Manatee County Government Administrative Center First Floor, Commission Chambers 9:00 a.m. - January 23, 2018
REVISED January 23, 2018 - Regular Meeting
Agenda Item #35

LWR Land Holdings, LLC, Proportionate Fair Share Agreement


Contact and/or Presenter Information

Clarke Davis, Transportation Planning Division Manager
Clarke.davis@mymanatee.org, 941.708.7450 x7272

Action Requested
Authorization for the Chair to execute the Agreement for Payment in Satisfaction of Proportionate Share Requirement between Manatee County and LWR Land Holdings, LLC.

Enabling/Regulating Authority

Section 163.3180(5)(h), Florida Statutes
Section 360, Land Development Code
Section 1106, Land Development Code

Background Discussion

LWR Land Holdings, LLC, is the developer of Gatewood Corporate Center at Lakewood Ranch.  Gatewood Corporate Center is an active development located in the southeast quadrant of the Lakewood Ranch Boulevard and Gatewood Drive intersection, about 0.60 miles south of State Road 64 (see attached map).


The traffic study for the development identified an offsite concurrency-related improvement that would be required during development.  The improvement is a westbound right turn lane on Gatewood Drive at the Lakewood Ranch Boulevard intersection.


The development has now reached a milestone where no additional approvals can be issued until transportation concurrency mitigation is provided.  LWR Land Holdings seeks to satisfy the transportation concurrency requirement through proportionate fair share mitigation.  Pursuant to applicable State Statutes, a related contractual agreement between the developer and County is required to mitigate using proportionate fair share. 


The cost of the right turn lane improvement is estimated to be $566,654.00, and the developer's proportionate share of the cost is 31.9 percent.  Therefore, the developer's proportionate share amount is $180,763.00.  An agreement has been drafted between the developer and County to address transportation concurrency.  The agreement provides that upon payment of the proportionate share amount the transportation concurrency requirement is satisfied.  Consistent with State Statutes regarding transportation concurrency, the agreement also provides that the proportionate share amount is eligible for transportation impact fee credits.


Staff recommends the County Commission authorize the Chair to execute the agreement.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Public Works staff requested the County Attorney's review of the agreement for legal sufficiency.  William Clague, Assistant County Attorney, reviewed the agreement under request for legal services #RLS-2018-0001 and responded via email on January 4, 2018.  The attached agreement was prepared consistent with the Assistant County Attorney's recommended changes.

Reviewing Attorney

Instructions to Board Records

Please provide a copy of the signed agreement to:

Clarke Davis
Public Works Department
1022 26th Ave E
Bradenton, FL 34208

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  LWR Land Holdings Proportionate Share Agreement- FINAL.pdf
Attachment:  Gatewood Corp Center Location Map.pdf