Council Action Requested:
Approve First Reading of Ordinance 2023-1854.
Points to Consider:
On December 12. 2022, County Council passed Ordinance 2022-1832 which approved a Development Agreement for Century Communities Southeast, LLC to develop a 398-unit single-family cluster subdivision community at 500 and 516 W. Shiloh Unity Road known as "Shiloh Woods." County Council included an Agreement Date of December 12, 2022 for the commencement of the vested rights term of five (5) years but it was the intent of County Council and the Developer that the vested rights period not commence until certain prerequisite conditions included in the Development Agreement were satisfied, particularly the Developer delivering to the County clocked-in copies, with book and page numbers, of the recorded deeds conveying the property to the Developer.
The inclusion of an Agreement Date of December 12, 2022 will result in a term of vested rights that is shorter than the five (5) year statutory term provided by the South Carolina Local Government Development Agreement Act and is contrary to the original intent of County Council to vest the development project for the full statutory vesting period of five (5) years upon enactment of Ordinance 2022-1832.
This Amending Ordinance will correct the Agreement Date to allow for the date of the Agreement to be that upon which the Developer delivers clocked-in copies, with book and page numbers, of the recorded deeds conveying the subject property to the Developer.
Funding and Liability Factors:
N/A
Recommendation:
Approve Ordinance 2023-1854 allowing for an amendment of the Development Agreement date with Century Communities Southeast, LLC for the development known as "Shiloh Woods" to properly reflect County Council's intent and compliance with the South Carolina Local Government Development Agreement Act.