A proposed LGBT-friendly affordable housing project for seniors has already been slammed for its institutional looks and lack of parking.
And now problems with storm water runoff may wash everything up if the issue isn’t resolved.
An attorney for the Townhomes of Riverside Homeowners Association sent the city a letter threatening an injunction if the project proposed by Carrfour Supportive Housing Inc. routs storm water across the Homeowners Association’s land.
“Because the easement agreement does not allow flow from any new drainage infrastructure on the adjacent property through the Association’s property, any such additional flow will be a trespass subject to an injunction,” attorney Jessica R. Lokeinsky wrote in the letter.
The site at 2040 N. Dixie Highway is also home to the Pride Center at Equality Park. The parcel relies on the Townhomes of Riverside’s land for drainage to the Middle River.
An easement agreement for the property doesn’t extend such rights to new development and the Homeowners Association is currently unwilling to revise the agreement.
David Coviello, an attorney for Carrfour, said the matter will be resolved.
“At the time of permitting, the project will meet all city and county standards, and provide all necessary infrastructure, including water, sewer and storm water facilities,” Coviello said.
According to a July 24, 2018 letter from Lokeinsky, the rights for drainage through the association’s property are only for the “utility infrastructure serving those improvements existing on April 24, 1994, the date the easement agreement was recorded.”
Matthew Dreger, president of the Townhomes of Riverside Homeowners Association, said the issue is of concern because the exit for storm water runoff for the Pride Center property is on the Townhomes’ property and they were never consulted.
“I have mentioned to Carrfour and the Pride Center multiple times and at Planning and Zoning that there is an issue with the storm water system,” Dreger said. “If they put a shovel in the ground it’s going to be a problem because it’s a violation of the covenant.”
He said the proposed Carrfour building is also slated for construction atop one of the main drains for storm water runoff. He said there is already a drainage problem on the property, which is frequently immersed in pools of standing water after heavy rains.
“The Pride Center should have certainly come to the HOA a long time ago and [said] they wanted to build this property and this was going to be a change to our covenant,” Dreger said.
“I think the best thing to happen would be for them to put in their own storm sewer exit to drain their water. We can sever our ties with them and we don’t have to have a relationship with them anymore,” Dreger added.