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HomeMy WebLinkAbout1991 05 01 - Request for Intersection Improvements... /•� BOAwD OF COUNTY COMMISSIOtvZRS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (407) 567-8000 May 1, 1991 Mr. Bruce Cooper City of Sebastian City Hall P.O. Box 780-127 Sebastian, Florida 32978 SUBJECT: Vickers Grove Dear Bruce: Soncom Telephone: 224.1011 I am transmitting to you a copy of a portion of the minutes of the Board of County Commissioners meeting dated April 2, 1991 which pertain to Vickers Grove Development. By copy of this letter, I am requesting Mike Dudeck, County Traffic Engineer, to begin communications with the D.O.T. initiating intersection improvements at US 1 and Vickers Road. Please, contact me if you have any questions. Sincerely, 0� James W. Davis, P.E. Public Works Director JWD:blp bcooper. attachment: 1) April 2, 1991 Minutes cc: James Chandler, County Administrator Michael S. Dudeck Jr., County Traffic Engineer Stan Mayfield, Masteller, Moler, and Mayfield Bob Keating, AICP, Community Development Director r, TO: James E. Chandler, County Administrator FROM: James W. DavisP.E. Public Works Director— 1l SUBJECT: Request by Developer Henry Fischer for County to Improve 99th Street/US 1 Intersection and to Widen 99th Street West of US 1 REF. LETTER: Henry Fischer to Margaret Gunter dated 3-26-91 DATE: March 27, 1991 FILE: fischer.mar DESCRIPTION AND CONDITIONS Henry Fischer is initiating development along. the north side of. 99th street (Vickers Rd.) within the City of Sebastian. The County and City staff have recommended that the developer submit a Traffic Impact Study to determine the ••-development's impact on the county, city, and state road system. Mr. Fischer retained a Traffic Engineering Consultant to prepare and submit a traffic study as requested by the City. The results of the study that the following improvements should be constructed to indicate maintain adopted Level of Service standards: 1) US 1/99th Street Intersection Construct a northbound left turn lane along US 1; Construct an eastbound right turn lane along 99th St.; Construct- a southbound right turn lanealong US 1; Signalize 99th Street/US 1 if warrants are met. 2) 99th Street Widen pavement to 24' 3) CR517./US 1 - County improvements should be complete Prior to project completion. 4) CR510/US 1 - Construct an exclusive left turn lane at east and West approaches. 5) Construct signage to prohibit industrial truck traffic being routed through Sebastian Highlands. ALTERNATIVES AND ANALYSIS Tile above items should, be required by the City of Sebastian as development conditions. Items 1, 3, and 4 are eligible for Traffic Impact Fee Credits. Item 2 is a recommended safety improvement since large trucks will use 99th Street to ingress/egress the industrial land use. This improvement does not provide additional laneage but would widen the existing road by 4' to accommodate wider vehicles. Tile County has contacted the DOT and requested that tl:e DOT construct the northbound left turn lane at Us 1/Vickers Road (see attached June 19, 1909 letter from Chairman Gary Wheeler to William Lewis, DOT), but no response has been received. 211 n RFCOMMENDATIUNs AND FUNDING The above conditions are being recommended by County staff to the City of Sebastian for consideration. Since the City Is the permitting authority, the County should not be the party to relieve the developer of the traffic improvements requested by County staff. Furthermore, staff agrees with the Traffic Consultant that these Improvements are necessary. Staff has also indicated to Mr. Fischer that if 99th Street currently is in need of resurfacing, the County would Provide the asphalt to widen 99th Street if he would construct the base widening. I 31IIP..31S RANGE 39E Plioro ffF r,ze INFORMATIONAL PLAT - NOT A SURVEY t1 N I 25 MIs ~110MESITES Sio 1 SEC. 21 1h J l;:f': 'I _ 11 I 25 MIs ~110MESITES Sio 1 SEC. 21 1h Conuni ss ioner Scurlock asked why this matter is before us instead of the City of Sebastian. Director Davis advised that we did write a letter to Bruce Cooper, Sebas t Ian Connwnity Development DI rec tor, re the traffic study reconmending these improvements be constructed prior to the project being finaled out, and Dr. Fischer wrote a letter basically requesting we rescind our recommendation. Comnissioner Scurlock believed we have an agreement to coordinate with Sebastian projects ,that are on the boundary line and have some impart on the county, and we can make comments and then Sebastian has the ability either to accept or reject them, and that was confirmed. Commissioner Bowman wasn't clear as to who owns 99th Street, and Director Davis advised that it is a county road, but there Is a short portion within the city. The city limit line is somewhat at a border at that point. The proposed development is within the city north of 99th Street, and a very short portion of the road west of the railroad tracks goes through the city limits. The remainder of the roadway is In the county. He continued that staff concurs with some of the Items In the traffic study, the impact fee credit, etc., and staff feels that widening of 99th is a safety factor to accommodate the trucks that,would be attracted to the industrial use proposed in that area. Chairman Bird inquired with which of the recommended condi- tions Dr. Fischer might have a problem. Director Davis referred to Item 1 about constructing various turn lanes at the U.S.1/99th Street Intersection, the eastbound right turn lane along 99th, and eventual signallzation of that Intersection. He believed that Dr. Fischer feels that some of these Improvements should be done by the DOT or the County since other projects in the area do utilize 99th St. Chairman Bird asked if it is staff's recommendation that Dr. Fischer do all those improvements, and Director Davis clarified that it is staffs' recommendation that those Improvements should be done prior to all the impacts of the project being at that location. Conmissioner Scurlock asked if the Commission did not relieve Keith's Oil Can of a similar responsibility at that same intersection because that improvement was supposed to be on a DOT project, and whether we didn't write the DOT urging that they carry out that improvement. Director Davis agreed that we did, but pointed out that was in 1989 and the difference Is that we now have concurrency be Ing imp I emen led. 0 i I Coll""ssioner Scurlock asked if concurrency wouldn't come at the paint when Dr. Tischer .goes to pull the building permit that exceeds the iron spur tation service level, and he believed that concurrency would be a problem for the City of Sebastian to deal Witt), not us. Director Davis felt it could be a multi -jurisdictional problem because of possible impacts in the county area. Commissioner Scurlock believed there were representatives from Breezy Village who had indicated they had an Interest in participating and possibly making an area special assessment to institute some of these improvements. Director Davis noted that in 1969 he proposed a special assessment district be drawn up, and as you can see from the map, Breezy Village would be in the benefited area. Commissioner Scurlock continued to discuss the proposed turn lane improvements and asked if we wouldn't bei Inconsistent If we were to require another individual in this area to do the same thing we did not require of Keith's Oil Can because we thought it was the responsibility of the DOT. Commissioner Eggert believed concurrency Is the answer and asked if there wasn't another property up there that was required to put in a turn lane. Director Davis confirmed there was a 6,3 acre parcel at the northeast corner of the railroad and Vickers Road that was required to put in some of these Improvements prior to obtaining a C.O. What transpired there is that the building went up and apparently there were some funding problems with the result that a C.O. was never pulled and the building has been sitting there a number of years now. Commissioner Scurlock felt the whole question Involved here is not whether the improvements are needed, but who Is respon- sible to pay for them - the DOT, the County, the adjacent property owners, Dr. Fischer, or a combination thereof. Chairman Bird wished to go over the list of proposed improvements; identify what needs to be done and whose responsi- bility it is; and then let Dr. Fischer comment. Director Davis believed he had already gone over the U.S.I/ 99th Street intersection turn lanes, and Commissioner Eggert asked about the traffic signal and the eastbound turn lane on 99th Street. Director Davis advised that the signal warrants need to be met first. That is an Integsection of a state roadway and a, county roadway; so, the DOT would have to approve signalization and the local government would have to pay for It. The volume 27 I warrants are not there at this time, but he believed as the development goes in, it will trip the volume warrant. As to the eastbound right turn Fane, that Is a problem now because the vehicles waiting to left turn wait so long that they cause a lengthy delay for those wanting to right turn to go south on U.S,I., and that probably would be a county or local area responsibility. Chairman Bird thought that staff had said everything lumped under Item I was Dr. Fischer's responsibility. Director Davis explained that It all relates to timing. If the developer wants to proceed prior to the County's Improvement being implemented, then we allow the developer to do the project and get a traffic impact fee credit for that Improvement. Chairman Birdasked if he was saying that the 5 items under Item 1 are Dr. Fischer's responsibility, and Director Davis agreed that they are his responsibility if'the development is going to proceed prior to the County doing the improvements. Director Davis then addressed Item 2 and advised that the widening of file pavement of 99th Street to 24' Is to accommodate the type of vehicle attracted to an Industrial area - it Is more r Of a safety improvement, and they do not feel It would be traffic impact fee creditable due to the nature of the development. They feel that also would be Dr. Fischer's responsibility unless the County gets to it before he develops. Commissioner Scurlock felt the whole issue Is where the development is triggering usi we are going to do the Improvement but we don't have money or it is not on the priority list, and he has some problem with that because he felt if this Is a county responsibility, it ought to be a county responsibility. Director Davis. noted that the problem with reacting to meet the needs wherever these developments may occur is that It plays havoc with our priorities. Commissioner Scurlock addresseyi the question of cash flow, the possibility of bonding] etc. lie felt that there Is no question that the improvement will be necessary. This Inter- section has been before us several times before, and while he agrees that Dr. Fischer has some responsibility to that Intersection, he is only part of it. Commissioner Scurlock, therefore, had some problems with who pays and when they pay, and saying it is a county responsibility, but we don't have any money now so we are going to put the burden on this developer; and then he gets an impact credit if It is on the 20 year plan and we must track all this. Director Davis again stressed that In 1989 we recommended an assessment district for this purpose, but there was a lot of 28 debate about the feeling that the DOT should perform these tasks, and staff at that time prepared a letter for Chairman Wheeler's signature to request the DOT to carry out their project and do tills work. We never received a response to that letter, and we called about this again recently and did not get a response to our call. Commissioner Scurlock did not feel that DOT lies adjusted to the new Comp Plan concurrency requirements that anticipate the need because DOT does not move until the need can be demonstrated. Director Davis agreed there is a difference in philosophy. Commissioner Scurlock went on to discuss the possibility of having a building moratorium in certain areas of the county because of Problems with the state roads. Fie questioned what happens and how it is enforced if a county continues to issue building permits that exceed service levels. He felt strongly that this system needs a lot of work and felt we should address our Leuislature and tell them that they are operating off a different page than we are and there is a time lag. Director Davis next addressed Item 3 which recommends that Comity improvements at CR 512/USI should be complete prior to project completion. lie advised that the County is currently engineering that improvement. There has been some question about the railroad overpass, but if the twin pairs project Is not implemented, or some project is not Implemented, then we will have problems with 512 and USI. Currently we are on track with that project, and it is in the radius of Influence of this project. Fie felt tills is 3 good example of the impacts improve- ments to these roads have on development because unless we implement some project here, we will have a problem with concurrency. Comnissioner Scurlock asked If Director Davis was saying that if we don't move ahead with 512, we could be at moratorium - time in that whole radius of influence. Questions followed as to the area that radius takes in, and County Traffic Engineer Michael Dudeck explained that this Is not 'based on mileage but relates to the fact that there are very .few roads in this area for the traffic.to get on. Radius of Influ- ence fluctuates; it depends upon the roadway system that will support that given development; and It can vary a great deal. Director Davis continued that the 512 improvements would be the County's responsibility unless for some reason our 512 project is delayed. Timing is an Issue relating to whether the developer wants to wait until those improvements are complete or whether he wants to move ahead and pay the premium and apply for 29 traffic impact fee credit. we prefer, however, to continue on With our project and implement that improvement. Commissioner Scurlock again brought up the Option of bonding these imlirovemr.n t s and accelerating the program, which approach he does not necessarily support. He stressed that this is a very complex issue and that concurrency is a much more serious matter than anyone yet realizes. ' Director Davis moved on to Item 4 - constructing an exclu- sive left turn lane at the east and west approaches at CR510/USI. He informed the Board that is a project we do not have In engineering at tills time, and fie believed this is the first deveIopmont that has triggered it. Here again, if the developer wants to do it and get traffic impact fee credit, he can do it. In discussion, the Chairman noted that apparently what we are saying regarding 510 is Fischer now or the County later. Director Davis advised that iter, 5 in regard to signage to prohibit industrial truck traffic being routed through Sebastian 1119hlands is the responsibility of the developer. - Dr. Henry Fischer came before the Board, lie agreed that concurrency is the problem with the City of Sebastian. He noted that Sebastian Conmunity•Development Director Bruce Cooper is here, and he is concerned with the letter Jim Davis sent him. He is worried that if it is a reconrnendation and they don't do it, that later on the state will come back on them for it. Dr. Fischer personally felt that both his own consultant and Mr. Davis are right on course and that these Improvements are needed whether he builds his subdivision or not. He continued that the turn lane to the right out of Vickers and 99th Street Is needed now. Ills percentage of use is only 58. His percentage of use Is less than 53 at 510; it is about 6% into 512; and at Schumann Drive and Englar, it is 238. Dr. Fischer stated that 458 of his traffic goes out 99th Street and 658 of his traffic goes Into the City of Sebastian by those back roads, He felt impact fees and percentage of use by him are a problem and pointed out that Jong's vegetable market and other vegetable stands that are major traffic treaters with great impacts weren't required to make any improvements at all, not to mention Keith's Oil Can. He feels as if he is caught between the County and the City on concurrency, and he would like to have some relief Commissioner Scurlock asked of all the Improvements on tills list what Dr. Fischer does feel is his responsibility and what he would like to see made now. Dr. Fischer advised that the last one with the signage in the subdivision is part of his site plan recommendation by the City, and he will have to do that. fie would like to work with 30 the County and do the limerock section on the 4' addition to 99th Street and be reimbursed out of traffic impact fees for the cost of the l!me rock and then the County can come 1n and asphalt that road. Ne believed if, 1s was recommended by Mr. Davis. That Is his position because the problem is already there - Breezy Village is there; New Horizons is 'there; and there are existing industrial places (fertilizer and chemical suppliers) which are non -Fischer, and there area lot of recreational uses. Chairman laird noted that he, therefore, is agreeing to do the signage and the widening of 99th Street, if he can get credit for the sub -base, but what about the other 3 recommended Improve- ments? Dr. Fischer felt those are the responsibility of the DOT because he is only a minor user. Commissioner Scurlock agreed that we have had many incidents Of this intersection being raised as a problem area, and Dr. Fischer stressed that 99th Street is a joint problem; It Is Just a short feeder road. Discussion continued at length in regard to the complexities Involved, the possibility of an 'assessment district, the possi- bility of bonding, cash flow, deficit situations, impact fees, the fact that more development creates more Impact fees, the fact that CR 512 is one of our top priorities, and the effects of concurrency. Commissioner Scurlock agreed that this Is•a dilemma, and he believed it is the responsibility of the County Commission to find a solution. He did not think there is any question the Intersection should be improved, and asked if we can fund those improvements and get an agreement with DOT to refund that cost as their cash flow allows. Director Davis felt we can pursue that but noted the DOT is reluctant to sign an agreement unless that Improvement Is In their current 5 year plan. Commissioner Scurlock recapped that Dr. Fischer has agreed to Items 2 and 5. As to the other items, Commissioner Scurlock did not think Dr. Fischer should have to do 3 and 4, and although Item 1 needs to be done, lie did not feel that Is all Dr. Fischer's responsibility. Chairman Bird concurred with Commissioner Scurlock's summa- tion. Ile agreed that Item 1 definitely needs to be done and felt that Dr. Fischer should participate to some degree. Curmiissioner Scurlock felt it is the County's responsibility to step forth and do something about tills, possibly even If DOT doesn't. This is a very busy Intersection, and he would like to accelerate this and get the turn lanes. 31 a Commissioner Eggert felt that would create the opportunity to get the .signal. Considerable discussion ensued re the Improvements in Item 2 and whose responsibi l l ty. they are, and Director Davis confirmed that the eastbound right turn lane on 99th is not on the DOT System and would be a county road. Commissioner Bowman inquired about the cost Involved with Item 1, and Director Davis estimated roughly about $50/60,000. Dr. Fischer stated that he did not have any problem with doing the eastbound turn lane on 99th and getting an Impact fee credit. Chairman Bird asked if he would participate in the signal- Izatlon and get a credit for that, too, but Dr. Fischer had a problem with that as he believed the signal is warranted even If he doesn't build his project. Debate followed as to who would participate in the signal- Ization, the benefited area, our capital improvements program, etc., with Dr. Fischer continuing to contend that the signal Is required whether or not he builds. Commissioner Scurlock wished to offer a Motion and noted that he would not include doing the signal. Commissioner Bowman brought up the credit for limerock, but Commissioner Scurlock felt that staff should work that out with Dr. Fischer. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously agreed to the following; Item I - Try to enter Into an agreement with the DOT to get turning lanes built on u S.I.; Dr, Fischer to go ahead with tine eastbound right turn lane on 99th St and get Impact fee credit; no signal now, but keep Pressure on the DOT for this. Iter 2 - Dr. Fischer to widen 99th St, to 241. Item 3 - Not Fischer's responsibility. Item 4 - Not Fischer's responsibility. ltem 5 - signage Fischer's responsibility. 32