SUBJECT:
Title
Presentation of a Citizen’s Concerns regarding a Neighboring Property Owner’s Use of the Drainage Right-Of-Way within the Cedar Shores Industrial Park Subdivision, Recorded in Plat Book U, Page 51 (Budget Impact - None)
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INITIATOR: |
DEPARTMENT: |
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Steven Cohoon, P.E., County Engineer |
Office of the County Engineer |
DESCRIPTION/BACKGROUND:
Mr. Timothy Ennis provided public comment during the June 18, 2024 regular meeting of the Board of County Commissioners. Prior to this meeting, Mr. Ennis had also shared his concerns with County Staff and Commissioner Curry. County staff has made several site visits. Mr. Ennis owns property west of the Cedar Shores Industrial Park subdivision and has concerns that a portion of the drainage right-of-way (DROW) reserved within the Cedar Shores Industrial Park has been encroached on by a property owner. The area of concern is that portion of the DROW located between Lots 5 and 6 of Block A as shown in Plat Book U, Page 51.
Mr. Ennis expressed concerns regarding how the owner of Lots 5 and 6 (common ownership) has piped the drainage within the DROW and has constructed their parking lot within the DROW. He also has shared concerns with general activity within the DROW and fallen trees, and he questions placement of well and septic on the parcel. Mr. Ennis has indicated he has no drainage issues and staff has not found concerns with how the drainage system is functioning. This is a 1981 plat that pre-dates many drainage requirements; the DROW appears to have been designed as a conveyance system that sends the drainage to a Florida Department of Transportation drainage retention area located south, adjacent to Maricamp Road. The plat dedicated the “improvements” to the public and the Board accepted this subdivision for maintenance in 1987.
In 1996, Lot 5 received a Marion County building permit using a site plan that showed a parking lot being constructed in the DROW and the DROW being piped. The plan called out the DROW as an easement and not a right-of-way. In 2000, Lot 6 developed, tying their improvements to those already constructed on Lot 5. A development timeline of greater detail is attached.
The following options are provided for the Board’s consideration:
1. Require the property owner of Lots 5 and 6 to remove all items (fencing and miscellaneous personal items) from the DROW that are not associated with the permit condition of a parking lot and stormwater piping.
2. Require the property owner of Lots 5 and 6 to remove all items (fencing, miscellaneous personal items, parking lot and drainage piping) from the DROW as the permit from 1996 was erroneously issued.
3. Vacate the DROW between Lots 5 and 6 and reserve a drainage easement in its place. Lots 5 and 6 are owned by the original subdivision developer and vacating the DROW will return the property to the original owner.
Staff recommends option 3.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
For Board discussion and consideration.
end