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File #: 2022-0322   
Type: Public Hearing Status: Postponed
File created: 2/17/2022 In control: City Council
On agenda: 5/3/2022 Final action:
Title: Adopt 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) (DMA22-44686). This is the second of two public hearings. The first public hearing was held on March 1, 2022. Postponed from the March 15, 2022 and April 19, 2022 City Council Meetings.
Attachments: 1. 163 Development Agreement (CDP II) City of Ocala - 200 Club of Ocala FNR v021022.11.pdf, 2. ZON22-44645_Aerial, 3. ZON22-44645_CaseMap, 4. P Z Minutes 2.14.22, 5. March 1 2022 Minutes, 6. Letter of Opposition
Related files: ORD-2022-25

Submitted By: Tye Chighizola

presenter

Presentation By: Tye Chighizola

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

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Adopt 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) (DMA22-44686). This is the second of two public hearings.  The first public hearing was held on March 1, 2022. Postponed from the March 15, 2022 and April 19, 2022 City Council Meetings.

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OCALA’S RELEVANT STRATEGIC GOALS:

Quality of Place.

PROOF OF PUBLICATION:

February 18, 2022 and March 4, 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 applicant is the owner of a 26.63 acre property (Parcel No. 23816-00-00) that was voluntarily annexed into the City of Ocala in 2005.  No City land use designation or zoning was requested.  Marion County zoning of B-2 and R-3 remained in effect until adoption of the City of Ocala 2035 Comprehensive Plan in January 2013.  Once the City land use designation of Medium Intensity/Special District became effective, the County zoning became ineffective.  The property has not been zoned since then.

                     Catalyst Development Partners II, LLC, is purchasing the southern 15 acres of the 26.63 acre parcel from 200 Club of Ocala, LLC.  Catalyst Development Partners II, LLC, with the owner’s authorization, has filed a request to zone the property to R-3, Multi-family Residential. 

                     The R-3 zoning district is eligible for implementing Medium Intensity/Special District land use classification.  The rezoning request was heard by the Planning & Zoning Commission on February 14 and recommended for approval by a 5-2 vote.  The ordinance to rezone the property is on the City Council March 1 agenda for introduction.

                     Development on the subject property will be accessed via SW 43rd Court which is an incomplete roadway in its current condition.  It is a substandard two-lane road that dead-ends north of the property at the Sonoma development.  However, improvements to the road have long been planned to construct an arterial that will circumnavigate the western and southern areas of the City, connecting from County Road 326 southerly across State Road 200 with a fly-over I-75 and then easterly to Maricamp Road. 

                     In response to concerns about congestion in the area and recognition that transportation infrastructure is not currently in place to accommodate the potential level of development,  the property owner has submitted a Chapter 163 Development Agreement to address future development of the property, requiring a traffic study as part of any development review, and tying development to roadway and intersection improvements, including signalization.

FINDINGS AND CONCLUSIONS:

The Chapter 163 Development Agreement will require that a traffic study be part of any development review for the property.  The developer(s) will be required to construct traffic improvements to accommodate the development or make proportionate share contribution payments.  Development may not proceed until the traffic can be accommodated as outlined in the traffic study.

 

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