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 and Country Green, LLP for property located at the 5300 block of SW 20th Street (Parcel # 23320-005-03/Country Green PD) (CDA21-44612). 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 and Country Green, LLP addresses future development for the property located in the 5300 block of SW 20th Street. The property owner for this development is the same owner of the Wintergreen PD. Staff is proposing that City Council adopt Wintergreen and Country Green Concurrency Development Agreements at the same time (January 18, 2022). At the same meeting, staff will be recommending that City Council also adopt a Donation Agreement between the same parties to secure the right of way for SW 44th Avenue.
The property is currently zoned Planned Development (PD). The property owner intends to develop the property as a mixed-use development, which may include 900 apartments and 75,000 square feet of retail space, as outlined in the PD Plan as currently approved.
A traffic study was reviewed and approved by City, County, and the TPO. The traffic study indicates a failure at the intersection of SW 20th Street and SW 38th Avenue and a needed signal timing modification at the intersection of SW 20th Street and SW 27th Avenue based on the traffic generated by the project. The agreement includes an equivalency matrix to allow changes in the proposed uses. The property owner is proposing that the deficient facilities be mitigated by donation of the right of way for SW 44th Avenue under the terms of the Wintergreen Concurrency Development Agreement.
FINDINGS AND CONCLUSIONS:
The proposed Concurrency Development Agreement along with the 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 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.
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The agreement was reviewed by the Assistant City Attorney, James W. Gooding
ALTERNATIVE:
• Approve
• Approve with changes
• Deny
• Table