Manatee County Government Administrative Building 1st Floor Chambers January 8, 2015 - 9:00 a.m.
January 8, 2015 Land Use Agenda
Agenda Item #6

LDA-14-02 - Local Development Agreement for Willow Walk LLC/Willow Walk - DTS20140321 - Quasi-Judicial - Sia Mollanazar and Clarke Davis

Briefing Provided Upon Request

Contact and/or Presenter Information


   Sia Mollanazar

   Deputy Director, Engineering Services, Public Works

   941-748-4501 ext. 7487


   Clarke Davis

   Transportation Planning Manager, Public Works

   941-748-4501 ext. 7272

Action Requested
This is the first of two required public hearings. The second hearing is scheduled for January 13, 2015. No action is required at the first hearing.

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 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.


• 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 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. The Applicant receives Final Site Plan approval for Phase 1 of the Project before adoption of a Line Capacity Fee:  The Applicant shall pay $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 is $205,056.00 (288 EDU x $712.00/EDU).  Also, in this case:

a. If the County adopts a Line Capacity Fee within one year after approval of the Final Site Plan, 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 issuance of said Final Site Plan, 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 all Phase 1 EDU, then the PFSM Payment shall be credited against the wastewater FIF to be paid for each Phase 1 EDU building permit issued after the adoption of a Line Capacity Fee.

2. The Applicant receives approval of a Final Site Plan after the adoption of a Line Capacity Fee:  Applicant shall pay the applicable Line Capacity Fee in full on or before the later of: (a) approval of the Final Site Plan or (b) the date required under the ordinance enacting the Line Capacity Fee.
3. The Applicant has made the PFSM Payment for 288 EDU: The line capacity for wastewater service shall be reserved for the 288 EDU for the Project for as long as the Final Site Plan or amended Final Site Plan for the Project is valid.

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

(1) 49th Avenue Extension:  Applicant shall dedicate to the County 1,780± linear feet of the 84-foot wide right-of-way for 49th Avenue Extension lying within the Project from the intersection with Mendoza Road, north to the south boundary of the 170’ wide Florida Power & Light Easement.
(2) Drainage Easements  -  49th Avenue Extension:  The Applicant shall dedicate or convey to the County a non-exclusive public access, flowage and stormwater retention easement within the Project as necessary for the future four lane construction of the 49th Avenue Extension.

• 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 January 13, 2015 at 9:00 a.m. or as soon thereafter as same may heard at the Manatee County Government Administrative Building, 1112 Manatee Avenue West, 1st Floor Chambers, Bradenton.  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

Instructions to Board Records

The applicant (William W. Merrill, III) 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

Amount and Frequency of Recurring Costs

Attachment:  Maps - Future Land Use, Zoning and Aerial with Zoomed in and out - Willow Walk LDA - LDA-14-02 - 1-8-2015 BC.pdf
Attachment:  Legal Description-N. Portion of RR ROW.pdf
Attachment:  Legal Description-S. Portion.pdf
Attachment:  WW PSP 07-07-14.pdf
Attachment:  WW SS-ALTERNATIVE LDA--.pdf
Attachment:  Copy of Newspaper Advertising - Willow Walk LDA - LDA-14-02 - Bradenton Herald - 12-8-2015 BC.pdf
Attachment:  Copy of Newspaper Advertising - Willow Walk LDA - LDA-14-02 - Sarasota Herald Tribune - 12-8-2015 BC.pdf
Attachment:  Willow Walk LDA 12-31-14 Version (CAO Draft II).pdf