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HomeMy WebLinkAbout2000 07 24 Public Hearings B First Reading - Ordinance 2000-23 Vacate and Abandon A Portion of Stoner Road COMMISSION AGENDA ITEM B Consent Information Public Hearing XX Regula r July 24. 2000 Meeting MGR. P-- fDeptj!! REQUEST: Community Development Department, Land Development Division, presents to the Commission for their action the First Reading of Ordinance No. 2000-23 which will vacate and abandon a portion of Stoner Road. PURPOSE: The purpose of this agenda item is to present to the,Commission for their action the First Reading of Ordinance No. 2000-23 which will vacate and abandon a portion of Stoner Road located to the west of Hayes Road. This action was discussed and approve by the Commission at their meeting of March 8, 1999. APPLICABLE LAW: CHARTER. ARTICLE IV. MAY AND CITY COMMISSION Section 4.14. Actions requiring an ordinance. In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance, those acts of the city commission shall be done by ordinance which: (6) Conveyor lease or authorize the conveyance or lease of any land of the city; Section 4.15. Ordinances in general. (a) Form. Every proposed ordinance shall be introduced in writing in the form required for final adoption. No ordinance shall contain more than one subject July 24, 2000 PUBLIC HEARING AGENDA ITEM B Page 2 which shall be clearly expressed in its title. The enacting clause shall be "The City of Winter Springs hereby ordains....." (b) Procedure, An ordinance may be introduced by any member at any regular or special meeting of the commission. Upon introduction of any ordinance, it shall be read in its entirety; provided however the said reading may be by title only if all members of the city commission so vote. All ordinances shall be read twice, the second reading of any ordinance shall be by title only and shall follow the first by a minimum often (10) days; provided however, this requirement may be waived by a unanimous vote of all five (5) members of the commission, All ordinances shall be posted in the city hall for thirty (30) days after their first reading, (c) Effective date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of thirty (30) days after adoption or at any date specified therein. Section 4.16. Authentication and recording; codification. The mayor and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the city commission and the city clerk shall record in full in a properly indexed book kept for that purpose all such ordinances and resolutions. FINDINGS: 1) A request was made by Mr, Ray Bradshaw that this portion of Stoner Road be vacated. 2) The City Manager had a meeting with Mr, Bradshaw and discussed the request. 3) This request was presented to the City Commission on March 8, 1999. The Commission agreed to vacate the western three hundred seventy five (375) feet of the Stoner Road right of way provided that Mr. Bradshaw remove the debris from the right of way and bring the property into code compliance. 4) The debris was removed and the property was brought into code compliance. 5) The City has no public use for that portion of the right of way being vacated. \ July 24,2000 PUBLIC HEARING AGENDA ITEM B Page 3 CHRONOLOGY: November 17, 1998 - Meeting between the City Manager, UtilitylPublic Works Director and Mr. Bradshaw January 13, 1999 - City Manager Letter to Mr. Bradshaw February 2, 1999 - Mr. Bradshaw Letter to City Manager March 8, 1999 - Commission Meeting Regular Agenda Item D July 13,2000 - UtilitylPublic Works Director Memo to Land Development Coordinator RECOMMENDA TION: The recommendation is that the City Commission move proposed Ordinance No. 2000-23 to a Second Reading. ATTACHMENTS: A - City Commission March 8, 1999 Meeting, Regular Agenda Item D, with the minutes of that portion of the meeting addressing Item D B - Utility/Public Works Director Memo to Land Development Coordinator dated July 13, 2000 C - Proposed Ordinance No. 2000-23 COMMISSION ACTION: ATTACHMENT A COMMISSION AGENDA ITEM D CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X March 8, 1999 Meeting MGR 0DEPT 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, CONSIDERA TIONS: 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 0[320 Hayes Road contacted Public Works in apjJroximately 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 propelty 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. The UtilityfPublic Works Director advised Mr. Bradshaw that he could not support his request for an additional culvert but the matter could be 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 UtilitylPublic 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 of the 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 2/2/99 3. Copy of Hayes Road Improvements 4. Sketch Map of Area COMMISSION ACTION: A TT ACHMENT NO. 1 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telophone (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 Cuttinq: 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 Right 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, ~dJtJ/JU'j~ Ronald W. McLemore City Manager Ijp cc: Kip Lockcuff Word/Letter/ J an99/Bra d sh aw Page Two D.?\\ ~\ r.; /?....1t7~T\\/ 1 c;:;Tf)'j 1)/ . i"}. .._-,~.;....:..:..:.. \i ~ j',. i' :\'~.~> - ~~ A TT ACHMENT NO. 2 FIB Q 4 1999 Mr. Ray Bradshaw 320 Hayes Road Winter Springs, FL 32708 February 2, 1999 CITY OF WiNTEn 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 if it 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, fi ao ~~04N- Ray Bradshaw M o Z I-- Z w 2 I () <t l- I-- <t 7' ) t: J:'(. ') ;',' ~1~!2>~\tjJ? ;;'~i~~;~.~;Y~~(;"';~S,u:.g '; .;,. :":"- . ~'.' ::'" .~. 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I , - - - - -.-....-...--'-, ._." .._~ .__ .__,._.M'- .:') ; . ..\1-,' ,(' t.:, ,i\ ./ '~~~Jl t! /<~ ./ ,/ / .' .' <I {,i'('> / '. / // / // / / / .,' ,'. ~:l . t.; b.l:.. --"-" -" _.- -- - -- -." --.. .--" -- ,- .-- ---, _.~ ._- -- - ~ ~ -". ~.- - - CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8,1999 l'AGEGOFl1 Mayor Partyka thanked everyone (in the audience) for attending these meetings. Public Works Department D. Requesting Direction from the City Commission to Resolve Access Issues with Ray Bradshaw. ' Mr. Lockcuff briefly explained this Agenda Item and mentioned that Mr. Ray Bradshaw was also present, should the Commission wish to discuss matters with him. "I'M JUST GOING TO MAKE A MOTION THAT WE GO ALONG WITH THE RECOMMENDATION OF CITY STAFF." MOTION TO APPROVE THIS AGENDA ITEM BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Mr. Ray Bradshaw, 320 Hayes Road, Winter Springs, Florida: addressed matters related to the use of his driveway. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. City Manager E. Requesting the City Commission to decide the question of the City walvmg or exempting private schools from impact fees. Attorney Guthrie spoke on the applicable Ordinance and outlined four (4) standards regarding impact fees that should be considered: "The requirement that they be uniforn1; that there be a nexus; that the district that is created be related to the improvement that's going to be paid for; and that it relate to new growth". Discussion followed regarding provisions in our code; engineering standards; and traffic feasibility studies. The three (3) possible options for the Commission to consider were: the Commission could take no action; approve a waiver - if allowed by law; or deny it. The Commission further discussed potential traffic problems, especially in relation to other area private schools. Mr. Gordon Mann, (Chairman of the St. Stephens School Board): explained to the Commission that the school will be built for a maximum of 540 students, and that the core students (approximately 94%) will be comprised of Winter Springs residents. "I'LL MAKE A MOTION THAT THIS IS DENIED, AT THIS POINT". l\10TION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 Utility I Public Works Department July 13,2000 TO: Don LeBlanc, Land Development Coordinator Kipton Lockcuff, P.E., Utility Director )./1--' FROM: RE: Stoner Road Right of Way west of Hayes Road The property owner, Ray Bradshaw, on the north side of the unimproved Stoner Road right of way west of Hayes Road has completed the conditions set forth at the March 8, 1999 City Commission meeting. Specifically, Mr. Bradshaw has removed the abandoned vehicles and other debris from his property and right of way. I am recommending that the necessary procedures be initiated for the vacation of the Stoner Road right of way west of Hayes Road. File ATTACHMENT C ORDINANCE NO. 2000-23 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, VACATING, ABANDONING AND CLOSING THAT WESTERLY PORTION OF STONER ROAD (THREE HUNDRED SEVENTY FIVE (375) FEET IN LENGTH AND SIXTY SIX (66) FEET IN WIDTH) SITUATED BETWEEN LOT 3 BLOCK C TO THE NORTH, AND LOT 1 BLOCK A TO THE SOUTH, NORTH ORLANDO RANCHES SEe. 4, AS RECORDED IN PLAT BOOK 12 PAGE 35, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida finds that the City has no public use of the aforementioned vacated right of way; WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined it to be in the best interest of its citizens to vacate a portion of Stoner Road described herein; NOW THEREFORE, the City of Winter Springs hereby ordains the following: SECTION I: The City hereby vacates, abandons and closes the following described property: THA T WESTERLY PORTION OF STONER ROAD (THREE HUNDRED SEVENTY FIVE (375) FEET IN LENGTH AND SIXTY SIX (66) FEET IN WIDTH) SITUATED BETWEEN LOT 3 BLOCK C TO THE NORTH, AND LOT 1 BLOCK A TO THE SOUTH, NORTH ORLANDO RANCHES SEe. 4 AS RECORDED IN PLAT BOOK 12 pAGE 35, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. SECTION II: That any portion of any City Ordinance in conflict herewith shall be hereby repealed. City of Winter Springs Ordinance No. 2000-23 Page 1 of2 SECTION III: Severability: If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION IV: This Ordinance shall be effective upon its passage. DONE AND ORDERED TIDS in Chambers at Winter Springs, Florida. DAY OF , 2000, PAUL P. PARTYKA, MAYOR REVIEWED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS, FLORIDA ONLY. ANTHONY GARGAN ESE, CITY ATTORNEY ATTEST: ANDREA LORENZO-LUACES, CITY CLERK First Reading Second Reading and Public Hearing Posted TillS INSTRUMENT W AS PREPARED BY: DONALD R. LeBLANC LAND DEVELOPMENT COORDINATOR CITY OF WINTER SPRINGS 1126 EAST SR 434 WINTER SPRINGS, FLORIDA 32708 City of Winter Springs Ordinance No. 2000-23 Page 2 of2