HomeMy WebLinkAboutItem 02 Resolution Accepting the FDOT Surplus Property (Physical Address 9969 West Colonial Drive) for Public Purpose of a Future Public Roadway cepter of Good zi.
AGENDA ITEM COVER SHEET
Meeting Date: July 19, 2005
Item# 2.
Reviewed By:
Contact Name: J. Antonio Fabre, AICP Department Director:
Contact Number: 905-3100 X1019 City Manager: i ,;�.jos
Subject: Resolution accepting the FDOT Surplus Property for Public Purpose of a Future Public Roadway.
Background Summary:
The City of Ocoee has petitioned Florida Department of Transportation (FDOT) for approximately four (4)
acres of surplus land on the north side SR 50 (West Colonial Drive). The City has requested this land to
facilitate a future (north-south) public roadway that will eventually link with Montgomery Avenue (Ocoee
Commons PUD)and SR 50.
Issue:
Should the Honorable Mayor and City Commissioners adopt a Resolution accepting the FDOT Surplus
Property for the Public Purpose of a Future Public Roadway?
Recommendations:
Staff respectfully recommends that the Mayor and City Commission adopt a Resolution, accepting the FDOT
Surplus Property for the Public Purpose of a Future Public Roadway.
Attachments:
Resolution; Location Map; Boundary & Topographic Survey date stamped received by the City on May 19,
2005; Phase 1 Environmental Site Assessment date stamped received by the City on April 5, 2005.
Financial Impact:
N/A
Type of Item:
❑ Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading 0 Consent Agenda
❑ Ordinance First Reading 0 Public Hearing
❑ Resolution 0 Regular Agenda
❑ Commission Approval
❑ Discussion&Direction
Cl Original Document/Contract Attached for Execution by City Clerk
0 Original Document/Contract Held by Department for Execution
Reviewed by City Attorney 0 N/A
Reviewed by Finance Dept. 0 N/A
Reviewed by ( ) ❑ N/A
Mayor center of Good LI Commissioners
S. Scott Vandergrift lei"IP. *;; T Danny Howell, District 1
.
Scott Anderson. District 2
City Manager Rusty Johnson, District 3
Robert Frank - Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: J. Antonio Fabre, AICP, Senior Planner
THROUGH: Russ Wagner, AICP, Community Development Director
DATE: July 1, 2005
RE: Resolution accepting the FDOT Surplus Property (Physical Address 9969 West
Colonial Drive) for Public Purpose of a Future Public Roadway.
ISSUE:
Should the Honorable Mayor and City Commissioners adopt a Resolution accepting the FDOT Surplus
• Property for the Public Purpose of a Future Public Roadway?
BACKGROUND/DISCUSSION:
The City of Ocoee has petitioned Florida Department of Transportation (FDOT) for approximately four
(4) acres of land along SR 50 (West Colonial Drive). The City has requested this land to facilitate a
future (north-south) public roadway that will eventually link with Montgomery Avenue (Ocoee Commons
PUD) and SR 50. Specifically, the subject property is located on the north side of SR 50 (W. Colonial
Drive) and between Blackwood Avenue and Clark Road. The property's physical address is 9969 W.
Colonial Drive and is identified by the parcel ID#21-22-28-0000-00-008.
The purpose of the land acquisition is to implement objectives established in the City of Ocoee
Comprehensive Plan adopted October 1, 2002; specifically, the Montgomery Avenue extension to SR 50
as it was identified in the recommended plan for roadway improvements in the Transportation Element.
Furthermore, the project was identified as part of the Roadway Improvement Master Plan for 2020. The
ultimate goal is to provide a new north-south connection within the City in order to reduce congestion
and provide better access to areas where development is occurring on SR 50 and Health Central
Hospital. Therefore, the surplus property will be use for the public purpose of a public roadway and
stormwater abatement.
It should be noted that the property was requested from FDOT several years ago. It was delayed
because of design considerations with the widening of SR 50. However, this is not an issue anymore
with FDOT. Therefore, FDOT has authorized it to be declared surplus property, which means if
relinquished for a public purpose it will be provided to the City at no cost via a "Quitclaim Deed."
On October 20, 2004, the City received preliminary approval for the surplus request from FDOT.
Therefore, in accordance with the acquisition procedure set forth by FDOT, the City has obtained a
boundary survey delineating the subject property with corresponding legal descriptions. It should be
noted, a few constrains regarding the property were observed with the site's survey description. First,
there is a 9.17 to 9.59 feet wide gap, which essentially splits off the subject property into a northern and
southern parcel. Second, the frontage on SR 50 is only 50 feet wide. Nevertheless, in order to acquire
the property, the City will need to transmit the adopted Resolution and two signed and sealed boundary
surveys to FDOT.
Finally, the City also ordered a Phase I Environmental Site Assessment in order to ensure the City's
interest. The purpose of an Environmental Site Assessment is to provide a professional opinion
regarding the possible presence or prior existence of hazardous material or hazardous waste
contamination of soil or groundwater at the site. On April 5, 2005 the City received the Phase 1
Environmental Site Assessment (Executive Summary attached for your review) for the subject property.
No hazardous material or hazardous waste contaminations of soil or groundwater appear to be evident
at the subject site. However, the assessment did caution about the potential of ethylene dibromide
(EDB) beneath the subject property. EDB is customarily associated with a residual effect of pesticide
use from historic orange grove cultivation activities. EDB migrates rapidly through groundwater and may
affect large areas. As a result, the State of Florida is not currently enforcing cleanup for these areas as
the groundwater impact is often regional and is not point source based. Moreover, the presence of EDB
in itself would not impede development on a parcel of land. In view of these facts, staff does not
currently recommend a further (phase II) environmental site assessment.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commission adopt a Resolution, accepting the
FDOT Surplus Property for the Public Purpose of a Future Public Roadway.
Attachments: Resolution; Location Map; Boundary &Topographic Survey date stamped received by the
City on May 19, 2005; Phase 1 Environmental Site Assessment date stamped received by
the City on April 5, 2005.
0:\Staff Reports\2005\SR05036_AF_Acceptance_of FDOT_Surplus_Property.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ACCEPTING APPROXIMATELY FOUR (4) ACRES OF
SURPLUS LAND FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR PUBLIC ROAD RIGHT-OF-WAY
AND DRAINAGE PURPOSES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Ocoee has petitioned the Florida Department of
Transportation ("FDOT") for approximately four (4) acres of land located on the north side of
West Colonial Drive between Blackwood Avenue and Clark Road, as more particularly described
in Exhibit "A" hereto and by this reference incorporated herein (the "Surplus Property"), for
public road right-of-way and drainage purposes; and
WHEREAS, FDOT has issued preliminary approval of such petition and has
requested the City Commission of the City of Ocoee to adopt this resolution accepting the Surplus
Property for public road right-of-way and drainage purposes; and
WHEREAS, the City Commission of the City of Ocoee desires to accept the
Surplus Property from FDOT for public road right-of-way and drainage purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee
has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the
State of Florida and Chapter 166, Florida Statutes.
SECTION 2. Acceptance of Surplus Property. The City Commission
of the City of Ocoee hereby accepts the Surplus Property from FDOT for public road right-of-
way and drainage purposes.
SECTION 3. Unanimous Approval. This Resolution was unanimously
approved by the City Commission of the City of Ocoee.
SECTION 4. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Resolution 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 5. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 2005.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM
NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this_day of , 2005.
FOLEY &LARDNER LLP
-2-
By:
City Attorney
-3-
EXHIBIT"A"
(the "Surplus Property")
Parcel 1 (also known as Borrow Pit No. 2) as shown on the Final Judgment entered in the
Order of Take Ledger, Law No. 37747 dated 01/25/1960, also shown on State Road
Department Right-of-Way Map, Section No. 75050-2501 dated 05/01/1959.
A parcel of land in the Southwest % of the Southwest Va of Section 21, Township 22 South,
Range 28 East;
Described as follows:
Commence at the Southwest corner of said Section 21, and run thence North 00°33' West,
353.57 feet for a POINT OF BEGINNING; from said point of beginning continue North
00°33' West, 300 feet; thence North 89°27' East, 170 feet; thence South 23°59' East, 326.9
feet; thence South 89°27' West, 300 feet to the POINT OF BEGINNING, containing 1.622
acres, more or less.
Also, Haul Road for Borrow Pit No. 2
The West 50 feet of the North 285 feet of the south 353.57 feet of the Southwest % of the
Southwest 1/a of the Southwest 14 of said Section 21, containing 0.328 acres, more or less.
Parcel 2 (a portion of Borrow Pit No. 1) per Deed Book 736, Page 271.
That portion of the Northwest 1/a of the Southwest % of the Southwest % of Section 21,
Township 22 South, Range 28 East, described as beginning at the Southwest corner of said
Northwest % of the Southwest % of the Southwest 3 of the Southwest 194.63 feet; thence
North 05°08'27" East 93.49 feet; thence North 05°08'27" East 93.49 feet; thence North
00°33'33" West 100 feet; thence North 31°56'33" West 117.14 feet; thence South 89°26'27"
West 60 feet; thence South 00°33'33" East 500 feet; thence South 05°08'27" East 90.53 feet
to the POINT OF BEGINNING;
containing 2.06 acres, more or less. •
-4-
FDOT Surplus Property
Location Map
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(SR 50) W COLONIAL DR
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Lim Information
I UUToBuild On
Engineering • Consulting • Testing
I
PHASE
ENVIRONMENTAL SITE ASSESSMENT
For the
I
APPROXIMATELY 4.0 ACRES
9969 WEST COLONIAL DRIVE
OCOEE, FLORIDA 34761
Prepared for
CITY OF OCOEE / J
COMMUNITY DEVELOPMENT DEPARTMENT r "�
301 MAGUIRE ROAD Steven M. Dier
IProject Scientist
Prepared by
Professional Service Industries, Inc. Jeffery P. Towns nd, CFEA, REPA
1783 33rd Street Environmental Professional
Orlando, Florida 32839
Telephone (407) 304-5560
PSI PROJECT NO. 663-5E039 Vicki B. Lewis, CFEA, REPA
April 4, 2005 Principal Consultant
f i APR S 2005
999 �
CITY OF OCOEE __J
0
I
1. EXECUTIVE SUMMARY
liProfessional Service Industries, Inc. (PSI) has completed a Phase I Environmental Site
Assessment (ESA) of the subject property, approximately 4.0 acres of land, located at
11 9969 West Colonial Drive (State Road 50) in Ocoee, Orange County, Florida 34761. The
assessment was performed in general accordance with the scope and limitations of the
American Society for Testing and Materials (ASTM) Standard E 1527-00, to comply with
111 the contract between PSI and the City of Ocoee dated March 15, 2005. Any exceptions to
or deletions from the ASTM E 1527-00 standard of practice are described in Section 2.4 of
this report.
IN
In connection with the Phase I ESA, assessment of other environmental issues to evaluate
business environmental risks that are beyond the scope of the ASTM E 1527-00 standard
IIof practice was not conducted pursuant to the authorized scope of services.
The subject property consisted of approximately 4.0 acres of densely vegetated land with
-11
steep terrain that was historically a Florida Department of Transportation (FDOT) borrow
pit, used for the development of Colonial Drive. No landfill activities existed at the subject
III property as determined through interviews and PSI's site reconnaissance. From circa
1939 to 1947, the property was undeveloped land. The property was developed as a
borrow pit from circa 1958 to 1978. From 1981 to present, the borrow pit has been
lin
ME allowed to revegetate.
The vicinity of the property can be described as mixed use. Current usage of adjoining
Ili
property includes undeveloped land to the north; undeveloped land and a residence to the
east; Colonial Drive, followed by the Health Central Medical Center, to the south; and
undeveloped land, a multi-tenant medical office building, and vacant land to the west.
II 1.1 PHASE I ESA
In accordance with ASTM Standard E 1527-00, this Phase I Environmental Site
il Assessment included reconnaissance of the subject and adjoining properties, interviews,
and review of historical records and regulatory databases in an effort to identify evidence
of recognized environmental conditions that may impact the property. This assessment
iii has revealed no evidence of recognized environmental conditions in connection with the
property, except for the following.
IIION-SITE
RECOGNIZED ENVIRONMENTAL CONDITIONS
iiii
114
• Based upon information provided to PSI by the Florida Department of Environmental
Protection (FDEP), the subject property is located within an ethylene dibromide (EDB)
delineation zone. The FDEP has indicated to PSI that an EDB delineated zone
111 indicates that water samples have been collected and analyzed from a potable-water
supply well or production well within the zone, and EDB was detected above the
Maximum Contaminant Levels (MCLs) for State Primary and Secondary Drinking
II
1 City of Ocoee
Approximately 4.0 acres
=ii Ocoee,Orange County,Florida
PSI Project Number 663-5E039
Water Standards. Given that the subject property has been identified to be located
within an EDB delineated zone, evidence of a recognized environmental condition in
connection with the subject property has been identified at this time.
HISTORICAL RECOGNIZED ENVIRONMENTAL CONDITIONS
• None were identified at this time.
OFF-SITE
RECOGNIZED ENVIRONMENTAL CONDITIONS
• The adjoining south and west properties were historically developed as citrus groves
from at least 1939 to 2004. While no surficial evidence of misuse, misapplication or
residual materials from pesticides, herbicides or fertilizers were observed on the
adjoining properties during the site reconnaissance, in certain instances, the
chemicals historically applied to the adjoining properties could be persistent and not
biodegrade, As with any agriculturally developed land, there exists the possibility
that pesticides, herbicides, or fertilizers have been applied which may have impacted
the subject property. Based upon information provided to PSI by the FDEP, the
adjoining properties are located within an EDB delineation zone. Given that the
adjoining properties have been identified to be located within an EDB delineated zone,
evidence of a recognized environmental condition in connection with the subject
property has been identified at this time.
HISTORICAL RECOGNIZED ENVIRONMENTAL CONDITIONS
• None were identified at this time.
1.2 RECOMMENDATIONS
Based on investigation of the property for evidence of recognized environmental
conditions, PSI offers the following recommendations.
• If the groundwater beneath the subject property is planned to be utilized for human
consumption or irrigation purposes, the client may wish to conduct sampling and
analysis to determine if EDB is present in the groundwater beneath the subject
property.
This summary does not contain all the information that is found in the full report. Thereport should be read in its entirety to obtain a more complete understanding of the
information provided, and to aid in any decisions made or actions taken based on this
information.
2 City of Ocoee
Approximately 4.0 acres
¢- �® Ocoee,Orange County,Florida
PSI Project Number 663-5E039