www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a .m. - June 16, 2015
June 16, 2015 - Regular Meeting
Agenda Item #63


Subject
LDA-14-02(R) - First Amendment and Restatement of Local Development Agreement for OK Willow Walk, LLC/Willow Walk - Quasi-Judicial - Sia Mollanazar and Clarke Davis

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Presenters: 

Sia Mollanazar, Deputy Director, Engineering Services, Public Works, 941-708-7487 ext. 7487

Clarke Davis, Transportation Planning Manager, Public Works, 941-708-7450 ext. 7272

Contact: 

Bobbi Roy, Planning Coordinator, Building and Development Services, 941-748-4501 ext. 6878



Action Requested

RECOMMENDED MOTION:

Based upon the evidence presented, comments made at the Public Hearing, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, I move to APPROVE LDA-14-02(R) for Willow Walk, as recommended by staff.

 (Commissioner Bustle)



Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Section 163.3180(5) Florida Statutes

Sections 163.3220 - 163.3243, Florida Statutes



Background Discussion
  • The request is for approval of an amended and restated Local Development Agreement for Willow Walk Subdivision.
  • Willow Walk is approximately 272.36 acres on the southeast corner of Experimental Farm Road (49th Street East) and Ellenton Gillette Road, west of I-75 and north of Mendoza Road at 4110 41st Street East in Palmetto.

History

  • Willow Walk was rezoned to Planned Development Residential (PDR) on September 4, 2014 (PDR-14-04[Z][P]) with the approval of a Preliminary Site Plan (PSP) for 718 residential units.
  • The Local Development Agreement for Willow Walk Subdivision was approved on January 13, 2015.
  • The Applicant had proposed an Alternative Connection deviating from the County’s North County Wastewater System Master Plan. The Applicant received a Final Site Plan approval for Phase 1 of the Project before adoption of a Line Capacity Fee:  The Applicant has paid $712.00 (the “PFSM Payment”) per equivalent dwelling unit (“EDU”) of the Final Site Plan.  The Applicant’s Phase 1 Final Site Plan includes 288 EDU (287 single family detached residential dwelling units and an amenity center), and therefore the total PFSM Payment for the Final Site Plan of $205,056.00 (288 EDU x $712.00/EDU) was collected from the applicant.
  • The applicant submitted a proposed amended and restated Local Development Agreement in order to provide for addition of future force main within the Phase II of project at the request of County to address the future County’s Wastewater System.
  • The terms of the amended LDA remain as previously approved by BCC with the exception of addition of following terms:
    • The County has requested, and the Applicant has agreed, that the Applicant shall dedicate a utility easement through Phase II of the Project to accommodate additional wastewater service facilities, specifically a 12 inch sanitary sewer force main, to connect the master wastewater utility system to the east, as shown on Exhibit “D”, attached to the LDA, on or before approval of the first Final Plat for Phase I of the Project. The Applicant may, at its election, relocate such utility easement to the southern boundary of Phase II of the Project (i.e., the north side of the 50’ FPL right of way), or the Applicant and the County may agree to relocate such easement to such other location that is reasonably acceptable to the Applicant and the County, with the County’s acceptance not to be unreasonably withheld, conditioned, or delayed. In exchange for Applicant’s cooperation, County shall reserve line capacity for wastewater service for the remaining 431 units in Phase II of the Project for which the Applicant has not paid a corresponding Line Capacity Fee, provided that the Applicant shall, within five (5) years of the effective date of this Agreement, secure approval of the Final Site Plan(s) for the remaining units in Phase II of the Project, and further provided that the Applicant pays either the PFSM Payment or the Line Capacity Fee adopted and in effect at the time of payment, whichever is applicable, for each such unit on or before the later of: (1) approval of the Final Site Plan or (2) the date required under the ordinance enacting the Line Capacity Fee.
  • The Board of County Commissioners held the first of two required public hearings on June 4, 2015.
  • Staff recommended approval.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
William Clague reviewed and responded by email.

Reviewing Attorney
Clague

Instructions to Board Records
Please email bobbi.roy@mymanatee.org with the cost of recording. Then the applicant, Bill Merrill, will contact Board Records regarding the recording of the Local Development Agreement. Please provide a copy of the recorded document to bobbi.roy@mymanatee.org.


Cost and Funds Source Account Number and Name
n/a

Amount and Frequency of Recurring Costs
n/a


Attachment:  Maps - Willow Walk Amended LDA - LDA-14-02(R) - 6-416-15 BC.pdf
Attachment:  Willow Walk Amended LDA - LDA-14-02(R) - 6-16-15 BC with Exhibits..pdf
Attachment:  Supplemental Information - LDA-14-02 -Approved Willow Walk LDA .pdf
Attachment:  Copy of Newspaper Advertising - Willow Walk LDA-14-02(R) - Bradenton Herald - 6-16-15 BC.pdf
Attachment:  Affidavit of Publishing -WillowWalk Amended LDA-LDA-14-02(R) - Sarasota Herald Tribune - 6-16-15 BC.pdf