The Oyster Bay PUD was established via Ordinance 1992-07. The PUD allowed for the development of 399 dwelling units to be comprised of single family attached and detached homes in phases. It also established amenities, open spaces, buffers, a marina/docking facility, building restrictions, landscaping, parking, sidewalks, trails, and other development standards and restrictions. Previous phases of Oyster Bay have developed 216 lots. The Villas at Oyster Bay Harbours proposes to develop 53 lots on approximately 81.71 acres within the Oyster Bay PUD. The roads for the Villas at Oyster Bay Harbours have been constructed in accordance with the approved site engineering plans. On August 30, 2015 the preliminary plat was approved by the Development Review Committee (DRC). However, due to complications with the State of Florida, the Final Plat was unable to be executed within the 12 month timeframe, and as such, expired. The revised preliminary plat was submitted to the DRC on October 13, 2016 and approved by the DRC on November 3, 2016.
The PUD has been reviewed for its consistency with the proposed plat. Upon review it was noticed there were a few incomplete requirements for the approved PUD. The inconsistencies are described below.
In regards to the community dock/pier:
The county noted: The PUD application (p.5) states that this will be built "at the southeast border" of development several hundred feet into the marsh and will only be accessible to residents- it does not appear to have been constructed. Please confirm the status of this improvement.
The agent for the development responded: The Florida Department of Environmental Protection (DEP) included a conservation easement along the Eastern marsh to prohibit docks in order to permit the main marina in the development. Once the conservation easement was recorded this amenity could not be permitted.
In regards to multi-purpose play fields:
County staff noted: The conditions included in the Ordinance by the County (#5) state that a multi-purpose play field will be constructed in the Woodland Amenities Center area during Phase 2. Please confirm the status of this improvement.
The agent for the developer responded with: Private recreational amenities including clubhouse, community pool and tennis courts. Developer stated that multi-use field was not constructed in Phase 2 due to lack of available land on site. Open recreation area was instead included elsewhere in the development.
In regards to the multi-purpose access trail:
The county noted: The conditions included in the Ordinance (#6) by the County include provisions for a minimum 6' wide trail to be constructed between the Woodlands amenity center and the Marina amenity center, to be completed by the time the Marina is constructed. It appears a trail has been constructed through the northern part of the development site to the marina. Please confirm this and whether or not a trail system has been constructed through the development to the south to the Woodlands amenity center.
The agent for the developer responded with: The multi-purpose access trail has already been constructed in the area for the plat of the Villas at Oyster Bay Harbour. It connects the 'marina' area to the end of the Southern bridge that leads out to the islands. The sidewalk was not developed in the single-family community by the prior developer due to the insufficient rights-of-way and inability to obtain the easements from the existing property owners to install the sidewalk in their front yards.
In regards to the Sandy Beach Trail
The county noted: The PUD application (p.5) describes an entirely different system of trails including (1) a trail that will follow the sandy beach around the peninsula and (2) an elevated footpath to the isolated islands on the peninsula's west side. Please confirm the status of these trails.
The agent for the developer responded: Developer has stated that beach trail was not constructed due to practical concerns regarding access, encroachment of marsh and water on the shoreline, required DEP conservation easements, and concerns from potential buyers about privacy. |