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HomeMy WebLinkAboutVI(D) Kissimmee Avenue Right-of Way Vacation - M.I. Ranchito Agenda 12-16-2003 Ma or be Center of Good Liv Item VI D y `Zg Commissioners S. Scott Vandergrift "'"+ Danny Howell, District 1 akScott Anderson, District 2 City Manager r Rusty Johnson, District 3 Jim Gleason = Nancy J.Parker, District 4 STAFF REPORT To: The Honorable Mayor& City Commissioners From: Terry L. James, AICP J Principal Planner Through: Russ Wagner, AICP Community Development Director Date: December 8, 2003 Subject: M.I. Ranchito-- Kissimmee Avenue Right-of-Way Vacation VAC-03-002 ISSUE: Should the Mayor and City Commissioners adopt Resolution # 2003-25 abandoning and vacating the public road right-of-way for Kissimmee Avenue from 10 feet south of Silver Star Road to the northern right-of-way line of Lee Street? BACKGROUND: The proposed M.I. Ranchito/Munguia, Inc. shopping center is located on the south side of West Silver Star Road between Taylor Street and Kissimmee Avenue within the designated Downtown Redevelopment Area. (See attached Location Map). The small shopping center will include the 16,000 square foot MI Ranchito Market at located in the eastern portion of the parcel (Phase I)and an additional 8,000 square feet building located west of the market in Phase II. The applicant has requested the City vacate the Kissimmee Avenue right-of-way south or the right-of-way line of West Silver Star Road to the north right-of-way line of Lee Street. (See attached letter form John B. Webb &Associates). DISCUSSION: Kissimmee Avenue is a local urban roadway. This particular section connects Silver Star Road with Lee Street and continues south to where the roadway ends at the CSX railroad tracks and Franklin Street. Kissimmed Avenue is characterized by irregular and substandard pavement with a right-of-way width of 60 feet. Vacation of this portion of the Kissimmee Avenue right-of- way will not adversely affect access to the residential property located on the south side of Lee Street since property owners can enter on Taylor Street to the west. City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761 phone:(407)905-3100•fax:(407)656-8504•www.ci.ocoee.fl.us The Honorable Mayor&City Commissioners December 8,2003 Page 2 of 2 The right-of-way vacation application procedure requires the applicant to notify the affected utility companies allow them to file their concerns and objections. Progress Energy expressed concern that, (the) "vacation and abandonment 'is contingent' upon the reservation of Utility Rights being reserved over the South 25 (foot) portion being vacated." This requirement should not affect the right-of-way vacation since the extreme southeastern portion of the property is within the landscaped area surrounding the retention pond at the rear of the property. Section 3 of this Resolution specifically addresses Progress Energy's concerns by allowing for a utility easement in the southern 25 feet of the proposed roadway vacation/abandonment. The Mayor and City Commissioners addressed code standard waivers for M.I. Ranchito project on November 18, 2003. During these discussions, the City Commission reaffirmed the need for a left turn lane into the project for the westbound traffic on West Silver Star Road. The developer's representative indicated to the Commission that he would provide the left turn lane as a part of the development of this property. This required left turn lane necessitated an additional 10 feet of right-of-way to be dedicated on Silver Star Road. As a result, 10 feet of the Kissimmee Avenue right-of-way should be held out of the vacation to accommodate the left turn lane. RECOMMENDATION: Staff recommends the Mayor and City Commissioners approve Resolution # 2003-25 abandoning and vacating the public right-of-way for Kissimmee Avenue from 10 feet south of the right-of-way Silver Star Road to the northern right-of-way line of Lee Street. Attachments: Location Map John B. Webb&Associates letter dated November 25, 2003 Resolution No. 2003-25 O:\Staff Reports\2003\SR03127 CC.doc Nov 25 03 03: 43p JBtd&R -rue-bee-uucD 101111 g Wlebb : _s_spefattes li life, 1 consulting Slip-peers 925 S. DENNIN i DRIVE,WINTER PARK, FLORIDA 32789 November 25, 2003 Ms Carolyn Alexander, Development Review Coordinator Telephone: 407-905-3 100 City of Ocoee Planning Department Facsimile: 407-656-8504 150 N. Lakeshore Drive Ocoee, Florida 34761-2258 Subject: Ncw Mi Ranchito Market Kissimmee Avenue Right-of-Way Vacation Public ncnring Project No.: M26-01 Dear Ms. Alexander: This is to confirm that before a public hearing is held for the vacation of the Kissimmee Avenue Right-of-Way that Mi Ranchito Market must agree to deed 10 feet along the front of their property to the City of Ocoee. Mi Ranchito agrees to escrow said deed with their title company on or before the December 16,2003 City Commission meeting and public hearing. Upon the vacation of the Kissimmee Avenue Right-of- Way and obtaining site plan approval from the City of Ocoee, Mi Ranchito Market shall record said deed prior to plat recording. Should there be any questions, do not hesitate to contact our office. Sincerely, JOHN B.WEBB & ASSOCIATES, INC. \rtt n B. ebb, Ill, P.E. Sem roject Manager enclosures cc: Mr. Leonel Munguia/M.I. Ranchito Market/via Facsimile: 407-654-9616 Mr. Harris N. Dvores/Via Facsimile: 407-365-5066 Mr. Tim Gleason, City Manager, City of Ocoee via Facsimile: 407-656-6885 E-MAIL:WEBBENGR©AOL.COM • PHONE(407)622-9322 • FAX:(407)622-9325 Kissimmee Avenue Right-of-Way Vacation Location Map L SUNSET EY 0 SANDY KEY 1 m -A FT, m- z v SILVER STAR m m LEE FRANKLIN FRANKLIN C) 0 0 m z >, v THIS INSTRUMENT PREPARED BY: Scott A. Cookson, Esq. FOLEY &LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 AFTER RECORDING RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905-3100 For Recording Purposes Only RESOLUTION NO. 2003- 25 (Vacation of Right of Way Resolution for Kissimmee Avenue) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF KISSI MEE AVENUE, A SIXTY (60) FOOT WIDE PUBLIC RIGHT OF WAY, LYING BETWEEN TEN (10) FEET SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF SILVER STAR ROAD (S.R. 438) AND THE NORTHERLY RIGHT OF WAY LINE OF LEE STREET SAID RIGHT OF WAY LYING AND BEING IN SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; PROVIDING FOR THE RESERVATION OF A PUBLIC UTILITY EASEMENT PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate that portion of Kissimmee Avenue, a sixty (60) foot wide public right of way, lying between ten (10) feet south of the southerly right of way line of Silver Star Road (S.R. 438) and the northerly right of way line of Lee Street, said right of way lying and being in Section 18, Township 22 South, Range 28 East, Orange County, Florida, a legal description of such right of 006.317311.3 way to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof(the "Roadway"); and WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility easement over, under and/or upon the southern 25' of the Roadway in connection with existing or future utility facilities as well as the right of ingress and egress in, over, under and/or upon the southern 25' of the Roadway for the purpose of maintaining said utilities and any other utilities which may now or hereafter be located in, over, under and/or upon the Roadway; and - WHEREAS, the applicant has complied with the provisions of Section 153-10 of the Code of the City of Ocoee regarding the provision of certain information in connection with the application; and WHEREAS, pursuant to Section 153-13(D)(1) of the Code of the City of Ocoee, a Notice of Public Hearing before the City Commission was provided by regular mail to owners of real property abutting the Roadway and all owners of the property within three hundred (300) feet in all directions of the Roadway; and WHEREAS, pursuant to Section 153-13(D)(2) of the Code of the City of Ocoee, a Notice of Public Hearing was published one (1) time in a newspaper of general circulation in the City of Ocoee; and WHEREAS, pursuant to Section 153-(D)(3) of the Code of the City of Ocoee, a sign setting forth notice of the public hearing before the City Commission was posted upon the Roadway; and -2- 006.317311.3 WHEREAS, the City Commission of the City of Ocoee finds that said application and supporting documents are in accordance with the requirements of Article II of Chapter 153 of the Code of the City of Ocoee and that the requested action is consistent with the City of Ocoee Comprehensive Plan. 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, and Article II of Chapter 153 of the Code of the City of Ocoee. SECTION 2. Abandonment and Vacation of the Roadway. Subject to the provision of Section 3 set forth below, the City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to the Roadway. SECTION 3. Reservation of Public Utility Easement. The City of Ocoee hereby reserves a public utility easement over, under and/or upon the southern 25' of the Roadway in connection with any existing or future utility extensions that may be located in the southern 25' of the Roadway and any other utilities which may now or hereafter be located in, over under and/or upon the southern 25' of the Roadway; provided, further, that the reserved utility easement shall also reserve unto the City and public utility companies, including their successors and assigns, the right of ingress and egress to and from the southern 25' of the Roadway for the purpose of maintaining said utilities and any other utilities which may now or hereafter be located in, over, under and/or upon the southern 25' of the Roadway. -3- 006.317311.3 SECTION 4. Recordation. A certified copy of this Resolution shall be filed with the Orange County Comptroller and duly recorded among the Public Records of Orange County, Florida. SECTION 5. 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 6. Effective Date. This Resolution shall become effective upon annexation of the Roadway into the corporate limits of the City of Ocoee, Florida and the recording of this Resolution among the Public Records of Orange County, Florida shall evidence such annexation. PASSED AND ADOPTED this day of , 2003. -4- 006.317311.3 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2003 READ FIRST TIME AND ADOPTED , 2003 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _day of , 2003. FOLEY & LARDNER By: City Attorney -5- 006.317311.3 EXHIBIT "A" (the "Roadway") A PORTION OF KISSIMMEE AVENUE LYING NORTH OF LEE STREET AND SOUTH OF SILVER STAR ROAD IN SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A FOUND 5/8" CAPPED IRON ROD LB#6615 MARKING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF SILVER STAR ROAD (80'R/W) AND THE WESTERLY RIGHT-OF-WAY KISSIMMEE AVENUE (60' R/W) AS IT EXIST TODAY; THENCE RUN N88°01'49"E ALONG THE SOUTHERLY RIGHT-OF- WAY OF SILVER STAR ROAD A DISTANCE OF 60.01' TO A FOUND 5/8" CAPPED IRON ROD MARKING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SILVER STAR ROAD AND THE EASTERLY RIGHT-OF-WAY LINE OF KISSIMMEE AVENUE AS IT EXIST TODAY; THENCE RUN S00°38'22"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 223.96 FEET TO THE CURVED WESTERLY RIGHT-OF-WAY LINE OF FLORIDA CENTRAL RAILROAD (60'R/W), SAID CURVE HAVING A RADIUS OF 1854.45 FEET (DELTA = 01°47'43", CHORD DISTANCE = 58.11 FEET, CHORD BEARING = S12°10'45"W) THENCE RUN ALONG THE ARC OF SAID CURVED RIGHT-OF-WAY LINE A DISTANCE OF 58.11 FEET TO THE EASTERLY EXTENSION OF THE NORTHERLY RIGHT-OF-WAY LINE OF LEE STREET (40'R/W); THENCE RUN S89°41'12"W ALONG SAID EASTERLY EXTENSION A DISTANCE OF 47.11 FEET TO A FOUND 5/8" CAPPED IRON ROD LB#6615 MARKING THE INTERSECTION OF SAID NORTHERLY RIGHT-OF-WAY LINE AND THE AFORESAID WESTERLY RIGHT-OF-WAY LINE OF KISSIMMEE AVENUE; THENCE RUN NO0°38'22"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 279.18 FEET TO THE POINT OF BEGINNING. LESS: THE NORTHERN TEN (10) FEET OF THE ABOVE DESCRIBED PROPERTY. -6- 006.317311.3