640 & 650 Begonia - Stormwater & CO QuestionsJason – As discussed, see attached SJRWMD permit documentation for this
development. The developer opted for this route to avoid our onsite
storage requirements in Sec. 24-68. Sec 24-68(b)(6) states:
Projects previously permitted by the St. Johns River Water Management
District (SJRWMD), which have an in-compliance existing retention or
detention that collects and controls stormwater are exempt for further
onsite storage requirements; provided, however, a copy of the Engineer's
Certification of As-Built Construction to the SJRWMD must be submitted
to the city before building permits for individual lot construction may
be issued.
A drawing of the lots and stormwater management facility, along with
the HOA docs, are attached to this documentation. The original developer
never turned the HOA over the property owners, which is causing us a
problem now because the stormwater management facility is not
functioning as designed, there is no responsible entity for its
maintenance so is not in compliance with the permit.
The owner of 640 & 650 Begonia bought those two lots from the original
developer, built a home on each lot and now wants a CO for the homes. We
are holding it up until the stormwater issues are taken care of, but the
owner, Kyle Brady, is arguing that it is not his responsibility as a
homeowner. I attached an email from him to the state that was based on
my conversation with him a few weeks ago. So, he at least acknowledges
that it is a problem and is trying to correct it.
Also attached is a restrictive covenant for 620 & 630 Begonia that we
require for properties that have stormwater management facilities. Of
course in this case it is probably a moot point since these were likely
never recorded. Let us know your thoughts. Thanks – Steve