CITY COUNCIL AGENDA ITEM
Memo Date: May 8, 2024
Agenda Date: May 14, 2024
Prepared By: Anthony Garganese, City Attorney
Through: John A. Walsh, P.E., Utilities Director
Stockton Whitten, City Manager
Requested Action:
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Approve Annexation Agreement with the City of Orlando related to Well Sites and water transmission line easements and facilities owned or granted to the City of Cocoa which are located within the proposed and future jurisdictional limits of the City of Orlando.
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BACKGROUND:
The City of Orlando is currently seeking to annex property where the City maintains potable water wells and related transmission line easements and facilities. On April 9, 2024, the City Council approved a Petition for Annexation and related consent forms for voluntary annexation into the City of Orlando for ten parcels of land owned by the City of Cocoa in Orange County that are located within the proposed annexation area. The annexation area is generally located south of State Road 528 at the Sunbridge Parkway exchange. Council reserved the right to rescind the Petition and consent if an acceptable annexation agreement with the City of Orlando was not reached before the City of Orlando took final action on the annexation ordinance at second reading.
The City Attorney, Utilities Director and City Manager negotiated the proposed Agreement with City of Orlando Staff. The Agreement has been accepted by Orlando staff and is being presented to the Orlando City Council for final approval at second reading on May 13, 2024. The Agreement provides substantial protections to the City’s well sites and water transmission easements not only within the annexation area, but any future City of Orlando annexation areas where Cocoa’s well sites and transmission lines are located. Generally, the Agreement provides:
1. No fees imposed on Cocoa related to annexation.
2. Cocoa well site protections including 1,000 foot radius from center point of well head. First, 500 feet is a zone of preclusion where certain regulated uses are prohibited. Within the secondary zone (outer 500 feet), Orlando will restrict new uses that are a potential source of groundwater contamination.
3. Additionally, in its regulatory capacity, Orlando will adopt a comprehensive plan amendment to incorporate the proposed Cocoa well site and facility protections into its comprehensive plan as an area specific land use policy within the annexation area and any other future annexation areas where Cocoa’s well sites are located. The additional protection include, to the extent Orlando has jurisdiction and except as may be required for Cocoa’s Well Sites and Facilities or as authorized by the terms of an Easement or an encroachment agreement to which Cocoa is a party, prohibit and not issue any permit for any of the following activities within an Easement or within a one hundred (100) foot radius surrounding the outer boundary of a Well Site: the placement of any buildings, improvements, structures or other obstructions or obstacles, excluding utilities-related and roadway and other access improvements (such as paving, drainage and utilities, which are permitted within such area subject to paragraph 3.6 of the agreement); (b) the dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly, unsanitary or offensive materials, including, without limitation, materials deemed to be “Sanitary Hazards” by the Florida Department of Environmental Protection, as defined in Rule 62- 550.200, F.A.C., as amended; (c) the excavation, dredging, or removal of trees, shrubs, or other vegetation, gravel, soil, rock, or other above-ground or below-ground materials, excluding any such activities as may be reasonably necessary for the construction of utilities-related and roadway and other access improvements and excluding activities as may be necessary to comply with applicable conservation area requirements (such as removal of exotic species from wetlands); or (d) the placement of chemical (including petroleum) storage, handling, or production facilities.
4. Orlando will provide Cocoa with copies of all applications for comprehensive plan amendments, rezonings, plats and site plans that are submitted within the Annexation Area or future Orlando annexation areas that affect property located within one thousand (1,000) feet surrounding the outer boundaries of any Well Site within 30 days of the filling of such application so that Cocoa will have a reasonable opportunity to review and submit comments on said applications. Cocoa shall have the right to submit comments to Orlando in writing, or at any public hearing, regarding the proposed applications, and said comments, if submitted by Cocoa prior to such decision being made, will be considered by Orlando before a decision is made on the application.
5. During the development review process, Orlando will, in its regulatory capacity, notify developers of parcels adjoining any Well Site of the requirement to comply with the requirements stated in this Agreement, Florida Administrative Code rules, such as Ch. 62-521, as well as EPA and Water Management District rules, that apply to groundwater protection.
6. Orlando agrees to waive comprehensive plan amendment, rezoning, building permit, and site plan application fees related to any activity proposed to be conducted by Cocoa within any Well Site or Easement after the date of full execution of this Agreement.
7. Cocoa and Orlando desire to ensure that Cocoa has continued access to the Well Sites and Facilities. Orlando agrees, that in its regulatory capacity, it will require developers of projects within the Annexation Area, to either (i) not impair Cocoa’s existing access to the Well Sites and Facilities or (ii) provide comparable access to the Well Sites and Facilities which is deemed reasonably acceptable to Cocoa.
8. In processing applications for permits for the construction of new underground utilities within an Easement or within the portion of Wewahootee Road located within the Annexation Area or future Orlando annexation area, Orlando will, in its regulatory capacity, ensure that such utilities comply with reasonable engineering standards as to separation requirements and related standards that are designed to ensure the continued safe and efficient operation of any Facilities or other existing utilities that are known by Orlando to be located within such area. As-built surveys will be exchanged by Cocoa and Orlando to implement this requirement. And, appropriate safeguards shall not be unreasonably conditioned, delayed or withheld by Orlando when necessary to protect Cocoa’s facilities.
Staff recommends approval of the Annexation Agreement.
STRATEGIC PLAN CONNECTION:
Protecting the City of Cocoa’s potable water supply and facilities for the purpose of providing reliable water service to Cocoa water customers.
BUDGETARY IMPACT:
When Cocoa utility work is required at the Well Sites and Easement area located within the proposed Annexation Area and future annexation areas, Orlando has agreed to waive permit fees. As a result, there will be a reduction in permit fees incurred by Cocoa for future work performed in the City of Orlando. By comparison, Cocoa is required to pay permit fees when permitted work is performed in unincorporated Orange County. However, the amount of future fee waivers cannot be quantified at this time because it is dependent on future permitted work.
PREVIOUS ACTION:
On April 9, 2024, the City Council authorized the Annexation Petition and Consent Forms.
On April 23, 2024, the City Council extended the time to complete the annexation agreement to no later than second reading of the annexation ordinance by the City of Orlando.
RECOMMENDED MOTION:
Recommendation
Approve Annexation Agreement with the City of Orlando related to Well Sites and water transmission line easements and facilities owned or granted to the City of Cocoa which are located within the proposed and future jurisdictional limits of the City of Orlando.