendment. Section 6. Public Participation Procedures. The Ocoee City Commission hereby finds that the Amendment has been adopted in conformity with the Public Participation Procedures set forth in Section 10 of the Ocoee Comprehensive Plan. Section 7. Transmittal of Adopted Amendment. The Ocoee City Commission hereby designates the City Planner as the designee of the City Commission to transmit the adopted Amendment pursuant to the requirements of Section 163.3184(7), Florida Statutes. Section 8. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. 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_1740758.2 -3- PASSED AND ADOPTED this day of , 2011. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY TRANSMITTAL PUBLIC HEARING THE CITY OF OCOEE, FLORIDA ADVERTISED: September 9, 2010 APPROVED AS TO FORM AND HELD ON: September 21, 2010 UNDER LEGALITY THIS DAY OF AGENDA ITEM NO. 17B , 2011 ADOPTION PUBLIC HEARING FOLEY & LARDNER LLP ADVERTISED: _ , 2011 HELD ON: _ , 2011 UNDER By: AGENDA ITEM NO. City Attorney ORLA_1740758.2 -4- Exhibit "A" Sixteenth JPA Amendment ORLA_1740758.2 -5- APPROVEu ErY ORANGE COUNTY ROAR.) QE COUNTY COMMISSIONERS !2 0 S ~ + SIXTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE THIS SIXTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment ") is made and entered into as of the day of fFE4 4 49 , 2009, by and between ORANGE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County") and the CITY OF OCOEE, a Florida municipal corporation (the "City"). RECITALS WHEREAS, the County and the City have entered into a certain Joint Planning Area • Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the Seventh through Tenth Amendments thereto dated February 10, 2004, as amended by the Eleventh Amendment thereto dated April 5, 2004, as amended by the Twelfth Amendment k!' thereto dated August 3, 2004, as amended by the Thirteenth Amendment thereto dated Noovembber _ / 29, 2005, as amended by the Fourteenth Amendment thereto dated 3 1 , 98 Pas amended aG O ; U by the Fifteenth Amendment thereto dated and as amended by thatrtain 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 ORIA_1019324.4 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 Orange County, Florida as more particularly described in Exhibit "1" (the "First East Crown Point Parcel ") attached hereto and by this reference made a part hereof in order to add said lands to the Joint Planning Area within which the City may annex lands and establish future land uses with respect to those lands; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as it relates to certain real property within Orange County, Florida as more particularly described in Exhibit "2" attached hereto and by this reference made a part hereof (the "Second East Crown Point Parcel ") in order to change the land use designation shown on the JPA Land Use Map from "Low Density Residential" to "Light Industrial." WHEREAS, the Second East Crown Point Parcel is presently located within the Joint Planning Area; and ORLA1019324. -2- WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in order to (i) add the First East Crown Point Parcel to the Joint Planning Area; (ii) amend the JPA Land Use Map to provide a land use designation for the First East Crown Point Parcel; and (iii) amend the JPA Land Use Map to change the land use designation for the Second East Crown Point Parcel; and WHEREAS, the City has notified the County of the proposed 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; 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. ORLA_1019324. "3- 1 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. First East Crown Point Parcel; Addition to the 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 First East Crown Point 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 as the First East Crown Point Parcel on the depiction of the parcel affected by this amendment provided in Exhibit "3" attached hereto and by this reference made a part hereof. Section 5. First East Crown Point Parcel; 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 First East Crown Point Parcel (subject to inclusion of the First East Crown Point Parcel in the Joint Planning Area) as "Light Industrial." 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 refer to the JPA Land Use Map as amended to incorporate this Amendment. ORLA 1019324.4 -4- Section 6. Second East Crown Point Parcel; Amendment to the Joint Planning Area Land Use Man. The JPA Land Use Map is hereby amended to change the land use designation of the Second East Crown Point Parcel from "Low Density Residential" to "Light Industrial." 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 refer to the JPA Land Use Map as amended to incorporate this Amendment. Section 7. 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 4 'IT By: BOARD OR COUNTY COMMISSIONERS NocAll • ` By: A, ' Richard T. Crotty � ATE: Orange County Mayor 1 6 1 wripprix awnpbsdintociakmacentaxamixa ostwammit ATTEST: Martha 0. Haynie, County Comptroller As Clark of the Bo rd of Cou ty Commissioners B . , �-, Deputy Clerk �. Date DEC 0 4 2009 ORLA_101932 -5- CITY OF OCOEE, a Florida municipal WITNESSES: corporation Printed Name: '' tko [( MOS' (8L S. SCOTT VANDERGRIFr, Ma or tr� Attest: agAf&ljz Printed Name: 4 7&h P � ,J /�. L i fob BETH EIKENBERRY, City Cler ✓ (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 YY\ 5 , 2009 UNDER WORM ORM A LEGALITY AGENDA IT M NO. thus 5 day of , 2009 FOLr LARDNER LLP By: City Attorney • ORtA 1019324.4 -6- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this 5 day of , 2009. _ S gnature of Notary •. �, % Name of Notary (type, printed or stamped) % • e; Commission Number (if not legible on seal): t cn= My Commission Expires Of not legible on seal): j Vk • �� � Q ": ORLA 1019324.4 -7- EXHIBIT "1" LEGAL DESCRIPTION OF FIRST EAST CROWN POINT PARCEL (Tract 1 & 2 of Crown Point) TRACT 1 BEGIN AT THE NORTHEAST CORNER OF THE NORTHEAST 'A OF SECTION 13, TOWNSHIP 22 SOUTH, RANGE 27 EAST, ORANGE COUNTY, FLORIDA; RUN THENCE S00 ° 05'38 "E ALONG THE EAST LINE OF SAID NORTHEAST 'A OF SECTION 13 A DISTANCE OF 642.00 FEET; THENCE N 89 °47'39 "W A DISTANCE OF 316.00 FEET TO THE WEST LINE OF THE EAST 316.00 FEET OF SAID NORTHEAST ' OF SECTION 13' THENCE S00 °05'38'E ALONG SAID WEST LINE OF THE EAST 316.00 FEET A DISTANCE OF 642.74 FEET THE NORTH RIGHT -OF -WAY LINE OF PALM DRIVE; THENCE S89 °59'52 "W ALONG SAID NORTH RIGHT -OF -WAY LINE A DISTANCE OF 319.68 FEET TO THE INTERSECTION OF THE EAST RIGHT -OF -WAY LINE OF EAST CROWN POINT ROAD AND SAID NORTH RIGHT -OF -WAY LINE OF PALM DRIVE; THENCE N00 °07'54 "E ALONG SAID EAST RIGHT -OF -WAY LINE OF EAST CROWN POINT ROAD A DISTANCE OF 1285.89 FEET TO THE NORTH LINE OF THE NORTHEAST '/4 OF SECTION 13; THENCE S89 °47'39 "E ALONG SAID NORTH LINE OF THE NORTHEAST '/4 OF SECTION 13 A DISTANCE OF 630.63 FEET TO THE POINT OF BEGINNING. CONTAINS 610,520 SQUARE FEET OR 14.016 ACRES MORE OR LESS. TRACT 2 PARENT PARCEL: THE SOUTH 11 ACRES OF THE E'h OF THE SE' 'A OF THE SE' OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST. LESS A PARCEL OF LAND IN THE EAST %s OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 'A OF SECTION 12, TOWNSHIP 22 SOUTH RANGE 27 EAST, ORANGE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, ORNAGE COUNTY, FLORIDA; RUN N00 °23' 10 "W 561.92 FEET ALONG THE EAST LINE OF THE SOUTHEAST ''A OF THE SOUTHEAST '4 OF SAID SECTION 12 TO THE POINT OF BEGINNING; THENCE CONTINUE N00°23' 10 "W 164.08 FEET ALONG SAID EAST LINE TO A POINT 11 CHAINS NORTH (726.00 FEET) OF THE SOUOTHEAST CORNER OF SAID SECTION 12; THENCE S 89 °53'57 "W 638.28 FEET ALONG A LINE PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST 'A4 OF THE SOUTHEAST '/4 OF SAID SECTION 12 TO A POINT ON A CURVE ON THE EASTERLY RIGHT -OF -WAY OF EAST CROWN POINT ROAD AS DESCRIBED IN DEED BOOK 995, PAGE465 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID CURVE IS CONCAVE EASTERLY, HAVING A RADIUS OF 8564.11 FEET, A CENTRAL ANGLE OF 01 °05'53 ", AND A TANGENT BEARING OF S00 °42'21 ", THENCE SOUTHERLY 164.12 FEET ALONG SAID CURVE TO A POINT ON THE CURVE; THENCE DEPARTING SAID RIGHT -OF- WAY ON A NON TANGENTIAL BEARING, RUN N89 °53'57" E635.80 FEET ALONG A LINE PARALLEL TO THE SAID SOUTH LINE OF THE SOUTHEAST '/4 OF THE SOUTHEAST % OF SECTION 12 TO THE POINT OF BEGINNING. ORLA 1019324.4 -8- ALSO LESS ROAD RIGHT -OF -WAY ON WEST PER RIGHT -OF -WAY AGREEMENT RECORDED IN DEED BOOK 995, PAGE 465, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. CONTAINS 354,768 SQUARE FEET OR 8.1444 ACRES MORE OR LESS. PARCEL A COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, ORNAGE COUNTY, FLORIDA; RUN THENCE N00 °23'31 "W, ALONG THE EAST LINE OF SAID SOUTHEAST '/4 OF SECTION 12, A DISTANCE OF 286.14 FEET FOR A POINT OF BEGINNING; THENCE S89 °53'57 "W, PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST % OF SECTION 12, A DISTANCE OF 316.80 FEET; THENCE N00 °06'24 "W A DISTANCE OF 275.78 FEET; THENCE N89 °53'57 "E, PARALLEL TO SAID SOUTH LINE OF THE SOUTHEAST '/4 OF SECTION 12, A DISTANCE OF 315.43 FEET TO SAID EAST LINE OG THE SOUTHEAST % OF SECTION 12 ; THENCE S00°23'3 PE, ALONG SAID EAST LINE OF THE SOUTHEAST '% OF SECTION 12, A DISTANCE OF 275.78 FEET TO THE POINT OF BEGINNING. CONTAINS 87,177 SQUARE FEET OR 2.0013 ACRES MORE OR LESS ORLA_1019324.4 -9- EXHIBIT "2" LEGAL DESCRIPTION OF SECOND EAST CROWN POINT PARCEL (Tract 3A and 3B of Crown Point) A PORTION OF THE SOUTHWEST 1 /4 OF SECTION 7 AND THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE SOUTHWEST 'A OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA: THENCE RUN N00 °18'20 "W ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 2094.00 FEET; THENCE N88 °16'32 "E A DISTANCE OF 275.37 FEET TO THE WESTERLY LIMITED ACCESS RIGHT -OF -WAY LINE OF WESTERN BELTWAY, STATE ROAD NO. 429 ORLANDO - ORANGE COUNTY EXPRESSWAY AUTHORITY PROJECT NO. 75320 -6460- 602 /603; THENCE RUN THE FOLLOWING 5 COURSES ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE: (1) S01 °43'28 "E A DISTANCE OF 2096.22 FEET; (2) N88 °46'36 "E A DISTANCE OF 5.00 FEET; 93) THENCE S03 °36'24 "W A DISTANCE OF 914.83 FEET; (4) THENCE N88 °16'32'E A DISTANCE OF 38.60 FEET; (5) S00 °34'21 "W A DISTANCE OF 369.76 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF PALM DRIVE; THENCE S88 °18'48 "W ALONG SAID NORTH RIGHT -OF -WAY LINE DISTANCE OF 302.60 FEET TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28EAST; THENCE N00 °18'50 "W ALONG SAID WEST LINE A DISTANCE OF 1283.43 FEET TO THE POINT OF BEGINNING. CONTAINING 1,018,680 SQUARE FEET OR 23.386 ACRES MORE OR LESS ORLA_1019324.4 -10- EXHIBIT "3" [Insert current Map of JPA Boundary with the First East Crown Point Parcel shown outlined and labeled, similar to Exhibit "2" in the Fourth JPA Amendment] ORLA_1019324.4 -11- ICCOnfl CK RD . ........ .._:..- ' . -'. 1 1,7, .;;.-?.. . . ---- •. LAKE ..4 11 : .t . .. - i1: : ::: -.2-d... ; . 2 - .'' P I ; ., :,;■7'..W.tt ••,.;:- • :-.E6w4 .• cArz . -•'._•:.:, ... • .....,,,,, ..• •.A.,: • •'•; .. . :- , ' ' -, ,....:1, .:•=7:7•;:f --'4,•- ••• ' • ,. •• , : ' : , ,e...-.: • !•:iciii:;;•! •,,,,-,...,,,;,-,- • t .:...., .,,,:::::,,,,,,:,•.--:,,,,,---...., • . .-,.,. _ ---: •• - . ''-•-::...• -- g 1; : ....F.:fi:!... -- . ' ,`-- -:::- -11/ 2 ; .. f - ' . . r . 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Existing JPA Boundary .:. - ...-_th:.:,..., !i•. 7 ' 4 :.: , .:. , • STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST THOMAS G. PELHAM Governor Secretary December 30, 2010 The Honorable S. Scott Vandergrift Mayor, City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761 Dear Mayor Vandergrift: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Ocoee (DCA No. 11 -1), which was received on November 3, 2010. Copies of the proposed amendment were distributed to appropriate state, regional and local agencies for their review, and their comments are enclosed for your consideration. The Department has reviewed the proposed amendment for consistency with Rule 9J -5, Florida Administrative Code, Chapter 163, Part 11, Florida Statutes, and the adopted City of Ocoee Comprehensive Plan. The Department raises no objection to the proposed amendment, and this letter serves as the Department's Objections, Recommendations and Comments Report. In order to expedite the Regional Planning Council's review of the amendments, and pursuant to Rule 9J- 11.011(5), Florida Administrative Code, please provide a copy of the adopted amendment directly to the Executive Director of East Central Florida Regional Planning Council. Should you have any questions, please contact James Stansbury, Regional Planning Administrator, at (850) 922 -1818. Since/ - ly, k )//./1 Mike McDaniel, Chief Office of Comprehensive Planning MM /apw Enclosures: Agency Comments cc: Phil Laurien, AICP, Executive Director, East Central Florida Regional Planning Council Craig A. Shadrix, Development Services Director, City of Ocoee Development Services Department 2656 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399 -2100 850 - 488 -8466 (p) • 850 - 921 -0781 (f) • Website: www.dca.state.fl.us • COMMUNITY PLANNING 850-488-2356 (p) 850-488-3309 (1) • FLORIDA COMMUNITIES TRUST 850 -922 -2207 (p) 850- 921 -1747 (f) • HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956 (p) 850- 922 -5623 (f) - 7 TRANSMITTAL PROCEDURES The process for adoption of local comprehensive plan amendments is outlined in Section 163.3184, Florida Statutes, and Rule 9J- 11.011, Florida Administrative Code. Within ten (10) working days of the date of adoption, the City must submit the following to the Department: 1. Three copies of the adopted comprehensive plan amendment; 2. A copy of the adoption ordinance; 3. A listing of additional changes not previously reviewed; 4. A listing of findings by the local governing body, if any, which were not included in the ordinance; and 5. A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate Notice of Intent. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9J- 11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the East Central Florida Regional Planning Council. Please be advised that the Florida Legislature amended Section 163.3184(8)(b), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish to the Department the names and addresses of the citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted plan amendment.