www.mymanatee.org
Manatee County Government Administrative Center First Floor, Chambers November 6, 2014 - 9:00 a.m.
REVISED November 6, 2014 Land Use Meeting
Agenda Item #17


Subject
LDA-13-02 - Parrish Holdings, LLC-Southern Land Parrish, LLC-Southern Hemisphere Manatee, LLC-North Manatee Investment, LLC/The Villages of Amazon South Local Development Agreement (LDA) - DTS20130396 - Quasi-Judicial - Clarke Davis and Sia Mollanazar

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Contact:

      Clarke Davis, Public Works Department 941-748-4501 ext. 7272

      Lisa Barrett, Building and Development Services Department 941-748-4501 ext. 6884

Presenters:

      Clarke Davis, Public Works Department 941-748-4501 ext. 7272

      Sia Mollanazar, Public Works Department 941-748-4501 ext. 7487



Action Requested
This is the first of two required public hearings. The second hearing is scheduled for November 18, 2014. No action required at the first hearing.

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Section 163.3180(5) Florida Statutes



Background Discussion

• The request is for approval of a new Local Development Agreement for The Villages of Amazon Subdivision.  
• The Villages of Amazon is 1,203.83 ± acres located at the northwest intersection of Moccasin Wallow Road and US 301, at 12420 US 301 North in Parrish.


History


• The Villages of Amazon site was rezoned to Planned Development Mixed Use (PDMU) on September 4, 2014 (PDMU-13-37[Z][P]) with the approval of a Preliminary Site Plan (PSP) for 1,999 residential units and 40,000 square feet of commercial and 20,000 square feet of office space.

Request

• The applicant submitted a proposed Local Development Agreement to dedicate/convey certain lands and to construct certain improvements to public facilities in the vicinity of the Project Site for the purpose of addressing Concurrency for the Project.
• The applicant is also requesting to extend the expiration date of the CLOS (Certificate of Level of Service) by paying the County an Extension Fee. 
• The terms of the LDA include the following:
o Dedication of right-of-way for: 
? Moccasin Wallow Road;
? Spencer Parrish Road (aka, FF Road); and
? Fort Hamer Road Extension.
o A non-exclusive access, flowage, and stormwater retention easement for future, four-lane Fort Hamer Road.
o Construction of two lanes of Fort Hamer Road through portions of the Project during various stages or phases of development.
o Construction of turn lanes at Project Driveways 1, 2, and 3 on Moccasin Wallow Road, and Project Driveways 4, 5, and 6 on US 301.
o Proportionate share payments for:
? Traffic signal at 115th Avenue East and Moccasin Wallow Road; and
? A second 350 foot eastbound left-turn lane at the US 301/Moccasin Wallow Road intersection.
o Extended CLOS date to December 31, 2024 (an additional 8 years).
o Waive road impact fee credits for Moccasin Wallow Road, Spencer Parrish Road, and Fort Hamer Road rights-of-way and related stormwater capacity and easements totaling $1,026,013.00 in consideration for extending the CLOS for eight years consistent with the County charge of $100 per unit (or equivalent residential unit for non-residential unit) per year of extension.
o Alternative Connection to County Wastewater System
? Connection to the County’s wastewater system is required, at the applicant’s expense, and is to be constructed in accordance with the Manatee County’s Master Wastewater Plan.  The Applicant has proposed a connection for the Project deviating from the County’s North County Wastewater System Master Plan (in that it does not include the installation of a 24-inch transmission line in the Erie Road and Fort Hamer Road rights-of-way and does not include a 24-inch force main within the Project inclusive of (1) a force main connecting to the existing Erie Road force main, and (2) a cross-section sufficient to accommodate a future parallel force main. The County agrees to allow the developer to use this Alternative Connection to connect to the County’s wastewater system, subject to the following conditions and affirmations: 
o County Engineer has verified that the existing wastewater treatment system has sufficient capacity to support the Alternative Connection;
o The Alternative Connection shall be designed, engineered and permitted by the Applicant consistently with Manatee County Public Works Standards and approved by County Engineer. Implementation of the Alternative Connection shall require that a non-exclusive easement of not less than twenty (20) feet shall be obtained through the real property located immediately south of the Project known as Morgan’s Glen.
? The Applicant shall be responsible for the negotiation, drafting, execution, and delivery of the Morgan’s Glen Easement, but (i) the alignment of the Morgan’s Glen Easement shall be consistent with the Morgan’s Glen Approval and reasonably approved by Manatee County, and (ii) the Morgan’s Glen Easement shall be fully assignable to Manatee County and the public, generally.  In the event that the Applicant informs Manatee County that it has been unable to obtain the Morgan’s Glen Easement despite good faith efforts to do so, Manatee County shall initiate and complete condemnation proceedings to acquire the Morgan’s Glen Easement as expeditiously as legally possible under the circumstances. 
o Prior to the earlier of (i) receipt of the certificate of completion for the first phase of the Project to be developed, or (ii) December 31, 2016, and consistent with the required design elements of the Alternative Connection, the Applicant shall design, permit, and construct approximately 6,805 lineal feet of a sanitary sewer force main from the existing connection on Erie Road, through the Morgan’s Glen Easement to the Project entrance located immediately north of Moccasin-Wallow Road.
o 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.  The Line Capacity Fee will constitute an impact fee adopted in accordance with Section 163.31801, Florida Statutes, to pay the cost of building out the wastewater transmission lines in the service area in accordance with the County’s applicable master plan.  Without such Line Capacity Fee, the County will lack a fiscally sound mechanism to assure that the Applicant and other developers in the wastewater service area pay their proportionate share of the cost of extending wastewater transmission lines and service to the service area.  This will result in the County lacking the legally available funds to pay the cost of such build out.  Accordingly, the approval of the Alternative Connection, and the right of the Applicant to connect to the County’s wastewater system through the Alternative Connection and utilize the system capacity allocated to the Alternative Connection, are also subject to and conditional upon compliance with one of the following conditions, as the case may be:
? In the event that the above applicable conditions are not met, the Applicant shall be required, subject to the approval of the County Engineer, to connect to the wastewater system in full compliance with the County’s applicable master plan for build out of the wastewater system, at the Applicant’s sole expense, but Applicant shall not then be responsible for payment of the Line Capacity Fee, and Applicant shall be entitled to apply for such impact fee credits as might otherwise be available in accordance with the LDC.

• 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 November 18, 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 and responded by email.

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:  Maps - Future Land Use, Zoning and Aerial - Villages of Amazon South - LDA-13-02 - 11-6-2014 BC.pdf
Attachment:  Local Development Agreement - Villages at Amazon South - LDA-13-02 - 11-6-2014 BC.pdf
Attachment:  Copy of Newspaper Advertising - Villages of Amazon South - LDA-13-02 - Bradenton Herald- 141106 BC.pdf
Attachment:  Copy of Newspaper Advertising - Villages of Amazon South - Sarasota Herald Tribune - LDA-13-02 - 141106 BC.pdf
Attachment:  Supplemental Information - Villages of Amazon South - PDMU-13-37(Z)(P) - Approval Document.pdf
Attachment:  Supplemental Information - Villages of Amazon South - PDMU-13-37(Z)(P) - Approved Site Plan for 11-6-14 BC.pdf