Okaloosa County BOCC — July 2, 2013 (meeting #1140) — reading text

financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development. (3) In conformity with, in furtherance of and to implement the Local Government Comprehensive Planning and Land Development Regulation Act and the Florida State Comprehensive Planning Act of 1972. it is the intent of the Legislature to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. (4) This intent is effected by authorizing local governments to enter into development agreements with developers, subject to the procedures and requirements of ss. 163.3220- 163.3243. (5) Sections 163.3220-163.3243 shall be regarded as supplemental and additional to the powers conferred upon local governments by other laws and shall not be regarded as in derogation of any powers now existing. WHEREAS, the Okaloosa County Land Development Code has been adopted by Ordinance No. 91-1, as amended, and does contain Section 1.11.05 “Development Agreement” which specifically authorizes the County to enter into development agreements with developers; and Packet Pg. 8 WHEREAS, the Developer wishes to develop a 160-lot single family residential development project which will be comprised solely of residential and accessory uses; and WHEREAS, the Developer has control of a __ +/- acre parcel of property (the “Property”) located as more particularly described in Exhibit A, which possesses the required characteristics to accommodate the proposed general plan for development of the Property which has been submitted by the Developer under the name of Nature Lake ( the “Project”); and WHEREAS, the Property is currently zoned by the County for residential use and the Developer has submitted a development order application with the County, which seeks to develop to an extent which is less than the maximum development density allowed for the zoning district; and WHEREAS, the Project will be developed in up to three (3) phases over a period of years and therefore the Developer is desirous of agreeing upon and memorializing its development rights with regard to the Property in contractual terms; and WHEREAS, it is in the best interests of the County and its citizens that the development of the Property be completed in a planned and orderly fashion giving consideration to the subjects addressed by this Agreement; and WHEREAS, the Developer and the County have agreed upon terms and conditions relating to the development of the Property, development rights, and benefits to the County and its citizens which are acceptable to the Developer and acceptable to the County, and the Developer and the County have deemed it appropriate that the terms and conditions of their agreements be reduced to written form; and WHEREAS, the benefits to the County as a result of entering into this Agreement are unique to the particular circumstances of this Agreement; and WHEREAS, the Act provides a means for the Developer and the County to document the assurances sought by each and commitment to the terms and obligations of this Agreement; and WHEREAS, pursuant to the requirements of Section 163.3225, Florida Statutes, the County has held two public hearings with respect to this Agreement, those being held on June 13, 2013 and July 2, 2013 respectively, with due public notice provided for each as required by law. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other good and valuable consideration, the Developer and the County enter into this Development Agreement and do hereby agree as follows: ARTICLE II. DEFINITIONS The following definitions shall apply to the terms and conditions of this Agreement. If a word, term or phrase is not defined in this Article, its meaning shall be as defined in the Okaloosa County Land Development Code. 2.1 “Comprehensive Plan” means the adopted Okaloosa County Comprehensive Plan, Ordinance No. 90-1, as subsequently amended. 2.2 “County” means Okaloosa County, a political subdivision of the State of Florida. Packet Pg. 9 2.3 “Developer” means, Nature Lake of NW Florida, LLC Florida limited liability company, and its lawful successors in title and interest. 2.5 “Land Development Code” means the Okaloosa County Land Development Code, Ordinance No. 91-1, as subsequently amended. 2.6 “Maintenance” means servicing, support, and upkeep of all infrastructure servicing the Project. 2.7 “Owners Association” means the non-profit corporation established as a mandatory owners association for the governance of the use of the property subject to this Agreement. 2.8 “Project” means the proposed residential development, Nature Lake, and all supporting uses and amenities authorized by this Agreement, as more particularly described herein. 2.9 “Property” means the real property more particularly described as Exhibit A upon which the Project will be developed. 2.10 “Right-of-way” means the area which may be dedicated to the County or such other governmental entity allowing access for public works, utilities, and public access, or to the community association for members’ use and access. ARTICLE III. ESSENTIAL REQUIREMENTS The essential requirements of law for this Agreement as prescribed by Section 163.3227, Florida Statutes, are addressed as follows: 3.1 Legal Description - A legal description of the property to be developed subject to the terms and conditions of this Agreement is attached hereto as Exhibit A, and incorporated herein by reference. 3.2 Duration of Agreement - The duration of this Agreement shall be for five (5) years commencing with the effective date of this Agreement. This Agreement may be extended by the mutual consent of the parties for an additional five (5) years. 3.3 Development Uses (a) The parties do hereby agree that the Developer intends to develop a residential development consisting of a maximum of 160 single family units and all associated roadways, stormwater treatment, landscaping, and other improvements as may be required by the Land Development Code; and could, but are not obligated to, build and develop accessory uses and structures including storage areas, parking lots and/or garages. Building density shall be no more than 4 units per acre, and building height shall not exceed 45 feet. (b) The Project described in section 3.3(a) may be developed in up to three phases through the term of this Agreement. Prior to the development of each phase, the Developer shall submit to the County all notices and/or contributions provided for in this Agreement. Development authorized by this Agreement shall be in conformance with the terms of this Agreement. The proposed phasing includes ninety two (92) lots for Phase 1, forty (40) lots for Phase 2 and twenty eight (28) lots for Phase 3. Packet Pg. 10 3.4. Public Facilities and Public Capacity Reservation - The Developer, at its expense, will supply adequate public facilities and services to serve the Project concurrent with the impact which creates the need for the following services: (a) Solid Waste Disposal - Collection service for the Project will be in accordance with the franchise agreement between Okaloosa County and the franchised hauler. (b) Stormwater Management – The Developer shall design and construct or cause to be constructed at its expense, a stormwater management system to serve all parcels within the project boundary. All stormwater management system improvements located within the Project will be: (1) designed and constructed to County and State standards and (2) all improvements located outside the boundaries of individual parcels which are not dedicated to the County will be maintained as common elements by the Owners Association. The County will not be responsible for any construction or maintenance costs associated with the stormwater drainage system within the Project unless it is dedicated as a public facility and formally accepted after the completion of the required bonding and warranty period. The project-wide system is intended to provide the primary treatment capacity for all development within the Project. 3.5 Consistency - The development authorized by this Agreement is consistent with the goals, objectives, and policies of the Comprehensive Plan, and applicable development regulations in effect at the time of the execution of this Agreement. 3.6 Required Permits - Developer shall obtain, or cause to be obtained, all requisite County permits and authorizations to allow construction of the development contemplated herein including, but not limited to, an Okaloosa County Development Order, Okaloosa County Stormwater Permit, and an Okaloosa County Underground Utility Permit. Failure of this Agreement to address a particular permit, condition, term or restriction, including permits or authorizations issued by agencies other than Okaloosa County, shall not relieve the Developer from the necessity of complying with the laws governing such permit requirement, condition, term or restriction. 3.6 Additional Conditions - The Developer, its successors and assigns, agree to provide all necessary facilities and services required for development of the Property in accordance with the terms of this Agreement. 3.8 The parties hereto do agree that the Developer may act in reliance upon this Agreement. Nothing herein, however, is intended to preclude the County from exercising its proper regulatory powers to protect the health, welfare, and safety of the public. ARTICLE IV. INFRASTRUCTURE CAPACITY 4.1 The Developer has submitted to the County a comprehensive Traffic Impact Analysis for the Project prepared by Innerlight Engineering Corporation, Inc. including land use and transportation capacity analysis data for the purpose of determining the impact the Project will have on the local roadway network, a copy of which is attached hereto as Exhibit B and incorporated herein by reference. 4.2 The proposed trips resulting from the development of the Project exceeds the capacity available along segments of SR 85 and Airport Road. The parties have agreed that the Developer may address the capacity constraints in the impact area through an in-kind contribution of turn lane/roadway improvements along Lake Silver Road, as more fully set forth in section 4.4(a) below, and cash Packet Pg. 11 contributions which the County will apply directly to the ongoing Fairchild Road project, as set forth in section 4.4(b) and (c) below (collectively, the “Mitigation Payment”).. 4.3 In consideration of the Mitigation Payment, which provides value and capacity enhancement to the County roadway system, the County agrees to reserve a total trip capacity of 53 P.M. Peak Hour trips and 37 P.M. Peak Hour trips, respectively, in relation to the segment of State Road 85 (from Stillwell Boulevard to Old Bethel Road) and Airport Road which are to be primarily impacted by said trips. 4.4 The total budgeted construction cost of the Fairchild Road project is $2.5 million, which