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File #: 25-1055    Version: 1 Name:
Type: Recommendation Status: Consent Agenda
File created: 7/14/2025 In control: Public Works Department
On agenda: 8/5/2025 Final action:
Title: Approval and execution of Horizon West Town Center (McKinney Road PD/UNP) Adequate Public Facilities and Road Network Mitigation Agreement by and between McKinney Developments Group, LLC and Orange County providing for satisfaction of APF requirements for 1.24 acres and for a Fair Share payment in the amount of $187,316. District 1. (Roadway Agreement Committee)
Attachments: 1. 8.5.2025_25-1055_APF_RNAAgreement-MckinneySubdivisionPD_UNPExecutionVersion4
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Interoffice Memorandum

 

DATE: July 16, 2025

 

TO: Mayor Jerry L. Demings and County Commissioners

 

THROUGH: N/A

 

FROM: Joseph C. Kunkel, P.E., Director, Public Works Department

 

CONTACT: Renzo Nastasi, AICP, Chairman

 

PHONE: (407) 836-7964

 

DIVISION: Roadway Agreement Committee

 

ACTION REQUESTED:

title

Approval and execution of Horizon West Town Center (McKinney Road PD/UNP) Adequate Public Facilities and Road Network Mitigation Agreement by and between McKinney Developments Group, LLC and Orange County providing for satisfaction of APF requirements for 1.24 acres and for a Fair Share payment in the amount of $187,316.  District 1. (Roadway Agreement Committee)

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PROJECT:
N/A

 

PURPOSE:
The Roadway Agreement Committee has reviewed the Horizon West Town Center (McKinney Road PD/UNP PD) Adequate Public Facilities and Road Network Mitigation Agreement ("Agreement") by and between McKinney Developments Group, LLC and Orange County. The Agreement satisfies both the requirements for a road network agreement per the Town Center West Term Sheet approved by the Board on August 25, 2015, and the Developer’s Agreement required by Section 30-712(b) of Division 2 of Chapter 30, Article XIV, (“APF/TDR Ordinance”). The Agreement will be considered concurrently with the public hearing for LUP-24-08-198, which will consider the PD zoning for 27 single-family detached residential units and 7 townhomes. The project is generally located north of New Independence Parkway / east of Avalon Road.  

The project’s Adequate Public Facilities (APF) requirement under the APF/TDR Ordinance requires 1.24
acres of public facility lands to be provided based on the property containing approximately 6.37 acres of net developable land. Zero acres are being provided, creating an APF deficit of 1.24 acres. Under the terms of the Agreement, the APF deficit shall be satisfied by either acquiring 1.24 acres of APF credits from a surplus owner in the Town Center SAP or paying the then-current APF Deficit Fee to the County (presently $55,647.15 per acre) totaling $69,002.47, representing Owner’s full and final APF contribution for the Property. 

The Agreement also requires a Fair Share contribution as mitigation against deficient roadway segments of Avalon Road / C.R. 545 in the amount of $187,316. The payment of the Fair Share contribution is due prior to approval of the plat of the Property. Upon receipt of the Fair Share payment, the Owner shall receive transportation impact fee credits in the amount equal to the Fair Share payment, will receive vested trips, and shall have satisfied the County’s transportation concurrency requirements for the proposed development. The Agreement provides for the County’s use of the Fair Share amount for roadway improvements within the Town Center in the Horizon West Special Planning Area. 

The Roadway Agreement Committee recommended approval of the Agreement on February 26, 2025.  

The Specific Project Expenditure Report and Relationship Disclosure Forms are on file with the Transportation Planning Division.  

If you have any questions, please feel free to contact me at 407-836-5393.

 

BUDGET: N/A