Bradenton Area Convention Center One Haben Boulevard, Palmetto - Longboat Key Room 9:00 a.m. - September 29, 2020
REVISED - September 29, 2020 - Regular Meeting
Agenda Item #44

Approval and Execution of LDA-18-02 - Local Development Agreement for Haval Farms - PLN1810-0101 - Quasi Judicial

Briefing Provided Upon Request

Contact and/or Presenter Information
Clarke Davis, Public Works, x7272

Action Requested

Based on evidence presented and finding the request to be consistent with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, I move to approve and authorize execution of LDA-18-02, Local Development Agreement with North Manatee Investment, LLC, and Haval Farms, LLC, for Haval Farms.

Enabling/Regulating Authority
Manatee County Comprehensive Plan
Manatee County Land Development Code
Section 163.3180(5), Florida Statutes
Section 163.3220-163.3243, Florida Statutes

Background Discussion

Haval Farms is approximately 1,295.49 ± acres, generally bounded by the Villages of Amazon South to the south, U.S. 301 to the east, and vacant property to the north and west. The approved development includes 3,842 Single Family and Multi-Family residential units and 82,000 square feet of non-residential uses with building heights not to exceed 45 feet. Haval Farms is an approved Planned Development Mixed Use project approved as PDMU-17-26(Z)(G).

The purpose of the Local Development Agreement is to establish the terms under which the developer shall provide proportionate fair-share mitigation to satisfy the transportation concurrency requirement, the County shall provide an extension of the transportation concurrency approval, the developer shall provide certain public transportation and utility infrastructure improvements, and the County shall provide impact fee credits.

Due to the unique aspects of the project, including its size and phasing challenges, the County has approved the project for six separate external accesses points on U.S. 301 and Moccasin Wallow Road.

Consistent with LDC requirements, the developer is dedicating right-of-way and constructing segments of Ft. Hamer Road and FF Road, as necessary, to access individual phases within the project boundary.  To the extent the dedication and construction exceed what is required for site-related needs, the improvements are eligible for transportation impact fee credits.

As part of the consideration for the commitments made by the County with respect to providing transportation concurrency approval for the project, the developer has agreed to construct segments of Ft. Hamer Rd as needed to provide access to individual phases as they are developed, with no construction north of the northern most access to a development phase, substantially as depicted in Exhibit “B” attached hereto and incorporated by reference, and an award of impact fee credits for a negotiated portion of the right-of-way needed for Ft. Hamer Rd to be treated as a non-site related capacity improvement and a negotiated portion to be treated as a site related access improvement.

The County has made a determination that sanitary sewer service cannot be provided for the Project unless certain improvements, including construction of facilities, occur in the vicinity of the Project Site as more fully specified.

The County has made a determination that a CLOS for the Project can be issued for an extended period for the purpose of recreation/ open space, solid waste, stormwater, and transportation since the Project will not result in a reduction of the level of service standards adopted by the Comprehensive Plan of Manatee County for said facilities.

Since the first hearing, staff and the applicant coordinated some minor revisions and clarifications to the agreement.  A redline of the changes is included in attached "Haval Farms LDA - Final Redline.pdf."  To summarize, they include:

a) Correction to indicate the first hearing was held before the Board (not Planning Commission).

b) Clarification that the limits of Ft Hamer dedication are from Haval south boundary near FF Road to their north boundary with a corresponding correction to the area and credit-eligible amount.  (The portion south of the boundary to Moccasin Wallow Rd is an owner commitment in the Villages of Amazon South LDA.)

c) Clarification to provisions related to the development's potable water connections.

This is the second of two required public hearings.  On September 15, 2020, this public hearing was continued to September 29, 2020, at the request of the applicant.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
William Clague, Chief Assistant County Attorney, reviewed the agreement under CAO Matter No. 2020-0288 and participated in coordination meetings related to the agreement.  The agreement presented for consideration incorporates the recommended changes provided by the County Attorney's Office.

Reviewing Attorney

Instructions to Board Records

Please forward the cost of recording to bobbi.roy@mymanatee.org. The applicant's counsel, Edward Vogler, will contact Board Records regarding the recording of the Local Development Agreement.

Please provide copies of the recorded document to bobbi.roy@mymanatee.org and Clarke.davis@mymanatee.org.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Staff Report Maps.pdf
Attachment:  Haval Farms LDA - Final Redline.pdf
Attachment:  Haval Farms LDA - Final 20200925.pdf
Attachment:  Affidavit of Publishing Bradenton Herald Line 9-03- and 05-2020 BCC.pdf