07/21/2009 (2) - Laserfiche WebLink

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Rene Renzi, Waverly Place, wanted to know if the railroad crossing at 53rd Street would be a problem because she understood that if there would be a new crossing, two others on US 1 would need to be closed. Director Mora informed Ms. Renzi that only the 71St Street crossing would close, as a swap for the 53rd Street crossing. He said there would be a connection between 69th Street and 71St Street, by using 39th Avenue. Joe Paladin, 730 Commerce Center Lane, Black Swan Consulting, supported the Board and DiVosta moving forward, but was concerned about all the trips being loaded at one time. He wanted to know if they would get credit for the improvements at the same time. Attorney Collins said impact fee credits were given as the work is completed; and Director Mora explained how capacity is added once the improvement is designed and ready to begin construction. Commissioner O'Bryan voiced concern over loading 1,600 trips, and emphasized that it would handcuff future Commissions through the year 2024. He believed it was time to move forward, settle this, get out of the litigation business, and expedite opening 53rd Street. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board approved the findings and proposed settlement as outlined below: THE PROPOSED TERMS OF SETTLEMENT (1)53 rd Street (a) Under the DRI Development Order (DO) and accompanying Development Agreement (DA), DiVosta is required to construct the portion of 53rd Street west of the new bridge, by the time of the 1000th certificate of occupancy at Waterway Village. Because of the current real estate market, DiVosta is selling homes in Waterway Village at the pace of approximately 100 per year. Based upon this pace, DiVosta would not reach the 1000th unit for approximately 7-8 more years. However, as a part of the settlement, DiVosta proposes to advance the construction July 21, 2009