CITY COUNCIL AGENDA ITEM
Memo Date: September 5, 2024
Agenda Date: September 10, 2024
Prepared By: Anthony Garganese, City Attorney
Through: Stockton Whitten, City Manager
Requested Action:
title
Approval of Petition for Annexation and related consent forms and affidavit for the voluntary annexation into the City of Orlando of twenty-three (23) 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.
Several months ago the City Council approved participation in a voluntary annexation by the City of Orlando of an area largely comprised of the Sunbridge planned development. At that time, ten (10) parcels of land owned by the City of Cocoa were included in the annexation.
Recently, the City of Cocoa was approached by Farmland Reserve, Inc. (Deseret Ranch) about participating in an additional voluntary annexation by the City of Orlando of a large area lying east of the previous annexation. The area is predominantly owned by Farmland Reserve with the exception of the City of Cocoa’s parcels which are scattered around Farmland’s property. The City of Cocoa and Farmland Reserve have had a very cooperative relationship for several decades regarding Farmland’s operations and the City of Cocoa’s water utility system that are located within the proposed annexed area, and Staff supports Farmland Reserve’s request. Farmland Reserve has expressed a desire to Orlando and the City of Cocoa to annex their property at this time and they are seeking the City of Cocoa’s cooperation. Within the proposed annexation area, the City of Cocoa owns eight (8) parcels along Dallas Blvd. south of State Rd 528 and fifteen (15) parcels along Weewahotee Rd. and Pipeline Rd. west of Taylor Circle (approx. 223 total acres). The parcels are more specifically and legally described in the attached Petition for Annexation.
Similar to the last annexation of the Sunbridge planned development area, the City of Cocoa and the City of Orlando will negotiate an annexation agreement that will address various protections for the City of Cocoa’s wells, pre-treatment facility at Wewahootee, well-fields, transmission lines, and other utility equipment as development proceeds in the proposed development area. 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 additional 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 in October. If the City of Cocoa and the City of Orlando cannot come to satisfactory terms in an annexation agreement in time before second reading of the annexation ordinance, 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, 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:
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
The City Council previously authorized the City of Cocoa’s participation in another City of Orlando annexation of the Sunbridge development area.
RECOMMENDED MOTION:
Recommendation
Approval of Petition for Annexation and related consent forms and affidavit for the voluntary annexation into the City of Orlando of twenty-three (23) 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]