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 Concurrency Development Agreement between the City of Ocala, W.G. One Corp, and Country Green, LLP for property located in the 4300 block of SW 20th Street (Parcels # 23320-005-25 and 23812-000-00/Wintergreen PD) (CDA21-44613). This is the second of two public hearings. The first public hearing was held on January 4, 2022. Postponed from the January 18, 2022, March 1, 2022 and March 15, 2022 City Council Meetings.
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
12/17/2021 and 01/07/2022
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BACKGROUND:
This Concurrency Development Agreement between the City of Ocala, W.G. One Corp, and Country Green, LLP addresses the future development for the property located in the 4300 block of SW 20th Street. The development approvals for this property known as the Wintergreen PD started in 2004. At that time, the Wintergreen property owner and adjacent property owner to the south (Ransome Group) were trying to develop their properties that did not have sufficient access. As part of a roadway agreement, the Ransome Group would donate right of way and construct SW 44th Avenue from SW 20th Street to SR 200. The Wintergreen property owner would donate a portion of the SW 44th Avenue right of way. In 2008, construction started on the roadway with the understanding that the Wintergreen property owner would be donating the right of way. The Ransome Group started the four-lane road south of SW 20th Street, but construction stopped due to economic issues in 2009. Over the past few years, staff has been working with the Wintergreen property owner concerning the development approvals for his property and the donation of the right of way. The City needs the right of way to complete this segment of the road, which is part of the beltway around the City. This project is listed as the number two priority on the Transportation Planning Organization’s (TPO) list of priority projects. The overall SW/NW 44th Avenue corridor will help move traffic from SR 200 to SR 326.
The Wintergreen property owner intends to develop the property as a Planned Development (PD) to allow for a mixed-use development that includes apartments and commercial/retail uses. The PD rezoning/plan will be submitted for approval after the adoption of this agreement. A traffic study was reviewed and approved by City, County, and the TPO. The traffic study indicates no additional level of service failures based on the new traffic generated by the build-out of the property, background trips, and vest trips. The study was based on SW 44th Avenue being completed, and the agreement includes an equivalency matrix to allow changes in the proposed uses.
FINDINGS AND CONCLUSIONS:
The proposed Concurrency Development Agreement along with a Donation Agreement are the necessary mechanisms needed to convey the right of way to the City. The Concurrency Development Agreement will reserve trips until 2037 for the property owner and mitigate the impact of the development. The Donation Agreement will be presented at the April 19, 2022, City Council meeting.
As part of the Concurrency Development Agreement, the City will support the property owner’s application to receive transportation impact fee credits for the donation of the right of way. Section 10-323 of the County Impact Fee Ordinance provides for a developer/property owner to receive a credit against impact fees according to a written impact fee credit agreement approved by the County Commission for the conveyance of ROW and construction or expansion of transportation facilities.
FISCAL IMPACT:
The agreement was reviewed by the Assistant City Attorney, James W. Gooding.
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The Concurrency Development Agreement and the Donation Agreement will allow staff to pursue additional funding from the state to complete SW/NW 44th Avenue corridor project.
ALTERNATIVE:
• Approve
• Approve with changes
• Deny
• Table