Apopka commission unanimously approves fourth amendment to Kelly Park development agreement to keep Kelly Park Road project moving

The Apopka City Commission on April 16 unanimously approved a fourth amendment to the Kelly Park Crossing development agreement intended to resolve a dispute over impact fees and allow necessary road work to proceed.

City Attorney Cliff Shepherd described the amendment as a negotiated settlement among the city, developer representatives and other co‑developers that deletes some developer obligations, extends deadlines for design and construction of intersection improvements and grants the developer impact‑fee credits for trail construction. He said the amendment is designed to avoid litigation over whether earlier permit processing left the city exposed to claims.

Developer Mike Galvin, who identified himself as a member of Kelly Park Land Investments, told the commission the project partners had depended on an ordinance raising single‑family impact fees in 2023 to finance about $15 million in infrastructure obligations and that a permit processed at an earlier, lower rate created roughly an $858,000 shortfall. Galvin said his group advanced nearly $6.75 million for the project and that the settlement cleans up “old agreements” so the long‑planned four‑lane improvements on Kelly Park Road can move forward. “If the county is going to require a signal, who’s going to pay for it?” Galvin asked, pressing the commission to clarify cost responsibility for Orange County‑requested signals.

Commissioners pressed staff on which obligations were being removed from the developer, whether the city or county might ultimately bear any shortfall, and how water‑main upsizing and oversized‑agreement credits would be handled. City staff and the developer said the amendment does not automatically transfer obligations to the city; instead, further negotiations with Orange County or future agreements could determine responsibility for any remaining costs related to turn lanes, signals or upsized water mains.

Members of the public, including nearby residents and property owners, urged clarity on right‑of‑way acquisition and timing. The developer said appraisals and negotiations for required property‑acquisition work are underway and that construction of the first four‑lane segment has already advanced.

The commission voted to approve the amendment by motion; the vote was unanimous. Supporters said settling the dispute would avoid delay and litigation and allow construction to proceed; opponents and questioners asked the city to preserve transparency about any future liability that could fall to residents or taxpayers.

The commission did not adopt any immediate city appropriation for the project; staff said the amendment, the developer’s escrow and future coordination with Orange County and other developers will guide next steps and funding responsibilities.