SUBJECT:
Title
Request Approval of Amendment to Developer’s Agreement Ocala Crossings North PUD and to Developer’s Agreement Ocala Crossings South PUD (Budget Impact - Neutral; expenditure of $150,000, in future Transportation Improvement Program)
Body
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INITIATOR: |
DEPARTMENT: |
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Steven Cohoon, PE, County Engineer |
Office of the County Engineer |
DESCRIPTION/BACKGROUND:
This is a request to approve an Amendment to both Developer’s Agreements for the Ocala Crossings North and South Planned Unit Developments (PUDs). The Amendment addresses outstanding issues related to SW 85th Street and SW 90th Street, corrects a scrivener’s error in the South PUD Agreement related to the SW 85th Street obligations, modifies the North PUD requirements to reflect construction of only a partial segment of SW 85th Street, and establishes a path forward for the design and construction of SW 90th Street.
It has been determined that SW 90th Street cannot be constructed within the right-of-way alignment originally anticipated and already conveyed. It is necessary for SW 90th Street to be realigned to the north to avoid impacts to an existing home. This Amendment provides for additional right-of-way dedication by the developers and contemplates the County’s acquisition of supplemental right-of-way in areas not associated with either development. The Amendment also establishes a coordinated framework between the developers for the design, permitting, construction, and cost allocation of the remaining SW 90th Street improvements, along with issuance of transportation impact fee credits for eligible improvements.
While the developers remain responsible for design and construction of the SW 90th Street roadway improvements, it will be necessary for the County to perform a preliminary engineering evaluation to support the potential eminent domain acquisition of right-of-way not associated with the developments but necessary to complete roadway connections in the area.
The realignment of SW 90th Street requires relocation of an existing County water main. The relocation costs will be shared between both developers and be eligible for transportation impact fee credits, capped at the lesser of actual cost or seventy-five percent (75%) of the estimated cost of $174,500.
Estimated construction costs for the remaining SW 90th Street improvements are $718,246.49 for the southern developer and $1,146,028, for the northern developer, and will be offset through impact fee credits.
The additional right-of-way dedication required for the realignment of SW 90th Street will be eligible for impact fee credits at a rate of $60,000, per acre, with some impacts clearly identified at this time and others to still be realized during the design process.
As contemplated in this Amendment, Staff supports that the impact fee credits issued under this agreement be valid for 10 years from the effective date, reflecting the time required for County preliminary engineering and off-site right-of-way acquisition prior to construction. Pursuant to Section 10-323 of the Marion County Code, impact fee credit agreements exceeding five (5) years require a supermajority vote of the Board of County Commissioners.
BUDGET/IMPACT:
Neutral; expenditure of $150,000, for preliminary engineering and right-of-way, to be added to the upcoming Transportation Improvement Program (TIP).
RECOMMENDED ACTION:
Recommended action
Approve Amendment to Developer’s Agreement Ocala Crossings North PUD and to Developer’s Agreement Ocala Crossings South PUD and authorize the Chair and Clerk to sign the agreement and any associated documents.
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