|July 25, 2017 - Regular Meeting|
Agenda Item #47
Impact Fee Credit Agreement for Conveyance of Road Right-of-Way for Morgan's Glen
Contact and/or Presenter Information
Sia Mollanazar, P.E., Deputy Director, Engineering Services, Public Works Department, Extension 7487
Authorize the Chair to execute the Impact Fee Credit Agreement for Conveyance of Road Right-of-Way for Morgan's Glen between the County and Moccasin Wallow, LLC.
Section 125.01, Florida Statutes
Section 1106 of the Manatee County Land Development Code
MOCCASIN WALLOW, LLC, is the owner of real property in Manatee County, Florida, and such property is proposed for development and is commonly known as "Morgan's Glen" (the "Owner's Project").
A portion of Fort Hamer Road Right-of-Way through Owner's property is on the Manatee County's Future Traffic Circulation Plan (the "Thoroughfare Plan").
In accordance with an executed Local Development Agreement with another developer, Manatee County is obligated to facilitate the construction of a future sewer force main by acquiring an easement within the Fort Hamer Road Right-of-Way in 2017.
The County has requested the Owner to convey to County Fort Hamer Road Right-of-Way instead of an easement for the construction of sewer force main.
Such Right-of-Way acquisition now will facilitate the future construction and improvement of Fort Hamer Road through the Owner's Property as a public road (the "Roadway Project").
In consideration of the dedication and conveyance of the Right-of-Way Property to the County, the County has agreed that the Owner is entitled to credits against the Multimodal Transportation Impact Fee (the "Roads Impact Fee Credits").
The Owner shall file an application to use a portion of such credits in exchange for an extended Certificate of Level of Service ("CLOS") and an extended preliminary site plan pursuant to the approval by the County of a Local Development Agreement ("LDA") for the Owner's Project, pursuant to the terms of this Agreement.
The County has condemnation powers and has determined that it would condemn, by eminent domain, the Right-of-Way Property if such property was not transferred pursuant to this Agreement, and such transfer is, therefore, in lieu of condemnation.
The amount of Roads Impact Fee Credits to which the Owner is entitled hereunder for the conveyance of the Right-of-Way Property have been determined in accordance with an appraisal of the Right-of-Way Property, which appraisal was provided and agreed in accordance with Section 1106 of the LDC. The total amount of such credit shall be $529,750.00.
The Owner shall apply to the County for a LDA to exchange $220,729.00 of above total Roads Impact Fee Credits for an extended CLOS and extended preliminary site plan pursuant to, and subject to, an approval by the County of a LDA for the Owner's Project.
The terms of the CLOS extension shall be set forth in the LDA. The County agrees to waive all or a portion of the fees imposed by the County for such LDA for the Owner's Project, to the extent the Owner does not seek entitlements under the LDA other than the extended CLOS contemplated herein.
The Owner agrees to make an application for the extension of the CLOS and the preliminary site plan for a period of 5.52 years, and the County agrees to process same.
The County does not commit to approval of such a LDA by this Agreement as its approval is subject to a public hearing.
County Attorney Review
Formal Written Review (Opinion memo must be attached)
Explanation of Other
Instructions to Board Records
Please return the executed, original agreement to the Public Works Department, attention Sia Mollanazar, P.E., Deputy Director, Engineering Services.
Please call Sia Mollanazar, P.E., at 941-708-7487 to arrange pick-up of the signed original documents.
Cost and Funds Source Account Number and Name
$529,750.00 Impact Fee Credit
Amount and Frequency of Recurring Costs
Attachment: Impact Fee Credit Agreement - Morgan's Glen - FINAL.pdf
Attachment: CAO Fort Hamer Extension Right-of-Way Agreement (Morgan's Glen).pdf