COUNCIL AGENDA ITEM
SUBJECT:
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2023-R-27: Request to vacate and abandon a portion of Indian River Boulevard to realign the entrance for the Deering Park development.
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DEPARTMENT:
Development Services
SUMMARY:
The City of Edgewater approved the Deering Park North PUD which consists of commercial, institutional, and residential land uses just west of Interstate 95. The proposed development when initially conceived and approved required the dedication of Indian River Boulevard for access. Subsequent changes in the layout of the Deering Park North development has led to a need to vacate the approved right-of-way to realign Indian River Boulevard to correspond with the street network that is being proposed within the development.
The applicant has received approval from the Technical Review Committee with the following department comments:
City Attorney:
I suggest that paragraph 3 of the Agreement be revised to read something along the lines of: “The parties agree that Edgewater owns existing and future potable water supply well sites and associated infrastructure along the right of way of Opossum Camp Road of the FARMTON parcel which is to be vacated. The parties agree that after the right of way is vacated EDGEWATER will continue to own all of the well sites, and future well sites, and associated infrastructure. FARMTON will execute the Easement Agreement, attached as Exhibit C, in favor of EDGEWATER which will grant EDGEWATER the rights to continue the use of the well sites, and future well sites, within the easement area and all associated infrastructure and grant EDGEWATER access to, and within, the easement area to operate, service and maintain the potable water well sites and all associated infrastructure.”
I believe the Developer should prepare the easement agreement for our review and approval which can be attached to the Agreement as an exhibit.
Environmental Services:
1. Has Deering Park received approval from Volusia County for the alignment of Williamson Blvd from Pioneer Trail to Maytown Rd, and specifically has Volusia County approved the alignment of Williamson Blvd from SR‐44 to a few miles south of SR‐442 intersection? We would need the County’s approval on the alignment of Williamson
Blvd in order to agree to changes in alignment to Indian River Blvd to intersection with it.
2. Are the owners of Hawk’s Gate property in agreement with the increased amount of right‐of‐way occupying the southwestern corner of their property that this plan proposes? The existing alignment of Indian River Blvd was the subject of an eminent domain case with Hawks Gate property. If Hawks Gate opposes the new alignment,
Applicant should revise the beginning of the curve to a point west of the Hawks Gate property line.
3. The City owns existing and future potable supply well sites, and associated infrastructure, along the right‐of‐way area to be vacated. Some form of legal protection will be needed for the pipes, electric, well sites, access roads, etc. serving these installations.
Fire:
No Comments
GIS:
Be aware that the name of the ROW west of I‐95 was changed from Opossum Camp Rd to W Indian River Blvd per the County 9‐1‐1 street data.
Staff Recommendation:
Staff believes the proposed abandonment and vacation is substantially consistent with the Comprehensive Plan’s Goals, Objectives, Policies and the City of Edgewater’s Land Development Code.
The Planning and Zoning Board on September 13th recommended to send a favorable recommendation to City Council on a 6-0-1 vote.
BUDGETED ITEM: ☐ Yes ☐ No ☒ Not Applicable
BUDGET AMENDMENT REQUIRED: ☐ Yes ☐ No ☒ Not Applicable
RECOMMENDED ACTION:
Staff recommends approval of Resolution 2023-R-27.