HomeMy WebLinkAboutItem #19 Resolution to Permanently Close Vehicular Access from Rich Drive to Hackney Prairie Road, Except for Emergency Vehicles Center of Good Lip,_
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AGENDA ITEM COVER SHEET
Meeting Date: December 6, 2011
Item# 19
Reviewed By:
Contact Name: Michael Rumer, Cit Department Director:
Planner P
Contact Number: Ext. 1018 City Manager: / //
Subject: Resolution to Permanently Close Vehicular Access From
Rich Drive to Hackney Prairie Road, Except For Emergency Vehicles
Commission District # 4 — Joel Keller
Background Summary:
The City Commission requested a survey of the homeowners in the Forest Oaks Subdivision and a public
hearing to consider the permanent closing of vehicular access from Rich Drive to Hackney Prairie Road, except
for access by police, fire, ambulance and emergency vehicles. Currently, Rich Drive terminates before Hackney
Prairie Road and is inaccessible due to the changes in elevation between Hackney Prairie Road and Rich
Drive, and an existing gate located at the end of Rich Drive.
The City mailed out 292 surveys to the homeowners in Forest Oaks asking them to make a selection between
permanently closing the vehicular access from Rich Drive to Hackney Prairie regardless of the proposed
Hackney Prairie Relief School and keeping the access opened if the proposed Hackney Prairie Relief School is
approved. Of the 106 completed surveys, 103 requested that Rich Drive be permanently closed and 3
requested it remain open. Eighteen surveys were returned by the post office as non - deliverable with no
forwarding address.
Rich Drive is a public road as dedicated on the plat for Forest Oaks Unit II, Phase II. Forest Oaks Subdivision
was approved with two access points with Rich Drive as the second access point. Rich Drive was not improved
up to the intersection of Hackney Prairie Road because Hackney Prairie Road was an unimproved dirt road.
Orange County required a gate to be installed to keep vehicles from accessing the unimproved Hackney Prairie
Road.
On May 17, 2011, the City entered into a tri -party agreement with the Orange County School Board (OOPS)
and Orange County for the construction of the Hackney Prairie Road Area Relief School Site. Section 8(C) of
this agreement requires the Orange County School Board to provide the following improvements to Rich Drive:
(a) extend rich Drive north to connect to Hackney Prairie Road, (b) extend the sidewalk located to the
west of Rich Drive to the southern edge of Hackney Prairie Road, (c) construct curbing and guttering to
the east and west of that portion of Rich Drive and (d) construct a pedestrian crosswalk from the
southern side of Hackney Prairie Road to the new sidewalk on the north side of Hackney Prairie Road.
The tri -party agreement further states, should the City not approve the entirety of the Rich Drive Improvements,
OCPS shall make those improvements called for in Section 8(C)(i)(b). After OCPS makes the required
improvements to Rich Drive, the City will be responsible for replacing the gate to provide for pedestrian access
while closing off vehicular access to Rich Drive.
Issue:
Should the Honorable Mayor and City Commissioners adopt a resolution permanently closing vehicular access
from Rich Drive to Hackney Prairie Road, except for access by police, fire, ambulance and emergency vehicles;
providing for the City to allow temporary vehicular access from Rich Drive to Hackney Prairie Road as
determined by the City Manager?
Recommendations:
Staff supports the resolution as stated since the resolution provides for pedestrian, police, fire,
ambulance and emergency vehicle access.
Attachments:
Copy of Plat Showing Dedication and Access
Permanent Access Closing Resolution
Financial Impact:
The City will be responsible for replacing the gate to provide pedestrian access and closing off vehicular access
to Rich Drive.
Type of Item: (please mark with an x')
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
X 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 ()
N/A
THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Orlando, FL 32801 -2386
(407) 423-7656
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk For Recording Purposes Only
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905 -3100
RESOLUTION NO.
(Road Closing Resolution for Rich Drive)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
PERMANENTLY CLOSING VEHICULAR ACCESS FROM RICH
DRIVE TO HACKNEY PRAIRIE ROAD, EXCEPT FOR ACCESS
BY POLICE, FIRE, AMBULANCE AND EMERGENCY
VEHICLES; PROVIDING FOR THE CITY TO ALLOW
TEMPORARY VEHICULAR ACCESS FROM RICH DRIVE TO
HACKNEY PRAIRIE ROAD AS DETERMINED BY THE CITY
MANAGER; PROVIDING FOR RECORDATION; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, subject to the terms and conditions set forth herein, the City Commission of
the City of Ocoee desires to permanently close vehicular access from and between Rich Drive
and Hackney Prairie Road (the "Road Closing "); and
WHEREAS, the Road Closing has been initiated by the Ocoee City Commission; and
WHEREAS, a Notice of Public Hearing of the proposed Road Closing was published
one (1) time in a newspaper of general circulation in the City of Ocoee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
A -1
4824 - 9793 - 0510.1
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. Road Closing. The City Commission of the City of Ocoee, Florida,
hereby permanently closes and prohibits vehicular access from and between Rich Drive and
Hackney Prairie Road, except for access by police, fire, ambulance and emergency vehicles;
provided, however, that the City may from time -to -time allow temporary vehicular access from
and between Rich Drive and Hackney Prairie Road in the event the City Manager deems such
temporary access to be in the best interest of the public. In connection with the foregoing Road
Closing, the City may erect such gates or other barriers as may be determined by the City
Manager, but the City shall not be obligated to do so. Appropriate signage may also be installed
by the City. The foregoing Road Closing is not intended to in any way prohibit or impeded
pedestrian from and between Rich Drive and Hackney Prairie Road.
SECTION 3. 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 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 upon passage
and adoption.
2
PASSED AND ADOPTED this day of December, 2011.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2011
READ FIRST TIME AND ADOPTED
December , 2011
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this — day of December, 2011.
FOLEY & LARDNER LLP
By:
City Attorney
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