TO: Honorable Mayor & Members of the North Port Commission
FROM: Jonathan R. Lewis, ICMA-CM, City Manager
TITLE: GEN-16-026 Development Agreement Relating to River Road Stormwater Improvements
Recommended Action
To approve a development agreement with the Sarasota County, West Villages Improvement District, Thomas Ranch Land Partners Village I, LLLP, West Villages Parkway West Associates, LLLP, and West Villages Parkway East Associates, LLLP for the dedication of public facilities.
Background Information
The Development Agreement provides for a public/private partnership which will ultimately produce stormwater facilities to facilitate the widening of River Road and will allow the utilization of the facilities as an amenity to the lands within the City of North Port and maintained by the developer.
The North River Road Improvement project is fully designed and permitted from North of US 41 to I-75. The ponds to accommodate the planned roadway improvements were acquired in April 2008, pursuant to an exchange agreement between Sarasota County and Fourth Quarter Properties XXXII, LLC, a Georgia limited liability company. The permitted plans include required drainage easements along the frontage to capture and convey off-site drainage from adjacent properties.
Thomas Ranch Land Partners Village I, LLLP, West Villages Parkway West Associates, LLLP, and West Villages Parkway East Associates, LLLP (Land Partners, West Associates, and East Associates, collectively referred to as “the Developers”) own approximately 431.85 acres of land within the corporate limits of the City of North Port, north of U.S. 41 along N. River Road, which will be developed as two residential projects. The Developers are not agreeable to conveying the easements required under the existing project design because of the impacts to their development plans. Therefore, in conjunction with the development of the projects, referred to as Village A and Village B, the Developers propose to construct joint use stormwater lakes on the County owned pond sites and Developer’s adjacent lands that will accommodate the stormwater needs of the County’s future N. River Road expansion project and the Village developments. Additionally, the West Villages Improvement District will construct a park around the Lake with Village B. Once constructed, the Lakes and the Park will be maintained by and at the expense of the West Villages Improvement District. Under the Agreement, the City of North Port would deem the subject developments concurrent with respect to roads, recreation, and open space requirements under the City code.
The Agreement recognizes that the Developers will be eligible to later petition for road impact fee credits with both the City and County for the costs attributable to the provision of stormwater for the Road Project. Furthermore, the dedication of a public park within the City will be eligible to petition for City park impact fee credits.
The proposed development agreement between the County, City, West Villages Improvement District, and Developers includes commitments, as further summarized below.
District and Developers Commitments:
The Developers agree to design, permit, and construct joint stormwater facilities on portions of Neighborhood 8 within Village A and Village B and on certain County lands adjacent to the Villages, which will provide stormwater capacity and function for these developments as well as N. River Road. Within thirty days of execution of the development agreement, the Developers shall execute easements on both Village A and Village B, which provide for the drainage and flowage of stormwater as well as the maintenance of those drainage functions in accordance with all applicable standards by the West Villages Improvement District. These facilities shall be certified complete no later than July 1, 2018.
A public park will be constructed within Village B, providing for passive recreational features. This park will be completed by July 1, 2019, and shall be dedicated to the West Villages Improvement District.
City Commitments:
The City shall vest and deem concurrent Neighborhood 8 within Village A and Village B with regard to both recreation and open space and roadway, for a period of seven years from the effective date of the agreement.
The City recognizes that the public park is considered an impact-fee eligible improvement and, therefore, the Developers may petition the City for impact fee credits upon completion of the park.
The City recognizes that the value of the land dedicated for the road project above the value of land that the County is providing to the Developers for the joint use ponds, as well as, the cost associated with design, permitting, and construction of improvements needed to accommodate the stormwater capacity for the road project (but not the private development), is eligible to petition for road impact fee credits. Therefore, the Developers may initiate a petition for impact fee credits upon completion of the stormwater ponds and processed in accordance with applicable regulations.
County Commitments
The County recognizes that the value of the land dedicated for the road project above the value of land that the County is providing to the Developers for the joint use ponds, as well as the cost associated with design, permitting, and construction of the improvements needed to accommodate stormwater capacity for the road project (but not the private development), is eligible to petition for road impact fee credits. Therefore, the Developers may initiate a petition for impact fee credits upon completion of the stormwater ponds and processed in accordance with applicable regulations.
Impact Fee Applicability
Neighborhood 8 within Village A and Village B are located within the City of North Port, therefore are subject to the City impact fees, as well as, those impact fees which the City collects for the County pursuant to interlocal agreements.
Pursuant to an interlocal agreement between the City and County, a portion of the County’s road impact fee is collected by the City on new development. In addition, the City collects a separate City road impact fee. The intent of having two road impact fees within the City is to provide for funding that supports both the countywide transportation network needs and citywide transportation network needs. Therefore, the Developers will be required to initiate separate impact fee credit petitions. Furthermore, the agreement recognizes that, should the applicable road impact fee regulations change, inclusive of an opportunity to change to a mobility fee system. Should the mobility fees occur, the credit provisions shall transfer to such new fee system. As of the time of drafting this agreement, the City has not indicated whether they choose to opt into the County’s mobility fee system, as a result, the County road impact fee is still being collected. Although the City and County systems are separate, the Agreement requires the sharing of any petitions and resulting impact fee credit petitions to insure that the total impact fee credits provided do not exceed the eligible cost of what is provided to support the River Road improvements.
The park impact fees recognized in the agreement are City park impact fees, as adopted in the City Code.
Pursuant to Sarasota County’s Development Agreement regulations, this agreement is to be presented at two public hearings. The first was held on February 9, 2016 whereby Sarasota County Commission approved the agreement to the second meeting. The County Commission stated their appreciation with all parties working together to address the needs of River Road including the stormwater system. The second public hearing for this agreement will be heard on February 17, 2016.
Strategic Plan
Financially responsible City providing quality municipal services.
Financial Impact
The City, through this agreement will deem Neighborhood 8 within Village A and Village B concurrent for roads and the park for a period of seven years. The park project will be eligible for park impact fee credits and the stormwater improvements are eligible for both City and County impact fee credits. If the funding systems change, the projects would still be eligible under the Mobility Fee program.
Procurement
N/A
Attachments:
1. Development Agreement Relating to River Road Stormwater Improvements
Prepared by: Michele Norton
Department Director: Scott Williams