On March 19, 2019, City Council approved Ordinance #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. Therefore the City has no maintenance responsibility of infrastructure internal to the subdivision.
On December 15, 2020, the City Council approved the final plat for The Cottages at Oyster Bayou with the condition that the discrepancy with the right-of-way for Heavens Way, a Pasco County road, be resolved prior to the final plat being signed by the City for recording. Since that time Pasco County has determined that the Heavens Way required right-of-way is 50 feet. This determination by Pasco County resulted in an impact to the final plat. As a result of the additional right-of-way required by Pasco County for Heavens Way, a portion of Lot 1 and a portion of a Drainage Tract “E” had to be reduced in size. Because the lot configuration was altered and the right-of-way expanded for Heavens Way, the final plat which was previously approved must be re-approved by City Council.
The significant changes to the final plat, as compared to the final plat conditionally approved in December 2020 are as follows:
1. Right-of-way for Heavens Way is expanded and noted as a Pasco County maintained roadway;
2. Lot 1 is reduced in size and will be limited in its use;
3. Drainage Tract “E” in southwest corner of property reduced in size.
Pasco County has reviewed the revised final plat and has no objections to the revised final plat. However, Pasco County is requiring the Developer to provide a proportionate share payment to Pasco County for future improvements to Green Key Road and Heavens Way. The approval of the revised final plat does not remove the Pasco County requirement for the transportation proportionate share payment by the Developer.
As result of the changes, an amendment to the Planned Development District ordinance for The Cottages of Oyster Bayou will be submitted to the City Council at a later date to reflect the changes to the project as a result of the revised right-of-way for Heavens Way and specifically the impact to Lot #1.
In addition, 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 was 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, the Developer must then 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.