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95-R-26 . ...., RESOLUTION 95-R-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ABANDONING A PORTION OF OTTER DRIVE LYING SOUTHERLY OF AND ADJACENT TO LOTS 12 AND 13, BLOCK B AND LYING NORTHERLY OF AND ADJACENT TO LOTS 6 AND 7, BLOCK C, COLE'S SUBDIVISION; PROVIDING THAT EACH ABUTTING PROPERTY OWNER TAKES TITLE TO THE CENTER OF THE RIGHT-OF-WAY; PROVIDING FOR THE RECORDING OF THIS RESOLUTION IN THE PUBLIC RECORDS OF VOLUSIA COUNTY AND FILING WITH THE VOLUSIA COUNTY PROPERTY APPRAISER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Council of the City of Edgewater, Florida, has made the following determinations: 1. Coronado Paint Company, Inc. has requested the abandonment of a portion of otter Drive lying southerly of and adjacent to Lots 12 and 13, Block B and lying northerly of and adjacent to Lots 6 and 7, Block C, Cole's Subdivision. 2. A public hearing was held on December 18, 1995, after notice of the request was published in the Daytona News-Journal on December 6, 1995, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 500 feet of the subject property. 3. The City Council has determined that is in the best interests of the citizens of Edgewater to approve the requested abandonment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Subject to the conditions set forth in section 2 below, the following described portion of otter Drive is hereby abandoned: A portion of Otter Drive, a 40 foot right-of- way lying southerly of and adjacent to Lots 12 and 13, Block B and lying northerly of and adjacent to Lots 6 and 7, Block C, Cole's Subdivision, according to plat thereof recorded in Map Book 23, Page 63 of the Public Records of Volusia County, Florida and being more particularly described as follows: Beginning at the Southwesterly corner of said Lot 13, Block B, said Cole's Subdivision; thence N 67028'08" E along the southerly line of Block B, a distance of 119.68 feet to the southeast corner of said Lot 12; thence S 21059'20" E along the southerly prolongation 95-R-26 1 ... ....., of the easterly line of said Lot 12, a distance of 20.23 feet to the centerline of otter; thence S 67033'04" W along said centerline, a distance of 0.44 feet to the intersection of the northerly prolongation of the easterly line of said Lot 6; thence 2 21049'30" E a distance of 20.23 feet to the northeast corner of said Lot 6; thence S 67038'00" W, a distance of 120.00 feet to the northwest corner of said Lot 7; thence N 20049'28" W along the easterly line of Old County Road, a distance of 40.12 feet to the Point of Beginning. section 2. This abandonment is specifically conditioned upon satisfaction of the following items: a. Coronado Paint Company, Inc. shall extend the water main located on Old County Road east to the intersection of Snider Street and Hart Avenue, a distance of approximately four hundred ( 4 00) linear feet to serve the new fire hydrant to be located as determined by the Department of Fire and Rescue Services. The water main shall be at least six (6) inches nominal diameter. Both the water main extension and new fire hydrant shall meet all applicable City specifications. Coronado Paint Company, Inc. shall bear all costs associated with the extension of the water main and addition of the new fire hydrant including the related restoration of all public and private properties. Prior to construction, the City reserves the right to require the upsizing of the water main, but in such case shall be responsible for the additional costs attributable to such upsizing. b. At its expense, Coronado Paint Company, Inc. shall relocate the fire hydrant currently located on Snider Street to a location on Old County Road as determined by the Department of Fire and Rescue Services. c. The existing fire hydrants located on Otter Drive and Old County Road shall be left in service for the purpose of providing fire protection services to Coronado Paint Company, Inc. d. Coronado Paint Company, Inc. shall install a turn-around for traffic at the western end of Otter Drive. The turn-around shall accommodate full size school buses, fire trucks and garbage trucks and shall be subject to the approval of the City Engineer. e. Coronado Paint Company, Inc. shall construct an accessway around the proposed parking area on Old County Road sufficient to accommodate the disabled occupant of 135 Otter Drive. f. At its expense, Coronado Paint Company, Inc. shall provide the signage required to identify the closing of Otter and Snider Streets. 95-R-26 2 y ....., section 3. Upon abandonment, each abutting fee owner takes title to the center of the right-of-way. Section 4. Upon adoption and satisfaction of the conditions set forth in Section 2, notice thereof shall be published within thirty (30) days in the Daytona News-Journal. Thereafter proof of publication of the notice of public hearing, proof of publication of the notice of adoption and a copy of this resolution shall be recorded in the Public Records of Volusia County. A copy of the resolution shall also be filed with the Volusia County Property Appraiser. section 5. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. section 6. This resolution shall take effect upon recording. After Motion by Councilman Hatfield and Second by Councilman Hays, the vote on this resolution was as follows: Mayor Jack H. Hayman, Sr. Aye Councilman Danny K. Hatfield Aye Councilwoman Louise A. Martin Aye Councilman Mike Hays Aye Councilman David L. Mitchum Aye PASSED AND DULY ADOPTED this 18th day of December, 1995. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Jack H. Hayman, Sr. Mayor Susan J. Wadsworth City Clerk APPROVED FOR FORM & CORRECTNESS: Krista A. Storey City Attorney 95-R-26 3 .W C_ Public hearing Ord. 96-0-19 Comprehensive Plan amendment Coronado Paint/Ocean Avenue and Old County Road Mayor Hayman read Ord. 95-0-18 and opened the public hearing. Mayor Hayman stated the comments and the information submitted in the previous two ordinances should be incorporated into the record for this ordinance as well. There were no comments at this time. Mayor Hayman closed the public hearing. Councilman Hays made a motion to approve Ord. 95-0-18, second by Councilwoman Martin. The motion CARRIED 5-0. n Publin hearing Ord. 95-0-19 Zoning classification change - Coronado Paint/ocean Avenue and Old County Road Mayor Hayman stated this is a quasi-judicial issue. Mayor Hayman read Ord. 95-0-19 and opened the public hearing. Mayor Hayman stated comments made in the three previous hearings are to be incorporated into the record for this ordinance as well. Since there were no additional comments, Mayor Hayman closed the public hearing. Councilman Hatfield made a motion to approve Ord. 95-0-19 including the standards set forth by Community Development and in agreement with their conclusions, second by Councilwoman Martin. The motion CARRIED 5-0. P Pvbli- hearing Coronado Paint Development Agreement Mayor Hayman stated this is the first of two public hearings. Mayor Hayman opened the public hearing. Mayor Hayman stated comments made in the four previous hearings are to be incorporated into the record for this hearing as well. Councilman Hays questioned the relocation of necessary fire protection in the development agreement. City Attorney Storey stated no they are not included in the development agreement. Mr. Karat explained those issues are associated with the roadway abandonments and not incorporated into the agreement. Since there were no additional comments, Mayor Hayman closed the public hearing. Councilwoman Martin made a motion to approve the Coronado Paint Development Agreement including incorporation of previously submitted discussion, second by Councilman Hays. The motion CARRIED 5-0. City Attorney Storey informed Council the second public hearing for the development agreement is scheduled for January 8, 1996. There was a five-minute recess at this time. p Public hearing Rea 95-R-26 Coronado Paint request to abandon RQXtimn of Otter Street Mayor Hayman informed Council this is a legislative process and opened the public hearing. Page -6- Council Regular Meeting December 18, 1995 Mr. Karat made a staff presentation which included Items 5F & 5G. He called attention to the map included in the packet which identifies Otter and Snider Streets. He explained why this abandonment is somewhat different than previous requests. Mr. Karat commented on the utilities in the roadway on both Snider and Otter Streets. They feed fire hydrants. We would lose access to them for purposes of fighting fires to the east of the property. Mr. Karst commented on the large vehicles that use Snider Street and staff is concerned closing Snider Street will cause relocation of traffic, most likely to West Palm Way, which may not be able to handle the additional traffic due to the road being shellrock. Mr. Karst further explained there is a family that lives on Otter Drive who had a child with a disability that travels down Otter to Old County and then down to the school. Staff doesn't want to see the access that is currently used by this child to be negatively effected. Mr. Karat stated the child previously mentioned will be going to a different school next year and the bus that will be provided will have difficulty accessing that property if some provision is not made for a turn around. Joe Martin, Engineer, Coronado Paint, commented on blueprints where the proposed new office building will be placed at the intersection of Palm Way and Old County Road. He explained the route the bus could take to accommodate the child. He spoke on the issue of fire protection. Coronado is proposing to extend a water line from the intersection of Old County and Otter to the intersection of Hart and Otter and install a fire hydrant there. In terms of access to the fire hydrant that is currently located at Snider and Old County, Coronado is proposing to provide access for the fire truck to make its connection at Snider and Old County and lay hose east through the driveway that is part of the proposed parking area which is presently Snider and provide a gate access to support the vehicle over the retention area so they could lay the hose east to Hart Avenue. Fire Chief Vola stated Mr. Martin did exactly what was asked of him in order to resolve this issue. Barbara Hutchinson, 402 Hart Avenue, asked if that part of Snider that is going to be abandoned becomes the ownership of two private people, how does that fire truck get to the hydrant. Mr. Karat explained an alternative could be that Council does not have to abandon the property all the way down to Hart Avenue if the Council does not wish to do so. Councilman Mitchum feels that would be the solution to that. Mr. Martin stated Coronado Paint would be satisfied with the abandonment just to the extent of their property. Ben DuBois, 135 Otter Drive, spoke in favor of closing Otter Street. Councilman Hatfield commented on Mr. McCall's concerns regarding people using his driveway to turn around because he is the last house before the abandonment. Councilman Mitchum commented on traffic moving to West Palm Way and asked how much it would cost to pave that. City Engineer Fegley explained it depends on the cross section and how you want to stabilize that base material, but estimated it would cost at least $10,000 to pave that road. Councilman Mitchum questioned if Coronado Paint would be willing to pave West Palm Way. Mr. Martin explained Coronado Paint would discuss participating in the cost of that. Page -7- Council Regular Meeting December 18, 1995 %W VW Councilman Hatfield stated what you don't see on the map is West Pine Bluff. Hart deadends into West Pine Bluff and you can take West Pine Bluff which is paved down to Old County Road. He feels the traffic will go the deadend and take West Pine Bluff. Councilman Hatfield when the Post Office does what they proposed to do, their trucks will have no need to go down that way at all. Their trucks are going to go right back out on to Ocean Avenue and go out at the traffic light that they are supposed to be helping us get at Ocean Avenue. There was further discussion regarding the traffic and the routes that could be used. Councilman Hays commented that he feels Coronado Paint has a significant benefit from this action and he thinks if the City is giving up a paved road, they should get one in return. Mr. Martin stated at this time there is no substantial evidence to support the traffic count so therefore they have nothing with which to base a development agreement and they would not be interested in that at this time. Councilman Hays asked if it would be fair to continue this part of the discussion until everyone has a chance to look at the cost at the January meeting. Mr. Heebner stated the problem with that would be is that they are trying to start the engineering for the project. If the roads aren't vacated, they can't do the project. Councilman Mitchum doesn't feel it is improper to ask what he has asked of Coronado Paint. He has no problem with continuing this. He respectfully requested Coronado take a look at this. Mr. Martin spoke about stormwater conveyance. Mayor Hayman feels they need to look at the traffic impact on Otter Street. We have a serious stormwater management problem in this area and they are attempting to help the City at their own expense alleviate some of that as well. He also has no problem with continuing this. He feels they need to define what needs to happen between now and then so when they sit again we will be able to have evidence with which to make a decision. Councilman Hays suggested putting up barricades on a trial basis and putting out traffic counters to see where the traffic is going to go. Chief Schumaker doesn't feel they will get an accurate reading at this time. Councilman Hatfield feels they are putting the cart before the horse in even talking about paving. The main concern in that area is standing water and they need to make sure this water is going to flow and they need to figure out where the water is going to go. Councilman Hatfield stated there are some things that need to be addressed. He doesn't feel he can take the abandonment away from Coronado Paint just because they haven't decided they will pave Palm Way. Councilwoman Martin doesn't think they should abandon something that in the end is going to cost the City money. This is taxpayers money we are playing with. Councilman Mitchum explained his reasons for wanting something in return if they give something away. Mr. Martin commented on future provisions for a stormwater easement for the City to convey the public water through the area. Page -8- Council Regular Meeting December 18, 1995 .. •w Mr. Karat further commented on coming back to Council with the impact of doing a traffic count. City Attorney Storey informed Mayor Hayman to take this as the public hearing on Res. 95-R-26 and then open and close a hearing for Res. 95-R-27. Mayor Hayman cloned the public hearing. Councilman Hatfield made a motion to approve Res. 95-R-26, second by Councilman Hays. City Attorney Storey questioned if there are some conditions for Otter Drive. Mr. Karat stated if we could just reference the improvements shown on the conceptual plan, obviously subject to Site Plan approval, that would be acceptable to staff. Councilman Hatfield amended his motion to include Mr. Karet's comments, second by Councilman Hays. The motion CARRIED 5-0. a. Public hearing Res. 95-R-27 Coronado Paint request to abandon Snider street Mayor Hayman opened the public hearing and stated that the comments made in the previous hearing are incorporated into the record for this hearing as well. Mr. Heebner stated they do not find the City's request unreasonable. He agreed to look at the figures once the traffic study is done which would get them a feel for the impact on the street. He fears it is going to take longer than two weeks to have enough information for a decision to be made. They are willing to do that and delay the engineering until this problem is resolved because without Snider they have no project. Mr. Karat explained they are going to try and drop that street out of the traffic network and simulate what those impacts will be in terms of where the traffic will be distributed. Mr. Karat spoke about Snider Street not being in very good condition. People are going to go where it is convenient and close. Ben DuBois, 135 Otter Drive, doesn't want the road paved until the drainage problem is fixed. Barbara Hutchinson, 402 Hart Avenue, commented on the postal trucks that go past her house that have doubled, possibly tripled over the past year, and this being a problem. Mayor Hayman closed the public hearing. councilman Mitchum made a motion to continue this to the January 8th meeting, second by Councilwoman Martin. The motion CARRIED 5-0. n. Public hearinq_Ord. 95-0-20 Comoreheneive Plan amendment Westfall/143 West Ocean Avenue Councilwoman Martin made a disclosure regarding a conversation she had with Mr. Westfall. Councilman Hatfield made a disclosure regarding a conversation he had with Mr. Westfall. Mayor Hayman made a disclosure regarding a message he got from Mr. Westfall. Councilman Mitchum made a disclosure regarding a conversation he had with Mr. Westfall. Mayor Hayman read Ord. 95-0-20 and opened the public hearing. Page -9- Council Regular Meeting December 18, 1995