CITY COUNCIL AGENDA ITEM
Memo Date: April 5, 2024
Agenda Date: April 9, 2024
Prepared By: Anthony Garganese, City Attorney
Through: Jack Walsh, Utilities Director
Requested Action:
title
Approval of Petition for Annexation and related consent forms and affidavit for the voluntary annexation into the City of Orlando of ten parcels of land owned by the City of Cocoa in Orange County and authorizing the City Manager to execute said documents. [Note: The approval is subject to reconsideration and rescission by the City Council under the condition stated in this Agenda Item and approval of the annexation agreement by the cities of Cocoa and Orlando.]
End
body
BACKGROUND:
The City of Cocoa is the owner of a number of parcels of land in Orange County related to the City of Cocoa’s regional water system. The parcels were acquired many years ago and contain wells that are connected to a water transmission line providing potable water supply to the City’s Dyal Water Treatment Plant also located within Orange County along SR 520.
Recently, the City of Cocoa was apprised by the City of Orlando of a proposed annexation encompassing a large area of land south of SR 528 and generally near the SR 417/SR 528 interchange. Ten of the City-owned parcels are within an area proposed for voluntary annexation into the City of Orlando pursuant to section 171.044, Florida Statutes. The ten parcels are as follows:
Parcel ID#
322406000000002 (0.84 acres)
322405000000001 (1.48 acres)
322406000000003 (0.84 acres)
322406000000004 (0.84 acres)
322418000000003 (4.65 acres)
322419000000001 (4.65 acres)
322419000000003 (4.65 acres)
322419000000002 (4.65 acres)
322418000000002 (4.65 acres)
322418000000001 (4.65 acres)
The overall area proposed for voluntary annexation is largely comprised of the Sunbridge planned development.
By consenting to the voluntary annexation, these ten City of Cocoa parcels will be annexed into the City of Orlando, subject to the conditions set forth below.
The City of Cocoa and the City of Orlando are currently negotiating an annexation agreement that will address various protections for the City of Cocoa’s wells, well-fields, transmission lines, and other utility equipment as development proceeds in the Sunbridge planned development. Therefore, pending the completion of the annexation agreement, the City of Orlando and City of Cocoa have agreed that the City of Cocoa’s petition and consent to annex the ten parcels owned by the City of Cocoa are revocable, and the City of Cocoa’s approval and submission of the Petition and Consent Forms is subject to the City Council’s reconsideration and rescission under the following conditions:
Approval of the petition and related consent documents is required for the City of Orlando to commence the voluntary annexation process, but the City of Cocoa may rescind its consent to annexation up until the proposed second reading of the City of Orlando’s annexation ordinance - currently planned for no earlier than May 13. If the City of Cocoa and the City of Orlando cannot come to satisfactory terms in an annexation agreement in time for the City of Cocoa’s April 23rd Council meeting, the City of Cocoa may rescind its consent to annexation into the City of Orlando. Further, if the City Council of Cocoa approves the annexation agreement at its April 23, 2024, the annexation agreement shall likewise be approved by the City of Orlando no later than second reading of the City of Orlando’s annexation ordinance or the City of Cocoa’s petition and consent to annex shall be deemed automatically withdrawn and rescinded prior to the final vote on second reading taken by the City Council of Orlando.
STRATEGIC PLAN CONNECTION:
Protection of City’s water supply.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
None
RECOMMENDED MOTION:
Recommendation
Approval of Petition for Annexation and related consent forms and affidavit for the voluntary annexation into the City of Orlando of ten parcels of land owned by the City of Cocoa in Orange County and authorizing the City Manager to execute said documents. [Note: The approval is subject to reconsideration by the City Council under the condition stated in this Agenda Item and approval of the annexation agreement by the cities of Cocoa and Orlando.]