2016.05.09 Council Agenda Item 06

Summary

Order to amend the Development Agreement, dated December 2, 2015, between the Town and Ocean View Retirement Community Limited Partnership.

A public comment period will be included with this item. (3 minutes)

ACTION: Council action is anticipated.

Description

On December 2, 2015, the Town and Ocean View entered a Development Agreement relating to the proposed redevelopment of the former Plummer School, following Planning Board approval. Included in that document were the following provisions: 1. Ocean View would install/construct additional landscaping/hardscaping at its cost of $35,000 on the Town Green lot adjoining the former Plummer and Mason Motz schools; 2. the parties would swap some land to facilitate construction of an addition to the former Plummer School with Ocean View to convey about 30,867 square feet of land to the Town, and the Town to convey about 4,775 square feet of land to Ocean View; 3. Ocean View agreed that the apartment in the former Plummer School and the addition thereto would be rented for affordable housing (120% of median income); and 4. Ocean View would convey to the Town a walking trail easement around the adjoining storm water detention pond.

The proposed Amendment to the Development Agreement to be considered by the Council would make the following changes to the Development Agreement:

(a) Easement Between Plummer and Mason Motz: Ocean View would grant to the Town an easement to use the landscaped/hardscaped areas between the former school buildings.

(b) Affordable Housing: The affordable housing covenants would be made permanent (the original Development Agreement provided for only 30 years of affordable housing).

(c) Parking Exchange: The amendment provides that 16 parking spaces on the northerly side of the former Plummer School that under the originals were to be shared parking would be reserved exclusively for Plummer School, and in return, 17 spaces located easterly of the former Plummer School previously reserved for Plummer would be changed to be exclusively for use of the Town (Mason Motz).

(d) Propane Easement: Ocean View plans to install a propane tank on its land. The Town would grant an easement on the former Mason Motz lot to Ocean View for a fill station for that tank, and a separately metered line would be run to the former Mason Motz school so that both the Town and Ocean View could benefit.

(e) Other: The amendment would make various other changes requested by Town staff, including provisions addressing construction scheduling and the right of the Town to make certain improvements to exchanged land.

A copy of the proposed development agreement and the order are attached.