Legislation Details

File #: 2026-24252   
Type: Consent Status: Agenda Ready
File created: 8/28/2026 Meeting Body Board of County Commissioners
On agenda: 9/15/2026 Final action:
Title: Request Approval of Developer’s Agreement for Heritage Oaks Concerning Proportionate Share of Intersection Improvements at SE 73rd Avenue and CR 42, Application Number 30516 (Budget Impact – Revenue of $72,111.60)
Sponsors: Development Review Committee
Attachments: 1. LRM, 2. Developer's Agreement, 3. Adjacent 163 Development Agreement, 4. Location Map

 

SUBJECT:

Title

Request Approval of Developer’s Agreement for Heritage Oaks Concerning Proportionate Share of Intersection Improvements at SE 73rd Avenue and CR 42, Application Number 30516 (Budget Impact - Revenue of $72,111.60)

Body

 

INITIATOR:

DEPARTMENT:

Steven Cohoon, P.E., County Engineer

Office of the County Engineer

 

DESCRIPTION/BACKGROUND:

The developer, Southeast 73rd Ave., LLC, proposes to develop a residential project known as Heritage Oaks. The Heritage Oaks traffic impact analysis, dated November 2023 and accepted by the County, identified the need for a southbound left-turn lane on SE 73rd Avenue at CR 42 to mitigate the project’s transportation impacts.

 

The County has not yet secured the additional ROW necessary for the identified turn-lane improvement. The agreement therefore allows the Heritage Oaks developer to satisfy its proportionate-share obligation through payment to the County rather than construction at this time. The developer obtained an estimate of $160,248, representing 120% of the estimated cost of the identified improvement. The agreement recognizes the developer’s proportionate share as 45%, resulting in a payment of $72,111.60.  The agreement also grants impact fee credits in the amount paid.  As the improvement is not included in the County’s 5-year Transportation Improvement Plan (TIP), a super majority vote of the Board is required for issuance of the impact fee credits.

 

Lastly, the Villages of Marion PUD, located north of Heritage Oaks, is subject to a 2024 development agreement requiring signalization and turn-lane improvements also at SE 73rd avenue and CR 42 as specified development thresholds are reached. The Heritage Oaks proportionate-share payment may be applied toward these future intersection improvements once the necessary ROW is available, allowing the improvements to be coordinated rather than constructed separately.

 

BUDGET/IMPACT:

Revenue to Impact Fee East of $72,111.60

 

RECOMMENDED ACTION:

Recommended action

Motion to approve and authorize the Chairman and Clerk to execute the attached developer’s agreement.

end