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File #: ORD-2023-46   
Type: Ordinance Status: Agenda Ready
File created: 4/18/2023 In control: City Council
On agenda: 5/2/2023 Final action:
Title: Introduce Ordinance 2023-46 concerning a zoning change to R-3, Multi-family Residential, for approximately 15 acres of property located on the east side of SW 43rd Court in the 3600 block (across from Saddlewood Elementary) (Case ZON23-45169) (Quasi-Judicial)
Introduced By: Kristen M. Dreyer
Attachments: 1. Case Map, 2. 163 Development Agreement (City of Ocala - 200 Club of Ocala) FNR v041323.1, 3. Catalyst Development Partners (Petition for Relief ADR - 70.51), 4. City Response to Petition - 200 Club
Date Action ByMotionResultAction DetailsMeeting DetailsVideo
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Submitted By: Tye Chighizola
Presentation By: Tye Chighizola
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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):
title
Introduce Ordinance 2023-46 concerning a zoning change to R-3, Multi-family Residential, for approximately 15 acres of property located on the east side of SW 43rd Court in the 3600 block (across from Saddlewood Elementary) (Case ZON23-45169) (Quasi-Judicial)
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OCALA'S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place

PROOF OF PUBLICATION:
N/A

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BACKGROUND:

* Applicant: Catalyst Development Partners II, LLC
* Property Owner: 200 Club of Ocala, LLC
* Agent: Fred N. Roberts, Jr., Esq.

In December 2021, the property owner made an application to the City to have the southern 15 acres of the property (Parcel # 23816-000-00) rezoned to R-3 (Multi-Family Residential District) that included a Chapter 163 Development Agreement for all 26.63 acres. The agreement addressed access, road improvements, proportionate share for costs of road improvements, construction timing, allowable uses, maximum densities/intensities, building heights, setbacks, design, signage, and buffers. On May 3, 2022, the Ocala City Council denied the rezoning ordinance (Ord # 2022-25) and the Chapter 163 Development Agreement (DMA22-44686). Immediately following the denial, the property owner filed a Petition for Relief under the Florida Land Use Environmental Dispute Resolution Act (FLUEDRA), Section 70.51, Florida Statutes. After the City and property owner engaged a special magistrate (R. William Futch), a noticed FLUEDRA final hearing was held on March 7, 2023. At the hearing, the City and Owner agreed to terms that would include a new rezoning ordinance to R-3 and a revised Chapter 163 Development Agreement/Settlement Agreement for consideration by the Ocala City Council.

The proposed Chapter 163 Development Agreement/Settlement Agreement allows for single-family residential and multi-family residential and related accessor...

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