Okaloosa County BOCC — February 21, 2017 — Highlands Master Plan Development Agreement — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 21, 2017 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Highlands Master Plan Development Agreement DEPARTMENT: Growth Management BCC DISTRICT: 1 - Commissioner Fountain STATEMENT OF ISSUE: Consideration of a Development Agreement by and between the Board of County Commissioners and Highlands Holdings of NWF, LLC for the purpose of establishing development rights for certain real property located within the unincorporated area of Okaloosa County; providing assurances in accordance with existing laws and policies subject to the conditions of the agreement; and, insuring that the agreement is in compliance with applicable provisions of Sections 163.3220-163.3243, Florida Statutes, and the Okaloosa County Comprehensive Plan. BACKGROUND: 1. Section 1.11.05 “Development Agreement”, Land Development Code specifically authorizes the County to enter into development agreements with developers. 2. The subject property is currently zoned for residential use and the Developer has submitted a development order application which seeks to develop to an extent which is less than the maximum development density allowed for the zoning district. 3. The developer intends to develop a residential development consisting of a maximum of 253 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 is 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 2 units per acre, and building height shall not exceed 45 feet. 4. The development project may be developed in up to three phases through the term of the development agreement. Prior to the development of each phase, the Developer shall submit to the County all notices and/or contributions provided for in the agreement. Development shall be in conformance with the terms of the agreement. The proposed phasing includes sixty-four (64) lots for Phase 1, one hundred ten (110) lots for Phase 2 and seventy-nine (79) lots for Phase 3. 5. The proposed trips resulting from the development exceeds the capacity available along segments of SR 85. 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, valued $200,000.00, and cash contributions, which the County will apply to the PJ Adams Parkway Widening project, in the amount of $219,733.00. 6. The development agreement only addresses traffic concurrency and all other requirements will be addressed through the development order process. It should be noted, the three proposed phases described in the development agreement are not contiguous. It makes sense to consider the three phases together, in regards to traffic, as all generated trips must use Lake Silver Road for access. Because of this, all generated trips impact the same roadway segments analyzed for concurrency in the Land Development Code. This development agreement does not provide approval for potable water, sanitary sewer, stormwater, solid waste, recreational, or public school concurrency. 7. It is in the best interests of the County and its citizens that this development be completed in a planned and orderly fashion giving consideration to the subjects addressed by the proposed Development Agreement. PUBLIC COMMENT/OPPOSITION: None to date. STAFF POSITION: Staff supports the requested Development Agreement. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held October 13, 2016. MILITARY REPRESENTATIVE: No comment. OPTIONS: Approve or not approve. RECOMMENDATION: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation, as well as any facts that may be presented at the public hearing, and then decide whether to approve or not approve the development agreement. Staff recommends approval. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator