Okaloosa County BOCC — October 7, 2014 — Action Item Printout

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Amendment to the Kelly Plantation Outparcel Infrastructure Agreement DEPARTMENT: Public Works BCC DISTRICT: 5 STATEMENT OF ISSUE: Will Dunaway, as agent for Synovus Bank, is requesting an amendment to the Infrastructure Agreement for undeveloped outparcels at Kelly Plantation that was previously approved on November 5, 2013. Due to permitting constraints with the Florida Department of Transportation (FDOT), the request is to remove one of the proposed access points from US 98 to the subject parcels. BACKGROUND: On November 5, 2013 Synovus Bank entered into an Infrastructure Agreement with Okaloosa County that required the development of turn lanes and internal access roads as mitigation for concurrency impacts related to the development of four (4) outparcels at Kelly Plantation. The proposed improvements were reviewed and approved by both the City of Destin and County staff as appropriate for the anticipated impacts. Following approval of the agreement, the engineer and agent for Synovus Bank met with FDOT staff in an effort to obtain permits for the proposed improvements. However, due to the pending expansion to US 98 in the project location, significant conflicts were found that essentially prevented the construction of all five proposed turn lanes from the state right-of-way. As a result it has been determined that removal of the easternmost proposed driveway (which was an access drive to an individual parcel, right in, right out only) has been eliminated. Furthermore, stormwater improvement requirements associated with the two remaining turn lane improvements (all located at access roads that will or do connect US 98 to Commons Drive) added costs that will be borne by the developer. Even with the reduction of the proposed driveway connection, the net cost of improvements proposed to the public is essentially unchanged. Based on the restrictions/requirements placed along the US 98 corridor, it is staff’s opinion that the proposed amendment is equitable and reasonable. The proposed Amended Infrastructure Agreement (attached) has been provided to the City of Destin for their review and approval; a memo stating that there is no objection is included herein. Counsel for the County has also reviewed the amendment and has no objections. OPTIONS: Approve/Deny execution of the Amended Infrastructure Agreement with Synovus Bank as requested by their agent, Will Dunaway. RECOMMENDATIONS: Approve execution of the Amended Infrastructure Agreement with Synovus Bank as requested by their agent, Will Dunaway. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator