Loading...
HomeMy WebLinkAbout1999 03 08 Regular Item D COMMISSION AGENDA ITEM D CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X March 8, 1999 Meeting MGRVIDEPT fr Authorization REQUEST: Public Works Department Requesting Direction from the City Commission to Resolve Access Issues with Ray Bradshaw. PURPOSE: The purpose of this Board item is to request direction from the City Commission to Resolve Property Access Issues with Ray Bradshaw of 320 Hayes Road. CONSIDERATIONS: The agenda item is needed to provide staff with direction relative to requests by Ray Bradshaw for an additional driveway culvert and also the vacation of the unimproved Stoner Road right of way west of Hayes Road. The City completed roadway and drainage improvements to Hayes Road in January of 1998. The project included pavement, swale drainage, and culvert installations at existing driveways. Mr. Ray Bradshaw of320 Hayes Road contacted Public Works in approximately May of 1998 requesting that a driveway culvert be installed along the west side of Hayes Road adjacent to the unimproved Stoner Road right of way. The culvert would provide a secondary access to the south side of Mr. Bradshaws property which he represented he has historically used. The engineering survey and preconstruction video do not show an active driveway although a path through the woods can be observed in the field. The materials cost for the culvert is approximately $1,000. 1 The Utility/Public Works Director advised M Bradshaw that he could not support his request for an additional culvert but the matter could e further discussed with the City Manager. On November 17, 1998, Mr. Bradshaw met with the City Manager and March 8, 1999 Regular Agenda Item D Page 2 Utility/Public Works Director to review the issues. The City Manager culminated these discussions with a memo dated January 13, 1999, a copy of which is attached. Mr. Bradshaw responded with a memo dated February 2, 1999, a copy of which is attached. The Public Works crews are working on removing the dead trees cut down on Mr. Bradshaw's property. Mr. Bradshaw's property has numerous code violations including abandoned vehicles, equipment and construction materials. ISSUE ANALYSIS: There are two issues relative to this matter. First, is the City obligated to provide Mr. Bradshaw a secondary access point from the unimproved Stoner Road right of way. No right of way permit is on record for this access nor was it an actively used driveway at the time of construction. Mr. Bradshaw represents that the lack of proper grading/road maintenance precluded him from using this for about the last ten years. The second issue is the abandonment of the Stoner Road right of way. The western end of Stoner Road terminates at the eastern boundary of the "Arbors" which is currently developed with single family homes. No opportunity exists for the extension of Stoner Road and it is a candidate for abandonment. The unimproved right of way also has a significant amount of old construction materials (steel casings, concrete pipe, rebar, etc.) in addition to the 20 or so dead trees which were cut down in place to eliminate any hazard to the adjacent properties. RECOMMENDATION: It is recommended that the City abandon the Stoner Road right of way and provide Mr. Bradshaw with a second driveway provided that Mr. Bradshaw first removes the debris from the right of way and brings his property into code compliance. March 8, 1999 Regular Agenda Item D Page 3 IMPLEMENTATION SCHEDULE: The abandonment ofthe Stoner Road right of way requires an ordinance. The ordinance would be initiated upon completion of the obligations ofMr. Bradshaw. The culvert could also be installed at approximately the same time. ATTACHMENTS: 1. City Manager letter of 1/13/99 2. Ray Bradshaw letter of 212/99 3. Copy of Hayes Road Improvements 4. Sketch Map of Area COMMISSION ACTION: ATTACHMENT NO.1 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 January 13, 1999 Ray Bradshaw 320 Hayes Road Winter Springs, FL 32708 Dear Ray: Let me apologize for taking so long to get back to you relative to the issue we discussed recently. However, before responding I wanted the Police Department to complete their investigation relative to the chain link fence allegedly taken from your property by City employees. Now that the Police Department investigation is finished I would like to respond to the issues you have raised. 1. Missinq Fence: As I understand it you had some chain link fence and fence poles stolen from your property on or about the time the City was performing the tree cutting. We turned this matter over to the Police Department who questioned the City employees involved. There was no indication from the police interviews that these workers stole these items. Obviously, without an eyewitness or confession, it is impossible to prove if the employees did steal the items. According to Kip, he has never had such a complaint against these employees.' As a rule, we find that this type of theft or vandalism is committed by adolescents living in the neighborhood. If you are aware of any additional credible information that would help to prove a case against some or all of the employees, I would be happy to pursue this further. However, at this time there is little further that I can do on this item. 2. Tree Cutting: As I understand it you were concerned about the City possibly cutting trees on your property. You will recall that in the meeting Kip and I had with you, you requested that the City cut several dead trees on the right of way. According to Kip, it is possible that City crews may have gotten off the right of way when cutting the trees. We would have to survey the right of way to determine factually the answer to that question. According to Kip, the trees cut were all dead. As you know, we get numerous requests by citizens to cut trees on their property, which we are unable to do. There are some cases in which we could make a finding that the public is benefited by removing a tree on private property. In such situations we would normally request payment to cover our cost. In this case however, since the removal of dead trees on your property would have happened in error due to the uncertainty of the location of the right of way line, I don't think it would be appropriate to ask you to reimburse the City for the service rendered. 3. Stoner RiQht of Way: As I understand it, you and your neighbor are interested in the City abandoning the Stoner Street right of way. According to Kip, we have no use for the property at this time and therefore would be amiable to abandoning the right of way. However, for this to happen I would need a written request from you, your neighbor or both of you requesting abandonment of the right of way stating why you think the abandonment is justified. 4. Drivewav: As I remember, you requested that the City install a second driveway to your property based upon the fact that you had two driveways prior to the paving of Moss Road. This is an interesting question. As you know the City is only required to provide one driveway to a building lot. Secondly, you did not indicate prior to the road being paved that you desired to retain both driveways. There is however, some merit to the argument that you are entitled to two driveways. The question is whether or not the City is compelled to pay for the installation of the second driveway. I don't believe that we are. However, I would propose for your consideration that in order to settle this issue amicably, that the City would install a second driveway if you would be willing to pay for the materials. According to Kip, the materials for this driveway design is around $1,000. Again I am sorry that it has taken this long to get back to you. Please give me a call after you have had an opportunity to review this letter and provide me with your thoughts. Sincerely, ~dJt-lt{(1~ Ronald W. McLemore City Manager Ijp cc: Kip Lockcuff Wordlletter/Jan99/Bra dshaw Page Two "T)) W. /7....lY'"'!-r,~..,.,.. .JTr":;~] I " I ".j- : I \'\.,' I" If ..' \. ." 'T' ~.' .('"..'-._J_,;....:..._ \$ ~,.. ,t '\\ I '.' ...:u J '.r.'~ . , I. ..' A TT ACHMENT NO. 2 FEB (1. 4 t~99 Mr. Ray Bradshaw 320 Hayes Road Winter Springs, FL 32708 February 2, 1999 CITY OF WINTER SPRINGS City Managef Mr. Ronald W. McLemore City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708-2799 Dear Ron: I met with Commissioner Robert Miller, and called Cindy Gennell, regarding my problem with the City of Winter Springs. I was advised by both to put in writing exactly what I want the City to do, since this matter will require a city commission decision. As I recall, our meeting was very friendly and we discussed many of the City's past and present problems. As we were ending our discussion, you asked me exactly what I wanted. I told you my primary interest was to get my driveway back that I used for more than thirty years. Secondly, my neighbors, the Walker Family, would like the west end of Stoner Road vacated. I told the Walker's I had no objection ifit were divided between us. Stoner Road divides our lots and has only been used by me as access to my house. . If the City does not choose to turn over the area to us, I want the City to clean it up and maintain it like other areas in the City. In the past two years, the west end of Stoner Road has been used for dumping. I do not wish to file a complaint against my new neighbors. If the Walker's and I take over the area we will clean it up and have it fenced. The City maintenance crew did come to Stoner Road about a week after our meeting. Page Two February 2, 1999 The City crew cut down the trees that were leaning toward the Walker home. The crew also cut trees on my property, blocking my driveway and near my home. I am also requesting that the City have the trees hauled away that were cut on my lot. Ron, before you became City Manager of Winter Springs, the City would not respond to any request I made. In my opinion, the present City Commission was very wise in choosing you to manage the City. I have noticed favorable changes since you came. If I had written this letter before you came, I would not have received a response. I hope this incident will restore my trust and friendship with the City government. Sincerely, f? ~ Oj~O-iN- Ray Bradshaw M o Z r- Z IJJ ~ I o <t r- r- <t ...F'\\"}~~~'~f"';i:;~*1i~~;~tll;~;~~;'~lr} '-~~, '- :.:i . z .:;c<~~;?, , PROP 80'-1fX~'....3,.~. 0 '....'..::... .00 S INY ~. 4 .40 ~ ..... .. N INY -4&40.;;;. 41.2\ <( ci; 6" HEADER ~:~ t;; ...::. PROVIDE 10' PAY'EMENT AREA .::>/;;:. Z F' , I qU ,0, ri 0 N 9 + .1 8Y3.:4~: I' ~ I~ ,/-SC:I 'Ti~I}',L~'PAIJGH 1 w .:.:' -::.: ~ "'-oJ;' ~r)N, ?:J:\F ~ l,~P 11-3178 :.;-//;. (f) .-t' ",~::l~>" ;?6i';'}J ~- ur WF'J)Nf ./ ;'~X'::>' . RE.CO',I(REcr~~~" +, 'iSlqz( . r'(,ONCRtR~l!f)NUl,lEN T ):-:~., "'" . 1 . (~~ .lf4. ~jl; SW '. .;, .~... .2. ,f- :55R '". "". "'+ ,_ f' "/ :;: ,~:::':Qlf;. . .:. '.~;"""~ '.. ~'7~.{" . ~ . .-:....::.~~:~::;:;;...-k. '. ';: :~'::;?-~:~S~~~;z2:i,;.~ . JV(}J?TH ORUNDiJ.~i?QjS . SICT/(}H.'!~//t'. .J.:. P.R.I.? ,pc/'{j;r ........... . ... .......-...........,. .. .......,............... -..-. " ................. , .....-........ ........ 020CK .ff' 1.2 ":''':EGdYEPEO 4"X~" CQNCREP.T( l,l0NUMPIT (Nl!.. to"l) . :. . ... .. - .... ""\ UMIT(QF:i? . " ~~. 6' DISTURBANCE 8f .. ,',:' ,:.,..': ,., . '<:L,:::. ".' '. '.~. .'. . 'l~-":' . Pt.A, HE[) RI(,>iT j- ,if W/i', UI';E i / / . ."..~.'l"..~~..:::.:...<\f,.......~.. oJ, ~., -';-..." < -t:.' 0.. _,:....: - -c:: ,lID.::.' 1.- : .' X) 49:.~_.CC.;iJ, J n. _._Y.I=LP."~ ......:..."'.,;:~...:C : :i:::'"'..=,~, -. - ~ - ""T..' - .-:-. Z · · ~ ..", ..'_ . :> ..7.-.'-W'---'Ji.. .-. -...- -_.:~ .... >"-'W: - J,'.;' 18~. ~ ~7 f; n_ 4(,.:0 ., (I JJ Z :Jr. HW 1: ~ ~ ~ t ~., l~1 L LI __' . ::lHW \ , .. '.. :~. ... ,C. .. 11',:i I< I - <?, C,< I ,') ..' 8'F!-,Er'-.....'[ F'~"<:E S:2:7Jt 1 " . :;.-c :> k\ ':-n JVORTH oR1'.iNDO RLtvCH~S: :r SKCT/OH ~ . "- P.R./-F PC. 35 ~ B~OCK .C" p~_.:..rjEC; R;C;H"t ,\, 'fA \' Ur~r : -'. ..'J' . .~,.,,) . 7"(11.1' UMIT OF DISTURBANCE ~.4. I'Y~"_H \' ~..J.. ~ ~:~: ~I~~ , , ''''''','.',..,,'.' . ............................. . INsri&. FDOt T'tPLli~: S1l T'~NCE PRIOR. TO AN:Y.>t: CON~JRUCT1ON (TYP) .... FDOT;lNDEX NO. 102 .. . ~:~, : ~. A r ~ ~ ;-; PI-;..-I' .,'. '. r ..... f' '. liE ..... ..... .,...--~.~..~.~.. .....-.. "'. . .",...._.... ..-.,'......,......-.......... ...., ,.. ..-...... ......... --.~...-.......... . ~..... ,~:"" ....-: ;.,:':.?" ., ......:~ .~-,;;,~;,:-s:..~~. : NORTH lJRMNDO RAHCHIS SICT/OH ~ P.R.12 PC. 35 B~OCK 'lr o o + ..-- ~OT I z o f- <( f- U1 336' RE9.REA TlON TRAIL .. :,: : 53.a ~=: : 12"x 8- RIBBON CU_~ (TW)_ ra bH .rC')"~, /'_ ,~<' ::..: J ..:... , 7i~ -.-. T t . ':~ r.~ " R/W & UMIT or DISTURBAN BUCK 'A- ~OT I NORTH O/U./HDO /UHCHKS SKCT/OJV ~ . P.R.I.? Pc. 35 ;:...~.,....... Jr' ) :'~f f J 1, .,. \ I l' ,)j "-"'''1 :-; J I \f-\ /" "i t. ~ ." _..J I ," J .,,' J l,' \- _.- \ \ j --. i '-"M'= " '~ r I 1 ",,-' . :it .~ II t') f, , .~". i ._ \.~:., L '. ~\ m" . _ , \-._ _'_ ~ ' I ' \ )t~ l- _._-.-\: \..-.- "...,~\ 'I '. .__L-'-i'-. 7,\ 2~ \ \ dl~'>; -,-<;: \ :~;.1 \\ .33 ),i _.__'~ I . '\ -.J .J I' ,_.-' I \// \.~ ..,.,---~~~,~'I, \.1:<; ~...., \ \ 1,,-, . I ' 1" \ I ~\ /' 1 B"\ i \ ~.J, \, / i \ i \ ..... I( '\' i .. ",,,,-" " \ i 13 ...".;"".,.;0-'''''''"' , \ \ 1'7 \~...." f ~'~ \ \0 ~~ Ilt!Ilt+tltll~lj""f~~ltldl::nlo'mlilI ' ""2"-~- T(-.:/I.(. i5 " ... 'i4 '. \~ 16 \ ,:.:;, \ \ :E. '\ \ _1 .'"' \ \ _l--~----~\-" ,-. ~".,..-r.r'-.''''.' \ '19 \ i... U L 17 \ 18 \ " ,\0 \\ " , ~ . \ ,~ \ ' 1 ..l-------'~' \ -- \ \ \ l \ 1B ~'2.""'-W \ \ - \ l~j \ I ' II 2(1 \ \ \ ,... \ Ll \ J \ \, I 2.1.. \ \ '. '.- l \ \ \ ..,'..,- ..-,-- \0 \ \ _,1..-'.- ~. ,_\.-..,-..-1--'-'.' 'J ,,'00 _...,......._,...-'--- ,--.."- . .....,...,.......... orr\'tIl'~""~ , r'----.-.-,~..- \ \ \ 1. Q ,G. ~-: \ \ \ -.--- , \ \ \.\_.._,,-..- '_'_----'- -.-.- - '~.', ,\ 'ilr '\ \ ~.' u . \ U\.~ /.1 \ \ '_"_"-"-'-"-"-\' /i . ..,.... \ :J: ,_.-,,_.-' -, ./ // -/---------------r r----- 2.0 '. / //;~~/ 2 '\: . '\ D ( '(, (,' ~ ~~~.~,,~~,- -.-'- \. BL~~:-=-------\ r----' \\ \ ..-.-..-..-.-.- \ , 2) , 0 ~. \, ... \, \"., ..__------' "1. ,\ ~ " ~-- /,/ .,,' \ R -~-,-_.~ /" ~ _---;i J;I ~--~~--~-:~---. 12 '~""~~~\.--~ ".. -:~;:. -; --~-- '\ :!..:::"\ ~\.. _ '-', 't I. '. "I, '\ 1 " \... ' \ \ \ \. '''. '.' \,; \ ~ I ~ l ~.~ \ \ -- \ l \ \ -:;\ \ . u_ _,,_,'-"'"'l I r-- \------------ \ \ -'''--- .-..-..-....--.-.. \ B' \ BLOC.K \ -.-'- \-.-.-' \ i-:::: \ r i \ \1" IN I " ,,'_ _. I C? \\ ". "-'. ,., \. A A \" \-1'------- -~..,,-~.-.-..-.. '--J~' i-I ; ~ \\n )-\- ...--"- .J.-~.I:~~L':---'>-~- A TT ACHMENT NO. 4 ... .... 17 ... \ " " -,-;\..-,_.- - , , , I I I \ \ \ \ i \ \ ~.-- l L~ :.;(V/ _1"'-- -rr'; i I ! i , I (. 12, , I i i :.J. ./ // r- l) .'.j.... . ,:.(- -j '1 \ \ \ \ \ \ --"- (i. C) 6./.. ') r'- ~.J .3. () \ -W -.0::::: --,--' ,~" W -- -- -~~ -,-,.-.-,-.'--.....-.-) nre)1 I . I - ;::::::--..-..-""-~'- r'~"-."-- --~---- I ," -'- fj ------ ---- --. --.----- I -' '-