Manatee County Government Administrative Building First Floor, Chambers December 7, 2017 - 9:00 am
SECOND REVISION TO December 7, 2017 Land Use Meeting
Agenda Item #9

LDA-14-01 - Local Development Agreement for Aqua by the Bay - DTS20140243 - Quasi-Judicial - Clarke Davis, Public Works

Briefing Provided Upon Request

Contact and/or Presenter Information

Presenter:  Clarke Davis, Public Works, x7272

Action Requested

Based on evidence present and finding the request to be CONSISTENT with the Manatee County Development Code and Comprehensive Plan, I move to approve the Local Development Agreement for Aqua by the Bay LDA-14-01.

(Commissioner Jonsson)

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

Aqua by the Bay (Aqua) was approved on October 3, 2017, as PDR/PDMU-15-10(Z)(G) for a 529.1786± acre collection of parcels of real property located in Manatee County and generally bounded by Sarasota Bay to the south, Legends Bay Subdivision to the east, and El Conquistador Parkway.  The site is located in the Planned Development Residential (PDR) and Planned Development Mixed Use (PDMU) zoning districts, and it is approved for 2,894 residential units with a maximum allowed structure height of 95 feet and 78,000 square feet of commercial uses.

The proposed Local Development Agreement is to establish the terms under which the Aqua developer shall provide proportionate fair-share mitigation to satisfy the transportation concurrency requirement and the terms under which the County shall provide an extension of the transportation concurrency approval.

The proportionate fair-share amount was calculated based on Aqua’s share of development-required mitigation at four intersection locations.  The combined estimate of the proportionate fair-share payments is $1,542,580.00.   The agreement allows for payment of the fair-share amount in-full for the County to implement capacity projects in accordance with statutory requirements, or for the Aqua developer to construct road improvements to El Conquistador Parkway having the same value.

The agreement also specifies the County shall issue a Certificate of Level of Service Compliance (CLOS) for transportation concurrency with an initial expiration date of December 31, 2022.  It contains provisions under which the developer may extend the expiration by as much as eight years.

This is the second of two required public hearings. The first public hearing was held on November 28, 2017. 

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

William Clague reviewed under Request for Legal Services #RLS-14-176.

Reviewing Attorney

Instructions to Board Records

Please forward the cost of recording to bobbi.roy@mymanatee.org and she will notify the applicant. 

Please forward 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:  Aqua LDA (Final 20171121).pdf
Attachment:  LDA-14-01 Maps.pdf
Attachment:  Newspaper Advertising - Aqua by the Bay LDA - LDA-14-01 120717 BCC.pdf