Submitted By: Tye Chighizola
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Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Open a public hearing to consider a proposed amendment to a Concurrency Development Agreement to be entered into pursuant to Sections 163.3220 through 163.3243, Florida Statutes, between the City and Ocala Trophy Ltd., a Florida Limited Partnership, related to the Heath Brook Development of Regional Impact (DRI) located off SR 200. (This is the first of two public hearings. The second and final hearing is scheduled for Tuesday, August 16, 2002.)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
The ad ran on July 22, 2022, in the Star-Banner
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BACKGROUND:
The Ocala City Council will hold public hearings to consider a proposed amendment to a Concurrency Development Agreement to be entered into pursuant to Sections 163.3220 through 163.3243, Florida Statutes, between the City of Ocala and Ocala Trophy Ltd., a Florida Limited Partnership.
On September 7, 1999, the Ocala City Council adopted Resolution No. 99-130 which approved a Development Order for the Heath Brook Development of Regional Impact (DRI) located off SR 200. The site has Neighborhood and Low Intensity land use designations and Planned Development (PD), Community Business (B-2), Office Park (OP), and Shopping Center (SC) zoning. The DRI is a mixed-use development (approximately 908 acres) consisting of the following uses: 3,373 residential units (1,473 single-family units, 1,650 multi-family units and 150 assisted living facility units); 898,160,000 gross square feet of retail; 234,800 gross square feet of office; 117,400 business park/light industrial; 18 golf holes; 12-screen movie theater and 99 hotel rooms.
In 2005, a concurrency development agreement was adopted to address transportation concurrency for the development. The agreement identified transportation improvements outlined in the approved Heath Brook traffic study and the developer's contributions towards those improvements. The agreement also reserved additional trips (2,254 two-way peak hour trips and 1,176 peak hour direction trips). In 2009, a first amendment was adopted to address the use of certain intersection funds. A second amendment extended the expiration date of the additional reserved trips from November 20, 2014, to December 31, 2019. The second amendment also extended the term of the agreement to December 31, 2019. On August 21, 2018, the city adopted Resolution 2018-02 approving the Amended and Restated Development Order for the Heath Brook DRI, which approved a de minimis increase of 85 PM peak hour external trips reserved for the development of the Heath Brook DRI.
The proposed third amendment will extend the duration of the agreement until September 16, 2026, and add additional trips as the result of the donation of right of way for a four-lane roadway (SW 49th Ave) scheduled to be constructed by Marion County. The revision to the Heath Brook DRI traffic study indicated that the new proposed roadway would generate an additional 494 pm peak hour trips, bringing the total number of reserved pm peak hour trips to 4,296.
FINDINGS AND CONCLUSIONS: The proposed Concurrency Development Agreement amendment is related to an amendment to the DRI development order and a three-party agreement between the City, Marion County and Ocala Trophy to address the right of way donation for the proposed SW 49th Avenue project. City Council will consider all three agreements at the Tuesday, August 16, 2022, meeting.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The amendment is pending final review by City Attorney, Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve with changes
• Deny
• Table