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 for a Chapter 163 Development Agreement concerning property located on the east side of SW 43rd Court in the 3600 block (across from Saddlewood Elementary), approximately 26.63 acres (DMA22-44686). This is the first of two public hearings. The second public hearing is scheduled for September 20, 2022. (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
August 29, 2022, and September 9, 2022, in the Ocala Star-Banner
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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 subject property is located on the east side of SW 43rd Court, approximately 630 feet north of the intersection of SW 40th Street and SW 43rd Court. The southern 15 acres of the property are under contract for sale and proposed to be zoned R-3. The remaining 11.63 acres are not included in the sale contract and will require zoning in the future.
• The property was annexed by the City of Ocala in 2005 pursuant to a request from the property owner at that time. No City land use designation or zoning was requested. The Marion County land use designation of Commercial (23.2 acres) and High-Density Residential (3.9 acres) with associated zoning of B-2 and R-3 remained in effect until the adoption of the 2035 Comprehensive Plan in January 2013.
• The Ocala 2035 Vision Plan identified this area as appropriate for Medium Intensity development. In January 2013, the adoption of the Comprehensive Plan Future Land Use Element designated the subject property and much of the area south and north of the Sonoma development as Medium Intensity/Special District. The intent of this category is to identify neighborhood and community-serving activity centers. Permitted uses include residential, office, commercial, public, recreation, educational facilities, and institutional uses. Medium Intensity/Special District has a minimum density and intensity of 5 dwelling units per acre or 0.15 FAR. Maximum density and intensity are 30 dwelling units per acre and 4.0 FAR, respectively.
• An analysis of residential market potential conducted by Zimmerman/Volk Associates, Inc., in August 2017 identified a need for additional housing units. Growth in the warehouse distribution and logistics sector has driven the need as much of the workforce commutes from outside the city and outside of Marion County. The requested R-3, Multi-family Residential, zoning is eligible to implement the Medium Intensity/Special District and is appropriate on arterials.
• The Medium Intensity/Special District land use designation is reflective of the long-held plan to construct a road within the SW 43rd Court right-of-way that will circumnavigate the western and southern areas of the city. As is the local practice, the road frequently changes names from NW 44th Avenue to NW/SW 46th Avenue to SW 44th Avenue to SW 43rd Court to SW 43rd Street Road, to SW 42nd Street to SW/SE 32nd Street to SE 31st Street. The simple explanation is that the road will connect from County Road 326 southerly across State Road 200 with a fly-over I-75 and then easterly to Maricamp Road.
• On May 3, 2022, City Council denied the rezoning and the Chapter 163 Development Agreement. Within the 30 days of the denial, the property owner filed a Petition for Relief under the Florida Land Use Environmental Dispute Resolution Act, Section 70.51, Florida Statutes (FLUEDRA). After the parties’ engagement of Special Magistrate R. William Futch, issuance of a Notice of Hearing, and the City’s timely notice to proper parties, a FLUEDRA hearing was held on Tuesday, August 9, 2022. The proposed agreement sets forth the terms agreed upon by the parties during the first phase of the FLUEDRA hearing pursuant to Section 70.5117(a), Florida Statutes.
• Since the denial of the rezoning, the city has secured the remaining amount from the state to complete SW 43rd Court/SW 44th Avenue Road project. The improvements include upgrading the roadway in front of the project to a four-lane facility, intersection improvements at SW 43rd Court and SW 38th Street, and the connection from SW 43rd Court to SR 200.
• The proposed Chapter 163 Development Agreement allows single-family residential and multi-family residential and related accessory uses, including, without limitation, recreation uses and facilities. The multi-family residential in the proposed R-3 property (15 acres) allows up to a maximum of 288 dwelling units. The agreement includes development standards to address design, buffering, setbacks, parking, vehicular/pedestrian access, lighting, and signage as well as the proposed SW 43rd Court traffic improvements (phasing, concurrency, and proportionate share payments) and other potential improvements identified in a traffic study.
• On September 6, 2022, the City Council will consider an introduction of an ordinance to rezone the property to R-3 with a public hearing scheduled for September 20, 2022, at the same time as the Chapter 163 Development Agreement’s second public hearing.
FINDINGS AND CONCLUSIONS: The R-3 zoning district and the proposed development plan are consistent with and eligible to implement the Medium Intensity/Special District land use classification. The scheduled road improvements will address the capacity of the project and concerns about the intersection.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The agreement is pending review by the City Attorney, Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve with changes
• Deny
• Table