Title:
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Spring Valley Farms Bridle Path Easement Staff Briefing. District3 - Constantine (Rebecca Hammock, Development Services Director)
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Division:
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Development Services - Planning and Development
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Authorized By:
Darren Gray, County Manager
Contact/Phone Number:
Rebecca Hammock/407-665-7396
Background:
Executive Summary
At a prior Board of County Commissioners Meeting, Commissioner Constantine during his district report brought forward the topic of the Spring Valley Farms Bridle Path Easement for future discussion of a possible administrative vacate. The Board agreed to have staff bring back additional information for further discussion.
The Spring Valley Farms subdivision is located south of SR 436, east of SR 434, and west of Wymore Road in unincorporated Altamonte Springs in County Commission District 3.
The Spring Valley Farms subdivision consists of ten (10) platted sections.
• Sections 1 and 2 do not include a bridle path easement.
• Sections 3 and 8 include a combined bridle path and utility easement.
• Sections 4 through 7 include a bridle path easement.
The Planning and Development Division recently received two separate requests to vacate portions of a bridle path easement in the Spring Valley Farms subdivision.
After reviewing the requests, staff recognized the easement is not maintained and is no longer in operation. Furthermore, the subject property is zoned R-1AAA (Single-Family Residential) and the keeping of horses is not a permitted use.
History
Spring Valley Farms Sections six and seven were platted in 1968 and included a 25’ bridle path easement dedicated to the perpetual use of the public. The bridle path easement connected to a horse stable, which is no longer in operation and the bridle path is not in active use. Furthermore, the path has not been maintained.
For one of the vacate requests, (PZ23-00900007, parcel 22-21-29-504-0E00-0230), the property owner submitted the required documents and is ready to move forward for approval. For the second (PZ23-00900008, parcel 22-21-29-505-0E00-0550), the County is waiting for a legal sketch and description before moving forward. The second requestor is asking to replace an existing shed in the easement.
Based on a review of the aerial maps, multiple properties that abut the easement have existing fences within the easement, and there may be accessory structures that encroach as well. There is an existing 30’ open space buffer adjacent to a portion of the bridle path easement in section 7 of the subdivision plat.
The County Attorney’s Office recommended possibly vacating the easement administratively for the entire subdivision rather than in reaction to each vacate applied for by property owners in the subdivision.
For the existing applications, the petitioners have already applied for the vacate and in some cases paid for the additional survey work. If the County moves forwards with the administrative vacate, the application fees could be refunded to the applicants.
Process Moving Forward
If the Board wishes to administratively vacate the bridle path easement instead of processing on a case by case basis, staff recommends administratively vacating the entire bridle path easement in Sections 4 - 7 of the Spring Valley Farms Subdivision.
Sections 1 and 2 do not include the Bridle Path Easement.
Sections 3 and 8 include a combined bridle path and utility easement, therefore due to the utility easement, staff is unable to recommend a vacate for these two plat sections of the Spring Valley Farms subdivision without further research.
Staff also recommends sending notices to all affected property owners and holding a community meeting advising the property owners of the vacate prior to any formal action by the Board.