TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Termination of the Transportation Impact Fee Reimbursement Agreement Regarding the Tuscola Boulevard Bridge (DAG-24-113).
Recommended Action
Terminate the Transportation Impact Fee Reimbursement Agreement Regarding the Tuscola Boulevard Bridge.
Background Information
The Central Parc development is a significant mixed-use project in Activity Center 9, encompassing approximately 207.5 acres of the former Sabal Trace Golf Course. This site is currently undergoing revitalization as it is classified as a brownfield area. Furthermore, this project is governed by the stipulations outlined in the Original Transportation Impact Fees Reimbursement Agreement concerning the Tuscola Boulevard Bridge, as recorded in Official Records Instrument #2019148367 of the Public Records of Sarasota County, Florida, and the Development Master Plan Order of Approval.
The Central Parc development received a series of approvals, including the following: Comprehensive Plan Amendment (CPAL-18-060), Text Amendment (TXT-18-179), Rezone (REZ-18-070), Development Master Plan (DMP-18-071), Infrastructure Plan (INF-20-048), Subdivision Plan (SCP-20-047), and Phase I and Phase II plats (PLF-23-167 & PLF-24-145).
During the City Commission Regular Meeting held on July 23, 2019, the Commission granted approval for the Central Parc Development Master Plan (DMP-18-071). Accompanying this plan was a Traffic Impact Study (TIS), which was conducted in November 2018 and submitted with the development master plan application. The TIS provided a comprehensive transportation concurrency analysis and outlined two options for transportation improvements designed to mitigate the impact of the Central Parc development. The first option proposed the construction of a bridge over the Cocoplum Waterway, thereby facilitating a connection from the Lowe’s property to Greenwood Avenue. Conversely, the second option suggested the implementation of right and left turn lanes on Greenwood Avenue and Appomattox Drive, should the construction of the bridge not proceed.
The approval order for the Development Master Plan contains the following conditions relevant to the Tuscola Bridge Agreement.
4. A two-lane bridge, including multi-use paths on both sides of the roadway, over the Cocoplum Waterway extending Tuscola Boulevard north, connecting to Greenwood Avenue is to be constructed by the Developer. An associated agreement between the Developer and the City, whereby costs of the bridge are to be paid by the Developer and reimbursed by the City through transportation impact fees, is to be executed as part of this development approval. The width of the multi-use paths to be provided and the timing of construction of the bridge shall be specified in such agreement. If an agreement to construct the bridge cannot be reached, the applicant must provide the transportation system improvements identified in the alternative scenario presented in the traffic impact statement.
5. If the bridge in condition 4 is constructed, the right and left turn lane recommendations of the Traffic Impact Analysis including the Cocoplum Waterway bridge connection to Tuscola Boulevard, submitted for this proposed development are to be completed simultaneously with Phase 1. The Developer shall evaluate the Tuscola Boulevard extension intersection to Greenwood Avenue at the main entrance into this proposed development for a four-way stop condition, and if justified, include this with the Tuscola Boulevard extension.
6. The turn lanes identified in the applicant's traffic impact study shall be provided as follows:
a. In providing the project's entrance to Greenwood Avenue, the applicant shall construct (i) an eastbound to northbound left-turn lane; and (ii) a westbound to northbound right-turn lane.
b. In providing the project's entrance to Appomattox Drive (not the emergency-only access) the applicant shall construct a westbound to southbound left-turn lane.
Analysis:
When the Original Transportation Impact Fees Reimbursement Agreement was executed, the City regarded the construction of a bridge as advantageous, as it would provide an alternative route and enhance connectivity within the roadway network. After discussing the terms outlined in the Original Agreement with the City, the developer consented to proceed with the bridge's construction.
Under the provisions of the Original Agreement, the developer was responsible for the bridge's design, permitting, and construction. In return, the City agreed to reimburse these expenditures utilizing the transportation impact fees collected from the project.
On November 27, 2024, the Planning and Zoning Division received an email request, followed by a formal letter, seeking the termination of the Central Parc Transportation Impact Fee Reimbursement Agreement concerning the Tuscola Bridge.
When the Agreement was approved in 2019, the estimated cost for constructing the bridge was approximately $1,992,000. According to the mixed-use plan area delineated in the approved development master plan, approximately $2,574,615 in impact fees were expected to be collected by the time the project reached completion. This amount was anticipated to fully cover the expenses of the bridge’s design, permitting, and construction.
However, progress on Central Parc and the bridge was delayed due to unforeseen factors, including the COVID-19 pandemic and difficulties securing environmental approvals. Further complications arose during the bridge’s design phase, leading to increased construction costs. The most recent Engineer's estimate for the bridge's construction has risen to $3,059,797.13, accounting for light poles and a 10% contingency, reflecting an approximate 53.6% increase from the original estimate.
After several discussions with the Public Works Department, it was concluded that constructing a bridge is unnecessary for effectively managing the traffic generated by the project. The Traffic Impact Study (TIS) has identified alternative transportation improvements intended to mitigate impacts resulting from the absence of the bridge. The alternative transportation improvements are incorporated as conditions of the Termination Agreement. These conditions can be located in Section 5 of the Agreement, as outlined below:
A. A westbound to northbound right-turn lane on Greenwood Avenue at Central Parc project connection.
B. An eastbound to northbound left-turn lane on Greenwood Avenue at Central Parc project connection.
C. A westbound to southbound left-turn lane on Appomattox Drive at Central Parc project connection.
Furthermore, Section 3 of the Agreement, titled Terminated City Obligations, clearly states that the City is not obligated to reimburse the Developer for any expenses related to the design and permitting of the Bridge.
The City has identified alternative transportation system improvements within the adopted 2024-2028 Capital Improvements Program (CIP) that are better suited to enhance roadway capacity. These improvements could be funded through the projected impact fees of approximately $3.4 million expected from the Central Parc development upon completion. Once the existing agreement is formally terminated, the impact fees already collected for the development will be released, allowing the City to direct these funds toward other high-priority transportation projects that would benefit from this additional financial resource.
Compliance with the City of North Port Comprehensive Plan
Transportation Element Goals, Objectives, and Policies (GOPs).
Policy 4.1: Consistent with Policies 1.2 and 1.3 of this Element, the City shall continue to monitor traffic volumes, land use information and growth trends along arterial and collector roadways to determine the need for future right-of-way acquisition, and other needed transportation system improvements.
Strategy 4.1.1: Monitor information related to traffic volumes, land use, and growth trends to evaluate future transportation needs.
Capital Improvement Element Goals, Objectives, and Policies (GOPs)
Policy 4.21: “…Each development within the City shall provide adequate infrastructure that meets or exceeds the levels of service standards adopted by the City and be fiscally sustainable….”
Policy 4.22: The City and County shall continue to annually coordinate on the collection of impact fees to finance capital improvements within the North Port area. Such improvements shall include transportation, libraries, and other facilities as deemed necessary…”
Compliance with the City of North Port Unified Land Development Code (ULDC)
Article III. Concurrency Management
Section 1.3.1. Purpose and Intent
B. This Article's purpose is to ensure the availability and adequacy of public facilities at the adopted levels of service concurrent with the impacts of development.
Section 1.3.5. Level of Service Standards
C. For all links where one (1) direction is projected to operate less than the acceptable level of service established by the City, improvements necessary to allow the link to operate at an acceptable level of service shall be identified and programmed for the project to be granted concurrency approval.
Conclusion:
The City staff has carefully reviewed the termination request along with the proposed transportation improvements intended to alleviate traffic impacts. The analysis shows that these measures align with the City of North Port’s Comprehensive Plan, specifically the Transportation Element under GOPs Policy 4.1 and Strategy 4.1.1, as well as the Capital Improvement Element encompassing GOPs Policy 4.21 and Policy 4.22. Additionally, they are compliant with the ULDC Article III, Sections 1.3.1.B and 1.3.5.C.
The City Attorney has reviewed and approved the legal form for terminating the Original Agreement. According to Section 15 of the Original Agreement, which outlines the procedure for amendments, this termination will follow the same process as the Original Agreement and will require approval from the City Commission. The document will be executed by both the Mayor and the Developer.
Strategic Plan
Infrastructure and Facilities Integrity
Financial Impact
Upon project completion, the total anticipated impact fees from the Central Parc project are approximately $3,428,559.14. Upon approval of the Termination Agreement, these fees will be allocated to the transportation impact fee account, which will be utilized by the City to finance future transportation improvement initiatives. As of the current date, $115,268.13 has been collected in transportation impact fees for the Central Parc development.
Procurement
Not applicable.
Attachments:
1. Formal Request to Terminate Transportation Impact Fee Reimbursement Agreement
2. Termination of the Transportation Impact Fee Reimbursement Agreement (Central Parc Bridge)
3. Transportation Impact Fee Reimbursement Agreement Recorded October 28, 2019
4. Engineer’s Opinion of Probable Cost (Bridge construction costs estimate)
5. Central Parc Transportation Impact Fee Estimates
6. Central Parc Development Master Plan Order of Approval
Prepared by: Sherry Willette-Grondin, Planner III
Thomas J. Fiorelli, Planning and Zoning Division Manager
Gabriel Quintas, AICP, CFM, Development Services Assistant Director
Lori Barnes, AICP, CPM, Development Services Deputy Director
Department Director: Alaina Ray, AICP, Development Services Director