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Highanks Prop Share Agrmnt
Attachment NameAttachment SizeAttachment Date
Size: 195K
Last Updated: 2017/4/26
Size: 185K
Last Updated: 2017/4/26
Size: 252K
Last Updated: 2017/4/26
Size: 1.4M
Last Updated: 2017/4/26
City of DeBary SealCity Council Meeting
City of DeBary

Subject: Highbanks/US 17-92 Proportionate Fair Share Agreement
From: Matt Boerger, Growth Management
Meeting/Hearing Date: May 10, 2017

(   )  Ordinance
(   )  Resolution
(X)  Other
(   )  Supporting Documents/Contracts

To approve a Proportionate Fair Share Agreement between the City of DeBary and Henin Springview, LLC, for the construction of a west bound right turn lane on East Highbanks Road at US 17-92.

The preliminary plat and construction plans for the Springview development has recently been approved by the Development Review Committee for the construction of 195 single family homes within the Springveiw residential neighborhood, (please see the attached site plan and Location Map). The approval of the site plan is subject to the approval of a proportionate fair share agreement by City Council, which would contribute to the cost to construct a west bound right turn lane on East Highbanks Road, at the intersection of US 17-92 (Please see the attached Intersection map indicating right turn arrow).

The applicant, Henin Springview, LLC is in the processing of finalizing a Preliminary Plan and Construction Plan (Construction Plans) for the Springview development which is located at the western terminus of Spring Vista Drive. The development plan has met all of the requirements of the Land Development Code with the exception of the City's transportation concurrency requirements. The City's Concurrency Management Section 2-5 of the Land Development Code requires that no development may be permitted unless the public facilities necessary to support the development are in place with adequate capacity to serve the development or will be in place when needed by the development. As part of the development approval process, the applicant was required to submit a transportation impact analysis (TIA) indicating the potential impacts the proposed development would have on the City's transportation network. The TIA indicated that the development, when complete, would exceed the City's adopted level of service (LOS) standard 'D' at the intersection of Highbanks Rd and US 17/92. According to the TIA, the development will not cause any other transportation facilities to exceed the City's adopted LOS.

The projected cost to improve the Highbanks/US 17-92 intersection to an acceptable LOS standard is approximately $300,000 as determined by the City's Transportation Engineering Consultants. Based on the TIA, the City's Consultant has determined that the Developers proportionate fair share of the intersection improvements is 11.86%, which is $35,580.00 based on the $300,000 estimate . Therefore, the developer has requested a proportionate fair share agreement, as outlined in the City's Land Development Code, Sec 2-8 for the Highbanks/US 17-92 intersection.

The City may choose to allow an applicant to satisfy transportation concurrency for a deficient segment through the proportionate fair share program by the developer contributing to an improvement that, upon completion, will create additional capacity on the deficient segment sufficient to accommodate the additional traffic generated by the applicant's proposed development. However, the City Council must adopt or amend the 5-year Capital Improvement Program as part of the Capital Improvement Element of the Comprehensive Plan to add the required transportation improvement. In this case, if the City Council chooses to approve the proportionate fair share agreement with the developer, then it must also amend the 5-year CIP to include the Highbanks Road/US 17-92 west bound turn lane and traffic signal configuration.

Findings of Fact:
1. The proposed development project, in conjunction with the proportionate fair share agreement, if approved by City Council, will meet the requirements of the City's Concurrency Management Sec 2-5 of the Land Development Code.
2. The proposed proportionate fair share agreement meets the requirements of Sec 2-8 of the Land Development Code.
3. Additional contributions, payments or revenue sources to fund the Highbanks/US 17-92 intersection improvement project are reasonably anticipated within the next five to ten years. Sources may include the R2CTPO funding, Developer Contributions, and Fuel Tax revenue.

Recommended Motion:
Approve the proportionate fair share agreement between the Henin Springview, LLC and the City of DeBary.

City Council Action:
(   )  Approved As Recommended
(   )  Approved With Modification
(   )  Disapproved
(   )  Continued Date:

(   )  Other


City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
Phone: (386) 668-2040  Fax: (386) 668-4122