www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - April 21, 2015
REVISED April 21, 2015 - Regular Meeting
Agenda Item #27


Subject
LDA-14-03 - Local Development Agreement for Rowe Ventures, LLC - The Aviary at Rutland Ranch - DTS20140442 -Quasi-Judicial - Sia Mollanazar - Clarke Davis

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Presenters:

   Sia Mollanazar, Deputy Director Engineering Services, Public Works Department - 941-708-7450 ext. 7487

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

Contact:

   Bobbi Roy, Planning Coordinator

   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-14-03 for The Aviary at Rutland Ranch, 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 a new Local Development Agreement for The Aviary at Rutland Ranch Subdivision.
• The Aviary at Rutland Ranch is approximately 400 acres located approximately 1,800 feet east of 161st Avenue East and north of CR 675, at 16410 CR 675 in Parrish.


History


• The site was rezoned to Planned Development Residential (PDR) on January 3, 2013 (PDR-12-03[Z][G]) with the approval of a General Development Plan (GDP) for 784 residential units.
• A Preliminary Site Plan was approved by staff on February 24th, 2015 for 784 residential units.

Request

• The applicant submitted a proposed Local Development Agreement in order to provide for an alternative connection to the County’s Wastewater System.
• The terms of the LDA are as follows:
• Alternative Connection. The Applicant has proposed an Alternative Connection deviating from the County’s North County Wastewater System Master Plan subject to conditions that the existing wastewater system be shown to have sufficient capacity, the design be consistent with County standards, and the applicant obtain site plan approvals and pay associated fees.
• Payment of Line Capacity Fee.  At the time of execution of this Agreement, the County is in the process of establishing a line capacity fee, either as a separate fee or a component of the County’s facility investment fee (hereinafter “Line Capacity Fee”), for the wastewater service area in which the Project is located.  Approval of the Alternative Connection, and the right of the Applicant to connect to the County’s wastewater system through the Alternative Connection are also subject to compliance with one of the following conditions:


1. At the time of approval of the FSP for Phase I of the Project, the applicant shall pay $712.00 (the “PFSM Payment) per equivalent dwelling unit (EDU). The Preliminary Site Plan includes 784 EDUs (784 single family detached, semi-detached or attached residential dwelling units), and therefore the total PFSM Payment for the Final Site Plan is $558,208.00 (784 EDU x $712.00/EDU).  Also, in this case:


a. If the County adopts a Line Capacity Fee within one year of the County’s receipt of the PFSM Payment, and (i) the Line Capacity Fee results in a lesser per EDU charge than the PFSM Payment, the County shall refund to the Applicant the difference between the PFSM Payment and the applicable Line Capacity Fee, or (ii) said Line Capacity Fee results in a greater per EDU charge than the PSFM Payment, the Applicant shall pay to the County the difference between the PFSM Payment and the applicable Line Extension Fee within 90 days of the effective date of adoption.
b. If the County does not adopt a Line Capacity Fee within one year of the County’s receipt of the PFSM Payment, the PFSM Payment shall constitute the Applicant’s final proportionate fair share cost of providing wastewater line capacity for the initial phase of the Project.
c. If the County adopts a Line Capacity Fee of $712.00 per EDU and incorporates the fee as an increased wastewater Facility Investment Fee (“FIF”) and if the County adopts the fee prior to issuance of all building permits for EDUs in the Project, then the PFSM Payment shall be credited against the wastewater FIF to be paid with each EDU building permit issued after the adoption of a Line Capacity Fee.


2. Provided the Applicant has paid the Line Capacity Fee for 784 EDUs and performed the other conditions as outlined above, the line capacity for wastewater service shall be reserved for the 784 EDUs for the Project Site for so long as a PSP or FSP for the Project Site is valid.

• Other Transportation Improvements:  In addition to the transportation improvements identified in the Traffic Study, Applicant agrees to the following transportation improvement which is impact fee creditable to the extent it is not required for the Project or will create additional capacity above that required for the Project.


(1) CR 675 future widening -  Applicant has proposed and shall dedicate to the County land for the public right-of-way, up to 60 feet which represents a half section, from the existing centerline of CR 675, along the southern frontage of the Project. 



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
The applicant (Hugh E. McGuire) 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 - Future Land Use, Zoning and two Aerials - The Aviary LDA - LDA-14-03 - 4-21-15 BC.pdf
Attachment:  Agreement - Aviary LDA - LDA-14-03 - 4-21-15 BC.pdf
Attachment:  Exhibit A to Agreement - The Aviary LDA - LDA-14-03 - 4-21-15 BC.pdf
Attachment:  Exhibit B to agreement - The AviaryLDA - LDA-14-03 - 4-21-15 BC .pdf
Attachment:  Exhibit C to agreement - The Aviary LDA - LDA-14-03 - 4-21-15 BC.pdf
Attachment:  Exhibit D to Agreement - The Aviary LDA - LDA-14-03 - 4-21-15 BC.pdf
Attachment:  Affidavit of Publishing - The Aviary at Rutland Ranch LDA - LDA-14-03 - Bradenton Herald - 4-21-15 BC.pdf
Attachment:  Copy of Newspaper Advertising - Local Development Agreement for Aviary at Rutland Ranch - LDA-14-03 - Sarasota Herald Tribune - 4-21-15 BC.pdf