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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - July 29, 2014
July 29, 2014 - Regular Meeting
Agenda Item #83


Subject
LDA-06-06(R) - Amended and Restated Local Development Agreement for HBT of Eagle Pointe, LLC - DTS20130401

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Contact:

   Clarke Davis, Public Works X7272

   Lisa Barrett, Building and Development Services X6884

Presenter:

   Clarke Davis, Public Works X7272



Action Requested
No action necessary; this is the first of two required public hearings. The second public hearing is scheduled for August 7, 2014.

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 LDA for the Eagle Pointe Subdivision.
  • Eagle Pointe is located on the east side of Carter Road, north of Moccasin Wallow Road, south of Buckeye Road.

History

  • The Eagle Pointe site was rezoned to Planned Development Residential (PDR) in 2006 (PDR-04-55[Z][P]) with the approval of a Preliminary Site Plan (PSP) for 1,072 single family detached units.
  • The PSP was amended in 2010 (PDR-04-55[Z][P][R]) to revise stipulations and to modify the side yard setback.  The revised PSP expires June 1, 2015, and the CLOS expires June 30, 2018.
  • A Land Development Agreement (LDA-06-06) was approved on November 1, 2007, and provided for the dedication of right-of-way for Carter Road and Moccasin Wallow Road and granted the project an extended CLOS.  A revision to the LDA was approved in February 2010 to dedicate the right-of-way for Carter Road and Moccasin Wallow Road, waiving impact fee credits; removing interim deadlines for the submittals of FSPs and approval of final plats; extending the PSP and FSP approvals; extending the CLOS to June 30, 2018; and extending the expiration date of the LDA to February 9, 2019.
  • All right-of-way dedication for Carter Road and Moccasin Wallow Road pursuant to the original LDA was completed and recorded in 2010.
  • A Final Site Plan (FSP) for Phase 1 (350 single family detached lots) was approved in May 2007 with a revision approved in June 2011 and remains valid pursuant to the amended LDA.  A FSP for an amenity center (Phase II) was approved in December 2007 and remains valid pursuant to the amended LDA.


Request

  • The applicant has a request in for new Preliminary Site Plan for 1,600 residential units consisting of 740 single-family detached units, 260 single-family attached units, and 600 multi-family units (a total increase of 528 lots from prior approval).
  • The applicant proposes an amended and restated LDA with the new PSP with a request to extend the CLOS and PSP expiration dates to June 30, 2024. 
  • In consideration for extending the CLOS consistent with the County charge of $100 per unit per year of extension, the terms of the revised LDA include Applicant commitments to:
    • Dedicate 20.7176 acres of additional right-of-way for the widening and relocation of Carter Road at Buckeye Road, which dedicated property will also be used for stormwater treatment for portions of future Buckeye Road and Carter Road improvements, which property has an estimated value of $776,910, and for which Applicant waives all impact fee credits for such dedication and easements.
    • Provide stormwater treatment and related facilities for future improvements to portions of Carter Road, which amounts to approximately 2.4 acres, which has an estimated value of $186,995, and for which Applicant waives all impact credits for related easements and construction.

This is the first of two required public hearings.  No action on the LDA is required at this meeting, but at this hearing, the County must announce the date, time, and location of the second hearing, which is August 7, 2014.  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 the LDA.

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:  Amended and Restated LDA - Final.pdf
Attachment:  EXHIBIT B - SKETCH AND DESCRIPTION.pdf
Attachment:  LDA-06-06(R).pdf
Attachment:  LDA-06-06.pdf
Attachment:  Advertising for Bradenton Herald.pdf
Attachment:  Advertising for Sarasota Herald.pdf