Loading...
HomeMy WebLinkAboutOrd. 91-21 ORDINANCE NO. 91- 21 . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO ABANDONMENT AND VACATION OF STREETS AND EASEMENTS; ENACTING A NEW CHAPTER 23A OF THE CODE OF ORDINANCES; PROVIDING FOR PURPOSES AND METHODS; PROVIDING FOR THE AUTHORITY OF THE CITY COMMISSION TO ACT BY RESOLUTION; PROVIDING FOR APPLICATION FORM; PROVIDING FOR APPLICATION FEE; DESIGNATING THE PLANNING DEPARTMENT TO RECEIVE APPLICATIONS; PROVIDING PROCEDURES ON PROCESSING APPLI- CATIONS; PROVIDING FOR PUBLIC HEARINGS BEFORE THE PLANNING AND ZONING COMMISSION; PROVIDING FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN; PROVIDING FOR ACTION BY THE CITY COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the state of Florida and Chapter 166, Florida statutes. SECTION 2. A new Chapter 23A of the Code of Ordinances of the City of Ocoee, Florida, is hereby created and reads as follows: CHAPTER 23A ABANDONMENT AND VACATION OF STREETS AND EASEMENTS Sec. 23A-1. Short Title. This chapter shall be known and may be cited as "The Ocoee street and Easement Abandonment and Vacation Chapter." Sec. 23A-2. Purposes and methods. The purposes of this chapter are to establish a uniform pro- cedure for the application to the city for the vacation and aban- donment of city streets, alleys, roads, highways, special purpose easements and other non fee interests of the city; to designate the departments of the city which shall be responsible for the processing of such applications; and to provide the methods and procedures for processing said applications. ~ Sec. 23A-3. Authority. Pursuant to and in accordance with the prov1s1ons of this Chapter, the City Commission, with respect to property under the control of the City, may in their own discretion and upon receipt of an application from any person or persons adopt a resolution to: (a) Vacate, abandon, discontinue and close any existing public or private street, alley, road, highway, or other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the city and the public in and to any land in connection therewith; (b) Renounce and disclaim any right of the city and the public in and to any land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for street, alley, road or highway purposes, other than lands acquired for state and federal highway; . (c) Renounce and disclaim any right of the city and the public in and to land, other than land constituting, or acquired for, a state or federal highway, delineated on any recorded map or plat as a street, alley, road or highway; and (d) Vacate, abandon, and discontinue any special purpose easements, such as utility easements, or other nonfee interests of the city, or any portion thereof, and renounce and disclaim any right of the city and the public therein, whether acquired by purchase, gift, devise, dedication or prescription. Sec. 23A-4. Application form. All applications for the exercise by the city of the authority set forth in Sec. 23A-3 hereof shall be made in writing upon application forms which shall be furnished by the city and which shall require the following information: (a) The name and address of the applicant. (b) A general description of the property which the appli- cant seeks to have abandoned and vacated and the loca- tion of same, including a legal description by metes and bounds, which description shall be accompanied by a plat, map, or drawing which also shows the general area involved and the location of the specific property interest to be abandoned and vacated. (c) Whether title or interest of the city and the public in and to the property sought to be abandoned and vacated was acquired by deed, dedication or prescription, and if recorded in the public records, the book and page number thereof. (d) The reason for the request of abandonment and vacation. . (e) The names and addresses of all the owners of property within 300 feet in all directions from the centerline of the street, alley, road, highway, special purpose easement, or other nonfee interest, or portion thereof which the applicant seeks to have abandoned and vacated and the names and addresses of the owners of real property bounding and abutting the property which the applicant seeks to have abandoned and vacated. (f) The applicant shall certify that the property sought to be abandoned and vacated was not acquired or dedicated for state or federal highway purposes and that the abandonment and vacation will not adversely affect other property owners or unreasonably limit access to their property. (g) Letters from each and every public utility company that may be involved or concerned with the abandonment and vacation indicating that they either approve of or have no objection to the requested abandonment and vacation. All such letters shall be on forms provided by the City or otherwise acceptable to the City and shall include -2- the legal description of the property sought to be abandoned and vacated. (h) Such other relevant information as the city may require. The application shall be signed by the party or parties requesting same who shall verify under oath that the information contained therein is true and correct. Sec. 23A-S. Application fee. . All applications set forth in Sec. 23A-4 above shall be accompanied by an application fee in the amount established from time to time by the City Commission. Sec. 23A-6. Planning Department designated to receive applications. Applications for abandonment and vacation shall be made in duplicate and be directed, together with the application fees therefor, to the Planning Department and directed to the attention of the director thereof. Sec. 23A-7. Procedures on Processing applications. Upon receipt of the application and fee, the Planning Department shall review same for completeness and for compliance with the requirements of this chapter. The Planning Department may reject the application if a similar application has been considered at any time within six (6) months of the date the application is submitted. Upon the application being properly submitted, it shall be accepted for filing with the Planning Department, which shall give a receipt to the applicant for the fee paid. As soon as practicable thereafter, the Planning Department shall proceed as follows: (1) Verify that the application contains letters from each and every public utility company that may be involved or concerned with the abandonment and vacation, such letters to be in compliance with the requirements of Sec. 23A-4(g). In the event such required utility letters are not included with the application, then the Planning Department shall notify the applicant of such deficiency and shall take no further action on the application until such deficiency is cured. (2) Advise the City Engineer of the application made by forwarding the duplicate copy thereof to his attention and requesting his review thereof and recommendations of approval or disapproval thereon. . (3) Subject to the provisions of Sections 23A-7(l), 23A-8 and 23A-9 hereof, set a date for public hearing thereon to be held by the City Commission, such public hearing to be held no later than sixty (60) days from the date of acceptance of the application by the Planning Department. (4) At least ten (10) days in advance of the public hearing to be held on said application by the City commission: (i) Provide notice of the public hearing before the city Commission by regular mail to the owners of real property bounding and abutting the street, alley, road, highway, special purpose easement, or other nonfee -3- . interest, or portion thereof affected, and all the owners of property within 300 feet in all directions from the centerline of the street, alley, road, highway, special purpose easemment, or other nonfee interest, or portion thereof affected. The owner of property shall be deemed to be the person shown on the current tax assessment roll as being the owner and such notice shall be sent to the address given on such assessment roll for that person. It shall not be necessary to send such notice by mail to any owner of property who has signed the application for abandonment and vacation as a requesting party. (ii) Notify the general public by publishing notice, one time, in a newspaper of general circulation in the city of the public hearing to be held on said application by the city Commission. (iii) Further notify the general public by posting a sign upon the street, alley, road, highway, special purpose easement, or other nonfee interest, or portion thereof affected, setting forth notice of the proposed abandonment and vacation and of the date of the public hearing to be held on said application by the City commission. (5) Examine, analyze and review the application for abandonment and vacation and report its recommendations or status on the application for abandonment and vacation to the City Com- mission, such report to specifically include the recommendations of approval or disapproval of those public utility companies and property owners contacted, and of the City Engineer. The report shall also consider the public right and interest in the street, alley, road or highway subject to the application for aban- donment and vacation from the standpoint of the benefit of the community as a whole, and shall make appropriate recommendations regarding any rearrangement of streets and rights-of-way which are involved therein in order to secure a more regular and harmonious system for traffic circulation. Sec. 23A-8. Public Hearing Before Planning and Zoning Commissions. . In the event application received pursuant to this Chapter is for the abandonment and vacation of an arterial or collector street, or any portion thereof, then the Planning Department shall set a public hearing thereon before the Planning and Zoning Commission, such public hearing to be held no later than sixty (60) days from the date of acceptance of the application by the Planning Department. The Planning and Zoning commission shall report its recommendations on the application to the City Commis- sion following such hearing and the City Commission shall there- after hold a public hearing on the application on a date set by the Planning Department which will be no later than thirty (30) days following the date of the public hearing before the Planning and Zoning Commission. The provisions of Section 23A-7(4) shall be applicable to any public hearings hereunder before the Planning and Zoning Commission; provided, however that the required notices -4- shall be consolidated so as to include the dates of the hearings before both the Planning and Zoning commission and the city Com- mission. Sec. 23A-9. consistency with Comprehensive Plan. . In the event that the Planning Director determines that the action requested by any application filed pursuant to this Chapter is inconsistent with the city's comprehensive plan or requires an amendment to the City's comprehensive plan, then the Planning Director shall require that the applicant submit an application to amend the City's comprehensive plan and no further action shall be taken on such application filed pursuant to this Chapter until the city's comprehensive plan has been duly amended so that the proposed action is consistent with such plan, as amended. Sec. 23A-10. Action by City Commission. The city commission shall consider the aforesaid reports and recommendations, as hereinbefore provided for and shall, after public hearing and due consideration, either accept, modify or deny the recommendation in accordance with the best interests of the public welfare. The City commission may deny the petition by a motion. Any other action of the City commission shall be evi- denced by a resolution duly adopted and entered upon the minutes of the commission meeting. A certified copy or the original of any such resolution shall be recorded by the city clerk in the public records of Orange County. SECTION 3. 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 4. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 3~ day of S'=-Prl:-f1.\rJ,E-12.. , 1991. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA . (SEAL) ADVERTISED All~r1'1t" 71 , 1991 READ FIRST TIM August 20 1991 READ SECOND TIME AND ADOPTED St-PTl:::-1h 13H:....:5 , 199 1 -5- . . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPRO~~ AS TO F~~LEGALITY this i.3.. day of J , 1991. FOLEY & n.. I. DNAR'2 By: \Yu ~ City Attorney FLOPPY/MH4758H(ll) 01(08/14/91) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ~pTf:rn 14 rll. ~ , 199 1 UNDER AGENDA ITEM NO. J6tl. -6-