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HomeMy WebLinkAboutItem V (B) Public Hearing - Resolution No. 94-04, vacating portions of Jackson Street and Geneva Street AGENDA 3-15-94 Item V B "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" C115 S.SCOTT VANDERGRIFT CITY OF OCOEE RUTOHN N 150 N.LAKESHORE DRIVE PAUL W.FOSTER t OCOEE FLORIDA 34761-2258 VERN COMBS (407)656 2322 JIM GLEASON alY MANAGER ELLIS SHAPIRO MFP-459 MEMORANDUM DATE: March 10 , 1994 TO: The Honorable Mayor and Board of City Commissioners FROM: Russ Wagner , Director of Planning !,' / SUBJ: Titan Properties Road Vacation Public Hearing After posting and advertising the required public hearing for the subject application, it was discovered that notices to property owners lying within 300 feet of the road vacation were not mailed out within the required 10 day advance notification period. Upon the advice of the City Attorney, another public hearing has been advertised for April 5, 1994 to permit mailing of notices within the required timeframe. Consequently, it is recommended that the public hearing scheduled for this commission meeting be opened to receive input from any interested parties , but that the hearing be continued to the next (April 5 , 1994) regular City Commission meeting at which time formal action may be taken on the application. RW/emk aL "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMSSIONER Ocoee s.SCOTT VANDERGRIFT ••Y • o COMMISSIONERSCITY OF OCOEE RUSTY JOHNSON D. 150 N.LAKESHORE DRIVE PAUL W.FOSTER v OCOEE FLORIDA 34761-2258 VERN COMBS 11 g:14 (4) `v (407)656-2322 JIM GLEASON l�4 Op GOOD � arnkomGER ELM SHAPIRO SRP-419 STAFF REPORT TO: The Honorable Mayor and Board of City Commissioners FROM: Julian Harper, Zoning Coordinator / THROUGH: Russell Wagner, Director of Plann ng . DATE: February 24, 1994 SUBJECT: Titan Properties Road Vacation Application, Portions of Jackson and Geneva Streets ISSUE Should the Honorable Mayor and City Commissioners approve the Titan Properties' application to vacate portions of Jackson and Geneva Streets (see site location map)? BACKGROUND/DISCUSSION Titan Properties has petitioned to vacate the depicted portions of Jackson and Geneva Streets situated between California and Chicago Avenues. Their plan is to incorporate the subject rights-of-way into the proposed "Shoal Creek Subdivision (see "Right-of-Way Status Map") . The subdivision development will replace these existing unimproved right-of-ways with improved replacement streets, presently denoted as streets "A" and "C" . Please note that a 210' piece of Geneva Street; depicted upon the "Site Location Map" as a diagonal stripe pattern, and located adjacent to "tax parcel 06201" , is within the City of Ocoee but is not included as part of the subject Vacation Application. The balance of the respective rights-of-way are not within the City. Also, please note that the north-half of 30' of Jackson Street that is situated adjacent to Harbour Highlands II Subdivision, will revert to the ownership of the property owners residing at 501-515 Bernadino Drive. The procedures specified in Section 153-10 of the City Code (Ordinance #91-21) have been complied with and the application and attachments are sufficient. The public hearing to consider the adoption of the "Resolution" has been duly advertised and property owners within 300' notified. All public utilities and staff persons have been notified and no adverse comment towards 4z, '4 Staff Report - Titan Properties Road Vacation Application February 24, 1994 Page 2 granting the applicant's vacation request has been received. The Director of Planning has determined that the proposed right-of-way application is not inconsistent with the City's Comprehensive Plan. RECOMMENDATION Staff recommends that the Honorable Mayor and Board of City Commissioners approve the attached Resolution granting Titan Properties application to vacate the stated portions of Jackson and Geneva Streets located between Chicago and California Avenues. JRH/djm \ / VHITE ql �j4.41 I '03.. 1... L,:b .t S I 1 90 .HO y 1040 04 T 40 a SITE LOCATION MAP ; 34 ', 1 s 4. - : 4. . . 122 v `0 n C �17 :7 41 'I. V`, 7I pd .r0?i . e1. 22 0 29 o o WATER WAY CT. • /21 o 5/3 /J g }' �> 50 a CQ �r h\Rt �i e' fl)bis o 23 28 a �nY 3 4 O a w ° 38 37- 36 c 17 —0 6/—so _ . 6-/ /v 0 o: 24 27 '2' 70 A8.74,' ON a TITAN PROPERTIESII a . N o Z 121 rt./ ¢ o n 2 a • I– — ° 39 \.. 40 •I N 42 w .Z G w. • 23 a 26 , b H y , cg • > W Q > 1r, 1o4 1e4 V711 30 \z1 6S So 14 0a 4 / 1 Q V 2 c `504 ori 4+ ijj Q " so, BERt3QDINO 2t or 09 OR. IF `g W 11 .7.1 de /o It ss /J 5 w M n w , r 49 48 ` 47 46 45 ` 44 0 43 ..-to «-;�� 0 7212 9e•, ,,,,/ n �` VAAA�o• ���. �. mot 7S'er Jd rte N �O\. �O rN'AIF Ar . vA,-ate c."rrs—A\\\Q \ ��:,� ell CC Lia o : f9 Z� Z1 a W "' Z CITY i3o_ LU 3 0I no 6/Sls \ct � 1 h CCD I (J.477:4 � ', i— •4; —--.-..._.. ..-._. ;� --.-==-= ORLANDO AVENUE y • —_ ---_ RESOLUTION NO. 94- 04 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ABANDONING AND VACATING CERTAIN PORTIONS OF JACKSON AND GENEVA STREETS LOCATED IN THE CITY OF OCOEE BETWEEN CHICAGO AND CALIFORNIA AVENUES MORE PARTICULARLY DESCRIBED AS LYING IN BLOCK 6, TOWN OF OCOEE, AS RECORDED IN PLAT BOOK "A", PAGES 100-101, INCLUSIVE, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate certain portions of Jackson and Geneva Streets located in the City of Ocoee between Chicago and California Avenues more particularly described as lying in Block 6, Town of Ocoee, as recorded in Plat Book "A", Pages 100-101, inclusive, of the Public Records of Orange County, Florida, a legal description of such streets to be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (the "Streets") in order to allow for the development of a residential subdivision commonly known as "Shoal Creek, " adjacent to the Streets; and WHEREAS, Titan Properties, Inc. (the "Applicant") represents the owners of certain real property abutting portions of Jackson and Geneva Streets in connection with the development of Shoal Creek; and WHEREAS, Note 2 of the Preliminary Subdivision Plan for Shoal Creek as approved by the City Commission on November 16, 1993- requires the vacation of Jackson and Geneva Streets from California to Chicago Avenues prior to Final Subdivision Plan submittal to the City Commission; and WHEREAS, pursuant to Article II of Chapter 153 of the Code of the City of Ocoee, an application has been filed by the Applicant to abandon and vacate the Streets; and WHEREAS, the Applicant has complied with the provisions of Section 153-10 regarding the provision of certain information in connection with the application; and WHEREAS, the Streets are located within the corporate limits of the City of Ocoee; and WHEREAS, pursuant to Section 153-13 (D) (1) of the Code of the City of Ocoee notice of the public hearing before the City Commission was provided by regular mail to owners of real property abutting the Streets and all owners of property within three hundred (300) feet in all directions of the Streets; and WHEREAS, pursuant to Section 153-13 (D) (2) of the Code of the City of Ocoee a Notice of Public Hearings was published one (1) time in a newspaper of general circulation in the City of Ocoee; and WHEREAS, pursuant to Section 153-13 (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 Streets; and 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; 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. 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, Chapter 166, Florida Statutes, and Article II of Chapter 153 of the Code of the City of Ocoee. SECTION TWO. Abandonment and Vacation of the Streets. The City Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in and to those portions of Jackson and Geneva Streets located in the City of Ocoee between Chicago and California Avenues more particularly described as lying in Block 6, Town of Ocoee, as recorded in Plat Book "A", Pages 100- 101, inclusive, of the Public Records of Orange County, Florida, a legal description of such streets to be abandoned and vacated being attached hereto as Exhibit "A" and by this reference made a part hereof (the "Streets") . SECTION THREE. 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 FOUR. 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. 3 SECTION FIVE. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1994. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED March 17 , 1994 READ FIRST TIME AND ADOPTED , 1994, UNDER AGENDA ITEM NO. . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1994. FOLEY & LARDNER By: City Attorney C:\WP31\DOCS\OCOE\RESOLSWZI3/1/94118Soo€I SWZ:dp 4 r __ EXHIBITSHEE7 /OF ! I " A " A portion of Geneva Street lying in Block 6, Town of Ocoee, as recorded in Plat Book NAN, Pages 100 - 101, Public Records of Orange County, Florida, more particularly described as follows: N BEGINNING at the Southwest corner of Lot 18, Block 6, Town of Ocoee, as recorded in Plat Book NAN, Pages 100 - 101, Public W Records of Orange County, Florida, run S88.51'4708, along the Northerly right-of-way line of Geneva Street, a distance of 728.86 feet; thence departing said Northerly right-of-way line, run 500.17'56"S, a distance of 60.02 feet to a point on the Southerly right-of-way line of said Geneva Street; thence N88.51'47"W, along said Southerly right-of-way line, a distance of 410.85 feet to the Northwest corner of Lot 24 of said Block 6; thence N00.19'41"W, a distance of 30.01 feet to a point A on the centerline of said Geneva Street; thence N88.51'47"4, N along said centerline, a distance at 317.96 feet; thence 1 V departing said centerline, run N00.21'09"W, a distance of 30.01 feet to the POINT OF BEGINNING. •Containing 0.78 acres sore or less. Block 6 Town of Ocoee Plat Book A. Pages /00-101 POINT OF '•' 1 ;BEG/NN/NG 0 W i I :Souvwestcrorm, Nar1AryirIgNsewoy line N ; 1 [a►�e % L /8OT r LOT 19 '8. sa8sr{rF TTetc•o- C.;ickl L t\, Gerwva e. "aasr4rw -W.A. GENEVA STREET q• Street L h�ti,k ,V8i55r4rW 41085' , - - 2 I a ! fteN sr a vror C.) ,,m, Censerllne.Gerew Skeet ij Lot 24 LOT 24 LOT 23 SaJnery ri iv- -roy line Block 6 Town of Ocoee Plat Book A. Pages 100-101 SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. 1 nI_P" CERT;FY THAT THIS SKETCH IS ! 1 I; '_ AwO CORRECT TO THE BEST OF MY bower- •.':...F. E.AND THAT THIS SKETCH HAS : FE'.:V 'P -PARED .'N ACCORDANCE WITH THE I i ABANDONMENT AO; 'M/N/MUM TECHNICAL STANDARDS singl A :U/RE .H BY CHAPTER Z/H -6 FAeton C. C L GENEVA STREET associates ___,<, i.. .,., •_. r'.4 y.....' /,..'.,.-.,::,,.:4,..../Z'�-4I" CONSULTING EMOMEERPN -,.AMO SURvErK 57O S.YaGNOLL AKNUC -OK MOO i1.ONw 32101 i .-,;.v.'OPA V.BAILEY P1S_NO. 4972 •d" ..OT/M3-5Q0 f 0 F 2 CCS2 6/23/93 PT A portion of Jackson Street lying in Block 6, Town of Ocoee, as SHEET /oF I recorded in Plat Book "A", Pages 100 - 101, Public Records EXHIBIT "A of. Orange County, Florida, more particularly described as follows: • 1 BEGINNING at the Southwest corner of Lot 15, Block 6, Town of Ocoee, as recorded in Plat Book "A", Pages 100 - 101, Public il Records of Orange County, Florida, run S89°26'09"E, along the Northerly right-of-way line of Jackson Street, a distance of N 635.56 feet to the Southeast corner of Lot 14 of said Block 6; thence departing said Northerly right-of-way line, run S00.16'53"E, a distance of 30.00 feet to a point on the centerline of said Jackson Street; thence N89.26'09"W, along said centerline a distance of 318.09 feet; thence departing said centerline, run 500.17'56"E, a distance of 30.00 feet to the Northeast corner of Lot 20 of said Block 6, said point being on the Southerly right-of-way line of said Jackson Street; thence N89.26'09"W, along said Southerly right-of-way line, a distance of 954.20 feet to the Northwest corner of Lot 18 V of said Block 6; thence departing said Southerly right-of-way line, run NOO°21'09"W, a distance of 60.01 feet to a point on the Northerly right-of-way line of said Jackson Street; thence S89°26'09"E, along said Northerly right-of-way line, a distance of 636.80 feet to the POINT OF BEGINNING. Containing 1.533 acres more or less. Block 6 Town of Ocoee Plat Book "A" Pages 100-101 LOT /5 [Or 14 PO/NT OF ' BEGINNING Sourtwest comer. Litl5 Northerly rlgr•/bfwvy Ilya Sautteast array. L....i - — .S'-°?25'09"F_ 4",..1.%.670 _tib JACKSON S7PEET _ 87, A. ,. N6926'09W J18.09' ? i-c i Norrume corner. 48926'09W 954217 �•1?. 1AZ Lot 18 Nprt.�aosY corner- Southerly rIgft-orwoy lino .��� w 20 s�drer�tslteef 1 ;'a LOT 18 LOT 19 LOT 20 1 ' LOT 1t 1 L ladI i • Block 6 Town of Ocoee Plat Book "A" Pages /00-101 SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY /,.--?£9Y CERTIFY THAT THIS SKETCH IS Th-7 .ND CORRECT To rHE BEST OF MY ' "i GE. AND 7-,-Mr 'T.HtS SKETCH HAS ' bowyer- BE , c"EPARED :N kbORDANCE WrrH THE : , ABANDONMENT ?D =D FAIN/A/U/4 ''-rEC:MN:CAL 'STANDARDS' A. `�EJu/REO.,3Y CHAFFER 21 tfH{ FAC. singleton & _.. ' `` - asJACKSON STREET -• .., fes',. INCORPORATED • City of Ocoee 5,4(,,e -'1, = , CONSUL ralC EiWMEEPIMG -IAM SUAVE"NC i 1 SANDRA V.BALE7 -1".1.-S.NO.4972 sxo.S r.War AVENUE-Oil uop;tones, 3260I CCS/ 6/23/93 PT 2 0 F 2 /Fe r- /c//zi93