Title
Authorize the City Manager to release deed restrictions on commercially zoned property at the corner of East Glen Boulevard and Clay Mathis Road.
Body
The City has received a request from the developer of the Avanti Hills Senior Living Development to remove the deed restrictions in place on the commercially zoned property adjacent to the residential development. The previous proposed development placed the deed restrictions as part of the zoning process. The deed restrictions generally restrict occupancy to tenants 55 years or older and grant the City enforcement rights over the property and require the City’s consent to modify the restrictions.
The zoning ordinance for Avanti Hills includes similar deed restrictions, but due to the configuration of the site, the developer has divided the tract into an 11-acre residential tract and a 3.75- acre commercial tract. As these are commercial tracts, the deed restrictions are unnecessary.
The developer has promised to develop commercial or retail uses on this property and staff recommends removal of the deed restrictions to assist with the marketing of the property.
Recommended/Desired Action
Staff recommends Council authorize the City Manager to release the deed restrictions.
Attachment(s)
Release of Deed Restrictions
Avanti Hills Zoning Ordinance - Ordinance No. 5198
Drafter
Cliff Keheley, City Manager
Head of Department
Cliff Keheley, City Manager