www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 12, 2014
August 12, 2014 - Regular Meeting
Agenda Item #55


Subject
LDA-08-08(R) - Amended and Restated Local Development Agreement for Heritage Harbour - DTS20110275 - Quasi-Judicial

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Contact:

Lisa Barrett, Building and Development Services, 941-748-4501, ext. 6884

Presenter:

Dan Schlandt, Deputy County Administrator, 941-748-4501, ext. 3732

Clarke Davis, Public Works, 941-748-4501, ext. 7272



Action Requested
This is the first of two required public hearings. The second public hearing is scheduled for September 4, 2014. No action is necessary at this hearing.

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Section 163.3180(12) Florida Statutes



Background Discussion
  • The request is for approval of an amendment to the Local Development Agreement (LDA) for the Heritage Harbour DRI (Development of Regional Impact).
  • Heritage Harbour is located at the northeast intersection of I-75 and State Road 64.

History

  • The Heritage Harbour DRI was approved on March 21, 2000, as a mixed used project, with residential, commercial, office, hotel, ACLF (group care home), marina, and recreation uses on ±2,495.8 acres. The project is approved for 2 phases.
  • Since the original approval there have been several amendments to the development, of which include increasing acreage, extending buildout dates, amendment of conditions, and change of uses.
  • To date, over 2,465 residential units have been completed, including 1,049 multi-family units, and 28,000 square feet of office space has been built. A community park and fitness center, and 45 holes of golf have also been built, in addition to associated roadways, including a segment of Port Harbour Parkway (a collector facility). Site Plans for residential and commercial development are either under review or have been approved.
  • In addition to this amended LDA, a revised Development Order and Zoning Ordinance are also being processed. The amendments include: 1) updating the phasing and buildout dates to reflect legislatively authorized extensions, 2) removal of the 12-acre marina and designation of the parcel for residential, and 3) update conditions met.
  • LDA-08-08 was approved by the Board of County Commission on January 13, 2009. The Development Order and Zoning Ordinance required the applicant to enter into an agreement with the County providing for the payment of the Applicant's proportionate fair share mitigation for its impacts to the roadways in the County; dedication of right-of-way and waiving of impact fee credits for same; providing for construction of Port Harbour Parkway; and providing for the posting of surety as guarantee of any such needed additional funds.
  • The Original LDA provides that the construction of Port Harbour Parkway from its current terminus to Upper Manatee River Road benefits a regionally significant transportation facility. It also provides that construction of the improvement will satisfy all transportation concurrency requirements for Phase II and the mitigation requirements of Section 163.3180(12), Florida Statutes. The Original LDA requires Lennar Homes to construct such improvements before it can proceed with development of the Project beyond certain threshold development limits.

Request

  • Lennar Homes desires to develop and is in the process of developing Phase II of the Heritage Harbour Development Project for both residential and non-residential purposes. Parcel 35 Developer owns and is developing Parcel 35 within the Project (previously owned by Heritage Harbour Development, LLC).
  • Lennar Homes mitigated its Phase I impacts and agreed to mitigate its Phase II impacts pursuant to the Original LDA. Lennar and Parcel 35 Developer have agreed to adjust how such Phase II mitigation will be accomplished, as set forth in the Agreement, which includes:
    • No later than December 19, 2014, Lennar Homes shall pay $2,299,201.78 ("PHP Extension Contribution") to the County as a contribution toward the construction of the Port Harbour Parkway Extension, in lieu of Lennar Homes' obligation to construct the Port Harbour Parkway Extension under the Original LDA.
    • Parcel 35 Developer has the option to design, permit, and construct the Port Harbour Parkway Extension. Parcel 35 Developer proposes to redesign and relocate the roadway within Parcel 35, with the requirements that it will connect the current terminus of Port Harbour Parkway with Upper Manatee River Road and provide a secondary access connection to the Waterlefe subdivision through Mossey Branch Road.
    • Should Parcel 35 Developer elect not to construct the Port Harbour Parkway Extension, Parcel 35 Developer shall dedicate the necessary right-of-way (63 feet for 500 feet near Upper Manatee, and 58 feet for the balance) for the Port Harbour Parkway Extension as shown on the General Development Plan approved pursuant to the Zoning Ordinance and public flowage easements as necessary to accommodate the stormwater needs for the ultimate 4-lane section of roadway.
    • Parcel 35 Developer shall dedicate 35 feet of right-of-way for Upper Manatee River Road as shown on the General Development Plan approved pursuant to the Zoning Ordinance.
    • The County obligations are to (a) provide Lennar Homes road impact fee credits for "PHP Extension Contribution," (b) reimburse Parcel 35 Developer for certain costs associated with Port Harbour Parkway Extension improvements, and (c) provide Parcel 35 developer road impact fee credits for Upper Manatee River Road rights-of-way and easements and Port Harbour Parkway costs in excess of the "PHP Extension Contribution."
    • The road impact fee credits to be provided to Lennar Homes will be reduced by $150,000 and those to Parcel 35 Developer reduced by $173,500 to compensate the County for a portion of the right-of-way dedication proffered by Lennar Homes within Parcel 35 under the Original LDA.
    • The County shall hold the PHP Extension Contribution in its capital accounts to be used (1) to reimburse Parcel 35 Developer for construction of Port Harbour Parkway Extension or, (2) in the event that Parcel 35 Developer does not proceed with the construction of Port Harbour Parkway Extension, to fund a regionally significant transportation improvement identified by the County that mitigates project transportation impacts.
  • This is the first of two required public hearings. No action on the LDA is required at this hearing, but at this hearing, the County must announce the date, time and location of the second hearing, which is September 4, 2014, at 9:00 a.m. or as soon thereafter as same may be heard, at the Manatee County Government Administrative Building, 1112 Manatee Avenue West, First Floor Chambers, Bradenton, FL 34205. The Board will be requested to act on the LDA at the second hearing.   


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
William Clague reviewed and responded by email on June 25, 2014.

Reviewing Attorney
Clague

Instructions to Board Records

N/A



Cost and Funds Source Account Number and Name
n/a

Amount and Frequency of Recurring Costs
n/a


Attachment:  Maps - Future Land Use, Zoning, Zoning Zoomed Out and Aerial - LDA-08-08(R) - 8-12-14 BC.pdf
Attachment:  Heritage Harbour Amended LDA (Final).pdf
Attachment:  LDA-08-08 - Heritage Harbour LDA.pdf
Attachment:  Copy of Newspaper Advertising - Bradenton Herald - Heritage Harbour LDA - 8-12-14 BC.pdf
Attachment:  Copy of Newspaper Advertising - Sarasota Herald Tribune - Heritage Harbour - LDA-08-08(R).pdf