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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Approve a “Second Amendment to Concurrency Agreement and Contribution Agreement" to be entered into pursuant to Sections 163.3220 through 163.3243, inclusive, Florida Statutes, between the City of Ocala (City) and KAS OCALA, LLC, project CDA22-44744. This is the second of two public hearings. The first public hearing was held on Tuesday, April 19, 2022.
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
April 12, 2022 in the Star Banner
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BACKGROUND:
The property is approximately 77.44 acres located on the west side of SW 38th Avenue just north of SW 28th Place and fronts along the east side of the proposed SW 44th Avenue Extension (Parcel 2380-000-001. The site has medium intensity/special district land use with Office Park (OP) zoning.
In 2004, the City and the then-current owner Larry Wood, Trustee (“Wood”) - entered into a Concurrency Development Agreement in which: the City recognized a previous reservation of capacity for trips in favor of the owner, and extended the term of the reservation of trips a total of four years; and the owner agreed to convey to the City two parcels of real property for right-of-way for future east/west and north/south public road facilities, including the future SW 44th Avenue Extension. The development agreement included a maximum development intensity not to exceed 200,000 square feet of office uses with a maximum height of 50 feet.
The property was purchased by Ransome Group Investors, LLP (“RGI”) in 2005. In 2008, the City and RGI amended the Concurrency Development Agreement to extend the reservation of capacity for trips granted to Wood under the terms of the Concurrency Development Agreement, for a term of four (4) years commencing on the effective date of such amendment. The request to extend the term of the agreement was based on the City obtaining portions of the right-of-way for SW 44th Avenue Extension from RGI, as the successor-in-title to Wood as to the Property, and RGI initiating construction of the SW 44th Avenue Extension in accordance with plans prepared by City. The proposed Second Amendment addresses the conveyance of additional right-of-way and extending the capacity reservation for trips to the successor-in title KAS Ocala, LLC.
FINDINGS AND CONCLUSIONS: The proposed Concurrency Development Agreement is necessary to convey the right of way for the SW 44th Ave extension to the City.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The agreement was reviewed by the Assistant City Attorney, W. James Gooding.
ALTERNATIVE:
• Approve
• Approve with changes
• Deny
• Table