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
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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
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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
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