03-25-14A08:29 RCVD
03-25-14A07,24 RCVO
Interoffice Memorandum
DATE:
March 24, 2014
TO:
Katie Smith, Deputy Clerk
Comptroller Clerk's Office
THRU:
Cheryl Gillespie
Agenda Development, BCC
FROM:
Alberto Vargas, MArch., Manager
Planning Division
CONTACT PERSON:
Janna Souvorova, AICP
(407) 836-5332 or Janna. Souvorova@ocfl. net
SUBJECT:
Request for Public Hearing: April 22, 2014, at 2:00
p.m. to adopt the following:
~
Eighteenth Amendment to the Joint Planning Area
(JPA) Agreement between Orange County and the
City- of Ocoee.
APPLICANT:
N/A
PROPERTY ID NO.:
N/A
DISTRICT#:
TYPE OF HEARING:
District 1
Amendment to Joint Planning Area Agreement
HEARING REQUIRED BY
FLA. STATUTE#. OR CODE:
N/A, however, JPA requires public hearing
ADVERTISING
REQUIREMENTS:
Publish a regular enactment advertisement in local
newspaper of general circulation in compliance with
Florida Statutes No. 125.66 (4) (b) (1) & (2). The
advertisements shall be no less than two columns
wide by 10 inches long in a standard size
newspaper, and the headline in the advertisement
shall be in a type no smaller than 18 point in a
newspaper of general circulation published at least 5
days a week.
ADVERTISING TIMEFRAMES:
At least ten (1 0) days prior to the public hearing
APPLICANT/ABUTTERS
TO BE NOTIFIED:
N/A
ESTIMATED TIME REQUIRED
FOR PUBLIC HEARING:
2 minutes
HEARING CONTROVERSIAL:
No
SPANISH CONTACT PERSON:
Para mas informacion en espanol acerca de estas
reuniones publicas o de cambios por ser efectuados,
favor de II amar a Sara Fore lie en Ia Division de
Planificacion al (407)-836-5619.
MATERIALS BEING SUBMITTED
AS BACKUP FOR PUBLIC
HEARING REQUEST:
SPECIAL INSTRUCTIONS TO
CLERK (IF ANY):
c:
Proposed Eighteenth Amendment to the Joint
Planning Area (JPA) Agreement between Orange
County and the City of Ocoee.
Please use public hearing heading for advertising:
Eighteenth Amendment to the Joint Planning Area
(JPA) Agreement between Orange County and the
City of Ocoee. Planning Division will submit two
originals already executed by the City of Ocoee to
the Clerk's office. Please transmit both fully
executed originals to the Planning Division upon
approval.
Chris Testerman, AICP, Assistant County Administrator
Joel D. Prinsell, Deputy County Attorney, County Attorney's Office
Dana Crosby-Collier, Assistant County Attorney, County Attorney's Office
Jon V. Weiss, P.E., Director, CEDS Department
Susan McCune, AICP, Project Manager, Planning Division
Janna Souvorova, AICP, Principal Planner, Planning Division
EIGHTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE
THIS
EIGHTEENTH
AMENDMENT
TO
JOINT
PLANNING
AREA
AGREEMENT (this "Amendment") is made and entered into as of the __ day of
_ _ _ ___;, 2014, by and between ORANGE COUNTY, FLORIDA, a political
subdivision of the State of Florida (the "County") and the CITY OF OCOEE, a Florida
municipal corporation (the "City").
RECITALS
. WHEREAS, the County and the City have entered into a certain Joint Planning Area
Agreement, ·dated February 11, 1994 as amended by the First Amendment thereto dated August
4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by
the Third Amendment thereto dated November 2; 1999, as amended by the Fourth Amendment
thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6,
2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the
Seventh through Tenth Amendments thereto dated February 10, 2004, as amended by the
Eleventh Amendment thereto dated April 5, 2004, as amended by the Twelfth Amendment
thereto dated August 3, 2004, as amended by the Thirteenth Amendment thereto dated
November 29, 2005, as amended by the Fourteenth and Fifteenth Amendments thereto dated
January 27, 2009, as amended by the Sixteenth Amendment thereto dated December 4, 2009, as
amended by the Seventeenth Amendment thereto dated May 7, 2013, and as amended by that
certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1998
(hereinafter collectively referred to as the "Joint Planning Area Agreement"); and
ORLDOCS 13178685 I
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
WHil~REAS,
both the County and the City exercise
.~omprehensive
planning authority
pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and
Land Development Regulation Act, and enforce land development regulation!? to regulate the
development of land within the respective areas of jurisdiction of each party; and
WHEREAS, the County and the City have the authority to enter into this Amendment
pursuant to the Local Government Comprehensive Planning and Land Development Regulation
Act in general and Section 163.3171, Florida Statutes, in particular; ·and
WHEREAS, the provisions of the Joint Planning Area Agreement set forth certain
procedures for amending the future land use designations shown on the Joint Planning Area Land
Use Map (hereinafter the "JPA Land Use Map"); and
WHEREAS, the County and City desire to change the future land use designation on
certain properties that are subject to the Joint Planning Area Agreement; and
WHEREAS, the local planning agencies of both the County and City have considered
this Amendment and made recommendations to the Orange County Board of County
Commissioners and the Ocoee City Commission, respectively; and
WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, this Amendment has
been approved at advertised public hearings held by both the Orange County Board of County
Commissioners and the Ocoee City Commission.
NOW, THEREFORE, in consideration of the covenants made by each party to the other
and of the mutual advantages to be realized by the parties hereto, the receipt and sufficiency of
which is hereby acknowledged, the County and the City hereby agree as follows:
ORLDOCS 13178685 I
-2-
Section 1.
Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
Section 2.
Authority. This Amendment is entered into pursuant to (1) Chapters 125,
163 and 166, Florida Statutes, (2) the general authority of Section 163.01, Florida Statutes,
relating to interlocal agreements, (3) the Charters of the County and City, and (4) the Joint
Planning Area Agreement.
Section 3.
Definitions. All terms and phrases used in this Amendment shall be as
defined in the Joint Planning Area Agreement, as amended, unless otherwise indicated.
Section 4.
Joint Planning Area Land Use Map Update. The Joint Planning Area
Land Use Map, as set forth in Exhibit "B" to the Joint Planning Area Agreement, is hereby
amended and replaced with the Exhibit "B attached hereto and by this reference made a part
hereof. The amendment to the Land Use Map includes changes to the future land use designation
of the property identified in Exhibit "1" attached hereto and by this reference made a part
hereof.
Section 5.
Continuing Effect.
Except as expressly set forth herein, the Joint
Planning Area Agreement, as amended, remains unchanged and in full force and effect.
ORLDOCS 13178685 I
-3-
IN WITNESS WHEREOF, the County and City have executed this Amendment on
behalf of the County and City, respectively, and have set their seals hereto as of the date set forth
above.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By: _ _ _ _ _ _ _ _ _ _ _ __
Teresa Jacobs
Orange County Mayor
Date: -------------------------ATTEST: Martha 0. Haynie, County Comptroller
As Clerk ofthe Board of County Commissioners
By: _ _ _ _ _ _ _ _ _ _ __
Deputy Clerk
Date:- - - - - - - - - - - - -
ORLDOCS 13178685 I
-4-
CITY OF OCOEE, a Florida municipal
corporation
WITNESSES:
By:
<
$ut""
a~1,~
STcorr VANDERGRIFT, Mayor
.,.----....
C.a,~~+-~
Printed Name:~.
ft}J'J
(SEAL)
FOR THE USE AND RELIANCE
ONLY BY THE CITY OF
OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this~ day of J§.B
, 2014
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
Ee-'CX\ lQ(-./ \8 , 2014 UNDER
AGENDA ITEM NO._.--+-'\0.......__ __
SHUFFIELD, LOWMAN & WILSON P.A.
By:._~·
~Je:_~..__
'yAt
y
~
STATEOFF
IDA
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 111y hand and official seal in the County and State last aforesaid this \2to day
of t""ebo.A.Qi>f , 2014.
LC\ya.. L~
Signature ofNotary
--C!))
Name of Notary (type, printed or stamped)
Commission Number (if not legible on seal):._ _ _ __
ORLDOCS 13178685 I
-5-
EXHIBIT "1"
18th JPA Amendment
Location Map
·-!
Exhibit B
Joint Planning Area Land Use Map
0.25
0.5
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Professional Offices and Services
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Commercial
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Industrial