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 concerning a Chapter 163 Development Agreement for approximately 26.63 acres of property located on the east side of SW 43rd Court in the 3600 block (across from Saddlewood Elementary) (DMA23-45165). This is the first of two public hearings. The second and final public hearing is scheduled for May 16, 2023, at 4:00 pm
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
April 21, 2023
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BACKGROUND:
• Applicant: 200 Club of Ocala, LLC
• Property Owner: 200 Club of Ocala, LLC
• Agent: Fred N. Roberts, Jr., Esq.
The Ocala City Council will hold a first public hearing on Tuesday, May 2, 2023, to consider a Chapter 163 Development Agreement to be entered into pursuant to Sections 163.3220 through 163.3243, inclusive, Florida Statutes that includes a Settlement Agreement pursuant to Section 70.51 Florida Statutes, between the City of Ocala (City) and 200 Club of Ocala, LLC (Owner), project DMA23-45165. The second and final public hearing is scheduled for Tuesday, May 16, 2023, at 4:00 pm or soon thereafter. At the May 16, 2023, public hearing, the Ocala City Council will also consider a rezoning ordinance (ZON23-45169) for a portion of the property (15 acres).
In December 2021, the property owner made an application to the City to have the southern 15 acres of the property rezoned to R-3 (Multi-Family Residential District) that included a Chapter 163 Development Agreement for all 26.63 acres. The agreement addressed access, road improvements, proportionate share for costs of road improvements, construction timing, allowable uses, maximum densities/intensities, building heights, setbacks, design, signage, and buffers. On May 3, 2022, the Ocala City Council denied the rezoning ordinance (Ord # 2022-25) and the Chapter 163 Development Agreement (DMA22-44686). Immediately following the denial, the property owner filed a Petition for Relief under the Florida Land Use Environmental Dispute Resolution Act (FLUEDRA), Section 70.51, Florida Statutes. After the City and property owner engaged R. William Futch as the special magistrate, a noticed FLUEDRA final hearing was held on March 7, 2023. At the hearing, the City and Owner agreed to terms that would include a new rezoning ordinance to R-3 and a revised Chapter 163 Development Agreement/Settlement Agreement for consideration by the Ocala City Council. During the FLUEDRA process, Clifford B. Shepard, Esquire represented city staff and Councilman Mansfield was appointed by City Council to participate in all discussions.
The proposed Chapter 163 Development Agreement/Settlement allows for single-family residential and multi-family residential and related accessory uses. The density of the Multi-Family Parcel (15 acres) shall not exceed a maximum of 320 multi-family residential dwelling units (21.3 units per acre), or any combination of single-family and multi-family residential dwelling units such that the traffic impact of such combination of single-family and multi-family residential units does not exceed the number of p.m. peak hour trips that would be generated by 288 multi-family residential dwelling units (19.2 units per acre). The height of the multi-family parcel shall not exceed 50 feet. The remaining 11.63 acres will have a medium-intensity land use classification that allows a minimum of five dwelling units per acre or 0.15-floor area ratio and a maximum of 30 dwelling units per acre or a 4.0-floor area ratio. The height for the 11.63-acre parcel shall not exceed 50 feet.
FINDINGS AND CONCLUSIONS: The revised agreement addresses the commencement of construction of the project related to the SW 43rd Court improvements as well as setbacks, buffers, landscaping, design, parking, lighting, signage, utilities, vehicular/pedestrian facilities, and traffic/concurrency/proportionate share payments. The project will not commence until that portion of the road project is completed. Staff recommends approval of the proposed Chapter 163 Development Agreement.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: This agreement will be reviewed by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Table
• Deny