SUBJECT/RECOMMENDATION:
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Approve the Termination of the Second Amended and Restated Development Agreement between 25 Countryside West, LLC, (property owner) and the City of Clearwater, as well the associated Termination and Release of Declaration of Restrictive Covenants, adopt Resolution 15-24, and authorize the appropriate officials to execute same.
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SUMMARY:
The property is subject to rezoning and land use plan amendment (LUZ2004-08005) which was contingent upon approval of Development Agreement DVA2004-00004. LUZ2004-08005 changed the zoning of the property from Open Space/ Recreation (OS/R) to Medium Density Residential (MDR) and land use from Residential/ Open Space (R/OS) to Residential Urban (RU). The zoning and land use allows for 7.5 dwelling units an acre and as the subject property is 44.2 acres, 331 units are allowable. The Development Agreement included restrictions to the development of the property specifically allowing only 280 townhouse units. The Development Agreement was amended twice through application DVA2004-00004A. The Development Agreement is in effect until May 30, 2016.
Subject to the rezoning, land use and development agreement being approved, Flexible Standard Development application FLS2005-08060 was approved on February 21, 2006. However, this has since expired due to inactivity.
FLS2015-09020 has been submitted and reviewed by the Development Review Committee (DRC) which proposes a 330-unit attached dwelling (apartment) development which is 50 units more than the Development Agreement allows. The applicant is requesting termination of the Development Agreement as amended to allow for the additional 50 units, and the different style of development.
Terms of the Development Agreement as amended:
§ Restricts development of the property to 280 units
§ Restricts height to a maximum of 35 feet (two stories)
§ Restricts the units to be townhomes
§ Requires development to be in substantial conformance with the concept plan
§ Requires specific landscape buffering and building setbacks
§ Requires extension of the existing turn lane on Countryside Boulevard
§ Requires extension of the existing turn lane on Enterprise Road
§ Requires a utility easement to be granted to the City for constructed water lines
§ Prohibits vehicular access to Laurelwood Drive
§ Requires a six-foot high buffering fence along the east property line
§ Restricts egress from property onto Enterprise Road to a right out movement
§ Requires deed restrictions to be recorded for the property to generally describe the development limitations of the Development Agreement
Revocation of a Development Agreement:
Pursuant to CDC Section 4-606.J., a Development Agreement may be revoked in the event the City Council finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement. There has been no activity on the site since May of 2006 (other than the proposed FLS2005-09020), and the aforementioned term of the Development Agreement that has occurred is the recording of the deed restrictions.
The Community Development Board reviewed the request at its public hearing on November 17, 2015, and unanimously recommended approval of the request.