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Amendment of Restrictive Covenants Windsor Properties December 2, 2015 Page 2 Art Neuberger to the Director of the Division of State lands outlining the terms of the Agreement, including the voluntary density limitation. (Letter of June 20, 2006 attached as Exhibit C) In the letter from Chairman Neuberger, reducing human use of the turtle beach was one reason cited for reduced density and deed restriction. Windsor now proposes to redevelop the southern 3 99 acre portion of the property obtained as part of the exchange and has submitted a proposed PD pre -application plan attached as Exhibit D, that would reconfigure two oceanfront lots for estate homes and consolidate two oceanfront estate Tots through the replat creating a tract for seven "cottage homes" of approximately 4,000 square feet each, thus increasing the overall density on the parcel to 2.26 units per acre. That PD change will require a public hearing before the planning and Zoning Commission and the BCC. The proposed density is less than the underlying 3 unit per acre zoning density but more than one unit per acre permitted by the Declaration of Restrictive Covenants. Windsor's proposed plan does not increase the number of dune cross overs. Windsor seeks approval to amend the Restrictive Covenants to permit an increase in density on the property to accommodate the proposed PD plan. No other changes to the restrictions are proposed Windsor is not seeking to increase the total number of units allowed through the overall conceptual PD plan, thus the number of approved units for the overall Windsor development will not change. If the restrictive covenant is modified, Windsor will need to obtain the development approvals necessary through the Planning and Zoning Commission and the Board of County Commissioners for the proposed PD plan Windsor contends market conditions have changed making the proposed cottage houses a popular choice. In order to effectuate the change, the Declaration of Restrictive Covenants would have to be amended. Staff has no objection to the proposed site plan increasing the density on this parcel. Funding. There is no expenditure of County funds as a result of this matter Recommendations. Staff recommends that the Board approve the following 1. Direct staff to coordinate with all interested parties and prepare an amendment to the Declaration of Restrictive Covenants permitting the density change 2. Direct staff to have the proposed PD change/replat and the amendment of the Declaration of Restrictive Covenants proceed through the approval process at the same time. WKD Attachments: 2011 Windsor Beachside - Plat 27 - Phase II — PD Declaration of Restrictive Covenants June 20, 2005 correspondence Proposed PD pre -application plan 1 224