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File #: 2025-1821   
Type: Agenda Item Status: Passed
File created: 8/6/2025 In control: City Council
On agenda: 8/19/2025 Final action: 8/19/2025
Title: Approval of the Developer's Agreement for Winding Oaks Residential Phase 4
Attachments: 1. Developers Agreement.pdf, 2. Case Map.pdf, 3. Aerial Map.pdf

Submitted By: Karen Cupp

presenter

Presentation By: Jeff Shrum

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

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Approval of the Developer’s Agreement for Winding Oaks Residential Phase 4

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OCALA’S RELEVANT STRATEGIC GOALS:

Quality of Place

PROOF OF PUBLICATION:

N/A

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BACKGROUND:

Phase 4 of the Winding Oaks Planned Development is comprised of a single-family residential subdivision consisting of a total of 320 lots on 92.76 acres.

The developer is KL Winding Oaks LLC.

The roadways, drainage system, and retention areas will be maintained by the Community Development District (CDD) and the Homeowners’ Association (HOA).

The potable water and sanitary sewer systems are being dedicated for public maintenance.

The solid waste fee, required at the time of platting, has been paid by the developer for the 123 lots being platted under Phase 4A.  The solid waste fees will be due at the time of platting of the remaining lots for the sub-phases at $265 per lot.

The agreement addresses the construction and maintenance of the subdivision improvements.  Due to conflicts with an existing Duke Energy utility easement, the developer agreed to install 990 linear feet of six-inch (6”) diameter sanitary sewer force main to a city lift station located in the Heath Brook development.  The city will reimburse the developer $139,945 for materials and installation to serve the project.

The City Code of Ordinances, Section 70-621, requires the developer to pay the costs for the installation of streetlights on all streets internal to the project.  The City and developer are in active discussions toward the resolution of the streetlight requirement as it pertains to roadways adjacent to the development.

 

Prior to the recording of subsequent plats for the development, the developer shall make provision for streetlights in accordance with city regulations, but in no case more than one year from the effective date of the agreement.

Case No. Sub25-0004 (Final Plat and Developer’s Agreement) was recommended for approval by the Planning and Zoning Commission on July 14, 2025.  However, consistent with recent State of Florida law, final plat approval is no longer required by City Council.

 

FINDINGS AND CONCLUSIONS:

                     Platting is required for the creation of the individual lots.

                     Probable cost has been submitted for improvements not constructed to allow immediate recording of the plat.  The city engineer has requested modification of the probable cost submitted.

                     All outstanding staff comments on the plat review have been addressed.

                     Title opinion has been updated.  The plat must be recorded prior to August 29, 2025, or the title opinion will require updating.

 

FISCAL IMPACT:

The City will assume maintenance responsibilities for the potable water and sanitary sewer systems following the standard maintenance period.

Reimbursement for construction of the sanitary sewer force main will be drawn from account 616-030-337-536-69-65010.

 

PROCUREMENT REVIEW:

N/A

 

LEGAL REVIEW:

This Agreement has been reviewed and approved for form and legality by City Attorney, William E. Sexton.

 

ALTERNATIVE:

                     Approve with Changes

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                     Deny