Wednesday, December 05, 2012 - Regular Planning ... - Polk County

Collector Road (Pine Tree Trail). This is a developer share payment that is required to be
made prior to the first building permit being issued for a structure on the PD.
This first amendment to the Development Agreement is primarily concerned with the
share payment for Pine Tree Trail which has already been funded and constructed by
Polk County. AK Oakmont, LLC requests that a change be made to the payment method
so that the payment for Pine Tree Trail can be shared by all the developers. The new
payment is proposed to be divided among the residential lots and commercial area, as
follows:
• residential development: $ 136.00 per lot or dwelling unit
• commercial development: $ 509.00 per 1,000 square feet of
gross leasable area
Polk County would collect this share payment for lots or commercial area until it collects
the total $150,000.
AK Oakmont, LLC has provided Polk County with a Letter of Credit for $150,000 so that
building permits can be obtained for construction in the PD. The proposed Amendment
establishes a share payment schedule for AK Oakmont, LLC for the initial 325 single
family lots and a return of the Letter of Credit to the bank/AK Oakmont, LLC. Any
additional lots acquired by AK Oakmont, LLC would have the share payment applied
consistent with the above share payment schedule.
Pursuant to the Land Development Code, Section 915, Development Agreements states:
It is the intent of this Section 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, all in conformity
with and to carry out the purposes of the Polk County Comprehensive
Plan and the Local Government Comprehensive Planning and Land
Development Regulation Act.
Section 915, Development Agreements continues:
This intent is affected by exercising the authority granted the County to
enter into Development Agreements with applicants under Sections
163.3220 through 163.3243, F.S. This Section shall be regarded as
supplemental and additional to the powers conferred upon the County by
other laws and shall not be regarded as derogation of any powers now
existing.