AB-2102 - Aski Development, LLC and Maryann Malecki-Thorhallsson abandonment of Boston Road right-of-way east of Riverside Drive to the Indian River.

ITEM DESCRIPTION: Title AB-2102 - Aski Development, LLC and Maryann Malecki-Thorhallsson abandonment of Boston Road right-of-way east of Riverside Drive to the Indian River. Body OWNER: City of Edgewater REQUESTED ACTION: Abandonment of Boston Road right-of-way from Riverside Drive to the Indian River for re-development of a marina. LOCATION: Boston Road right-of-way from Riverside Drive to the Indian River. AREA: .47? acres PROPOSED USE: Parking area/access easements CURRENT LAND USE: Vacant FLUM DESIGNATION: N/A ZONING DISTRICT: N/A VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential B-4 (Tourist Commercial) East Indian River Indian River Indian River South Multi-Family Residential Commercial B-4 (Tourist Commercial) West Single Family Residence Low Density Residential R-3 (Single Family Residential) Background: On July 1, 2019 the City Council approved Ordinance 2018-O-33 which approved a rezoning of the subject property owned by Aski Development, LLC ("Aski") from B-4 Tourist Commercial to Business Planned Unit Development (the "BPUD"). Maryann Malecki-Thorhallsson is an abutting property owner to the Aski property. Ms. Thorhallsson filed a complaint against the City and Aski in the Circuit Court for Volusia County, Case No. 2019 11291 CIDL (the "Lawsuit") alleging that the rezoning of the subject property to BPUD was inconsistent with the City's Comprehensive Plan. On September 22, 2020, the Circuit Court entered a Final Judgment in favor of the City and Aski in the Lawsuit. Thereafter, on November 6, 2020, the Plaintiff/Appellants filed a Notice of Appeal of the Final Judgment in the Fifth District Court of Appeal, Case No. 5D20-2378 (the "Appeal"). The parties have negotiated a settlement of the Lawsuit and Appeal which was approved by the City Council. Pursuant to the settlement Aski and Thorhallsson agreed to submit a joint application to vacate the Boston Road right-of-way between Riverside Drive and the Indian River. The City agreed to process the Boston Road right-of-way vacation as expeditiously as possible and schedule the application for public hearing in front of the Edgewater Planning & Zoning Board and then the City Council. As a condition of approving the Boston Road right-of-way vacation application the City required that Aski grant, prepare and record a perpetual and non-exclusive 25' ingress/egress and utility easement in favor of Thorhallsson. The City also required that Thorhallsson and Aski grant the City a perpetual and non-exclusive 60' wide access, drainage and utility easement benefiting the City and occupying the same footprint as the existing Boston Road right-of way. Ms. Thorhallsson and Aski will also grant Florida Power & Light Company a utility easement. Ms. Thorhallsson owns the property abutting the existing right-of-way to the northeast. Aski owns the property abutting the right-of-way to the northwest and the property abutting the right-of-way to the south. Therefore, if the right-of-way is abandoned, approximately one-quarter of the abandoned right-of way will revert to Thorhallsson and three-quarters will revert to Aski. The proposed abandonment and vacation will not affect the ownership or access of persons owning adjacent property. Land Use Compatibility: NA Adequate Public Facilities: NA Comprehensive Plan Consistency: NA RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for AB-2102