On March 19, 2019, City Council approved Ordinance No. 2019-2152 that approved the Planned Development District (PDD) for the development of a 66 unit subdivision, Oyster Bayou, on the north side of Green Key Road between Manor Beach Road and Heavens Way. The approved Oyster Bayou PDD provided for the development of cottage units with Recreational Vehicle (RV) parking with each cottage unit. Oyster Bayou also includes a private recreational area, commons areas, conservation areas, internal roads, stormwater system, and utilities. All infrastructure internal to the Cottages at Oyster Bayou (i.e. roads, stormwater, utilities) will be owned and maintained by the Cottages at Oyster Bayou Homeowners Association, Inc.. The City has no maintenance responsibility of infrastructure internal to the subdivision.
Initially, the Developer elected to proceed with the project on a build-plat process. The build-plat process is the subdivision process where the Developer must complete the construction of all site infrastructure prior to the approval of the final plat for the subdivision. On May 30, 2019, the Developer received the permit to commence site construction under the build-plat process. The subject property is currently under site construction, but it is not complete.
The Developer approached the City to change from the build-plat process to the plat-build process. The plat-build process is the subdivision process where the Developer must provide the City with a financial guarantee to cover 110% of the cost of the completion of the subdivision infrastructure. With the financial guarantee, the City may then approve the final plat. Approval of the final plat allows the Developer to sell the lots.
The request before the City Council is to approve the final plat through the plat-build process. The Developer provided an engineer’s estimate of the cost of completion of the subdivision infrastructure. The City’s Public Works Department reviewed the engineer’s estimate of cost and accepted the estimate. The Developer has provided the City with a financial guarantee of $156,750, which is 110% of the approved engineer’s estimate of cost.
The final plat provides for a total of 58 lots for 58 cottages, which is less than permitted under the approved PDD (66). In addition to the 58 lots, the final plat includes a private recreational area, internal roads, stormwater system, utilities, and easements in favor of the City for services such as fire, police, and other City services. Heavens Way, which is located in the southwest corner of the subject property, is a Pasco County maintained road and provides access to the unincorporated Pasco County Peninsular Paradise subdivision adjacent to the west of the Cottages at Oyster Bayou.
The final plat has been reviewed by City staff and the City Attorney. In addition, as required by Chapter 177, Florida Statutes, the City’s contracted professional land survey has reviewed the final plat for consistency with the requirements of Chapter 177, Florida Statutes.
After the final plat is approved by the City Council, then the Developer must record the final plat with the Pasco County Clerk of the Court. After the final plat is recorded, then the Developer may sell the platted lots. Once the subdivision infrastructure construction is completed by the Developer, then the City, as well as other agencies such as the Southwest Florida Water Management District and Florida Department of Environmental Protection, must inspect and approve the infrastructure improvements prior to the release of the financial guarantee and prior to the issuance of any certificate of occupancy for the cottages within the subdivision.
Included for the City Council’s consideration will be:
1. The final plat;
2. The financial guarantee; and
3. The draft “Declaration of Covenants, Conditions, and Restrictions for Cottages of Oyster Bayou” prepared by the Developer.
The attachments will be distributed prior to the meeting.