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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 5, 2013
REVISED November 5, 2013 - Regular Meeting
Agenda Item #38


Subject
LDA-13-03 - Northwest Sector - Lakewood Centre Local Development Agreement

Briefings
All

Contact and/or Presenter Information

Dan Schlandt

Deputy County Administrator

941-748-4501 ext. 3732



Action Requested
No action necessary. This is the first of two public hearings; the second public hearing is scheduled for November 7, 2013.

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code



Background Discussion
  • SMR North 70, LLC (Applicant) is the developer of two tracts located in Manatee County.
  • The Applicant has received Development of Regional Impact approval, zoning and General Development Plan approval from Manatee County.
  • The projects originally received a Certificate of Level of Service ("CLOS") for a portion of the First Phase of each project relative to transportation with the remainder of the First Phases subject to a condition that Applicant may enter into a Development Agreement as authorized by Section 163.3220 through 163.3246, Florida Statutes, to satisfy the transportation impacts of the remainder of the First Phases.
  • The applicant and the County entered into a Local Development Agreement, 10-01, relative to a proportionate share project for the Remainder First Phases for both of the Projects, determined pursuant to the formula set forth in Section 163.3180(12), Florida Statutes, is $5,740,351 ("Proportionate Share") resulting in an extended CLOS for the First Phases.
  • It is now the intent of the Applicant to design, permit and construct or cause the construction of Pope Road from 44th Avenue to SR 64 at the intersection of Rye Road, a thoroughfare road on Table 5-1 of the Manatee County Comprehensive Plan and to dedicate the right of way therefore (the "Pope Road Improvement"), as a proportionate share project to mitigate the impacts of the remainder phases of both of the projects ("Remainder Phases"). The cost of the Pope Road Improvement for purposes of this Agreement is $11,463,114 for the construction costs and $3,438,934 for the right of way for a total of $14,902,048 (the "Pope Road Improvement Cost"). The contribution and construction will serve the needs of and address the impacts created by the Remainder Phases.
  • The improvement contemplated has been included within the Development Agreement for the purpose of addressing all aspects of concurrency for the Remainder Phases and the provision of adequate public facilities and services needed to support such new development.
  • Section 163.3180, Florida Statutes, requires that public facilities and services needed to support new development shall be available concurrent with the impact of such new development.
  • The County previously made a determination that a CLOS for the First Phases of the Projects can be issued since the Projects will not result in a reduction of the level of service standards adopted by the Manatee County Comprehensive Plan for solid waste, stormwater, law enforcement, public safety, and parks and a CLOS was issued for such services for the First Phases.
  • The County has made a determination that a CLOS for transportation cannot be issued for the Remainder Phases of the Projects unless certain improvements and/or a proportionate share contribution to the construction of facilities, occur in the vicinity of the Project Site.
  • The Land Development Code provides that a CLOS for the Project may be issued contingent upon the payment of proportionate share mitigation and/or construction of the necessary public facilities and services being guaranteed in an enforceable Development Agreement entered into pursuant to Sections 163.3220 through 163.3243, Florida Statutes.
  • In accordance with the applicable Florida Statutes and Section 510.9.2.1.1 of the LDC, the County is authorized to issue a CLOS for a term greater than three (3) years subject to the required public facilities and services being guaranteed in a Development Agreement.
  • The applicant will have received approval (item will be on November 7 Land Use Meeting agenda) from Manatee County of Impact Fee Credits for improvements to the Manatee County transportation system by Applicant in the total amount of $12,229,595.00 pursuant to the Agreement, the Applicant will waive the right to reimbursement of the impact fee credits or use of the credits to pay for impact fees and will use the credits only to extend the CLOS of these and other projects.
  • The extended CLOS for each Project will take effect upon the approval of the next phase of each Project.
  • In summary, in consideration for the Pope Road Improvement that totals $14,902,048 and other considerations which are greatly in excess of the $5,706,282 Proportionate Share for the two projects, an extended CLOS for 30 years for the two projects will be issued.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

Reviewed by William Clague.



Reviewing Attorney
N/A

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:  SMR LWC NWS LDA Clean 10 25 13 with exhibits.pdf
Attachment:  Copy of Newspaper Advertising - SMR Northwest Sector and Lakewood Centre DRI's LDA.pdf
Attachment:  Project Location Maps.pdf