SUBJECT:
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PUBLIC HEARING: First of Two Public Hearings for Presentation and Discussion Regarding a Proposed Developer’s Agreement (Agreement, 24-03DA) between Marion County, Florida and 140 MHC, LLC., Related to Rezoning Case 240505ZC; and Request to Confirm the Second Public Hearing to Consider the Agreement on Tuesday, November 5, 2024, at 10:00 a.m. or Soon Thereafter in the McPherson Governmental Campus Auditorium
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INITIATOR: DEPARTMENT:
Christopher D. Rison, Senior Planner Growth Services
DESCRIPTION/BACKGROUND:
James W. Gooding, III, Esq., submitted a proposed Developer’s Agreement (Agreement), on behalf of 140 MHC, LLC., related to Rezoning Case 240505ZC (Hidden Little Lake Weir, LLC.) for Parcel Identification Number (PID) 45509-000-00, totaling ±10 acres; no address is currently assigned to the parcel, and the legal description is contained within proposed Agreement (See Attachment A).
On May 21, 2024, the Board approved Rezoning Application 240505ZC, Hidden Little Lake Weir, LLC., granting a Manufactured Housing Park (P-MH) zoning for Parcel Identification 45509-000-00, that is a ±10-acre property surrounded by the Del Webb Spruce Creek Country Club and Little Lake Weir Subdivision projects (See Attachments C and D). With the proposed rezoning request, the applicant proposed, and the Board concurred with, providing a Developer’s Agreement to establish development and design standards for the anticipated manufactured housing park project. Staff has also attached the applicant’s initial letter of intent regarding the project and the concept plan illustration provided at the May 21, 2024, hearing; however, the concept plan is not identified as an exhibit to the Agreement.
The Agreement addresses the items raised with consideration of the zoning request consistent with the Board’s discussion. The Agreement provides for an age-restriction for persons 55 and older per State and Federal requirements, the community’s ownership and rental operation, buffers, access maintenance, type/size of units, amenities, and providing for project review, with a 30-year Agreement duration consistent with the then discussion.
The maximum number of units was a staff and community concern due to the site’s limited access (a single dead-end roadway stub-out) and Land Development Code (LDC) requirements for a second access for residential developments of 50 units or more. The Agreement inadvertently omitted a limit of 49 units for the project and the applicant’s attorney will revise the Agreement for the final consideration to include the limit. Further, the developer’s obligation to maintain the dead-end roadway stub-out is listed in the Agreement, but does not provide specific details. Following discussion with the County Engineer, the applicant’s attorney will revise the Agreement for the final consideration to provide greater detail on addressing maintenance of the dead-end roadway stub-out.
This public hearing represents the first of two (2) public hearings regarding the Agreement. During the October 1, 2024 Board meeting, November 5, 2024, at 10:00 a.m. was approved for the second public hearing. However, Statute requires the second public hearing date to be confirmed during the first public hearing.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Receive public comment, provide direction to staff, and motion to confirm the second public hearing to consider the Agreement on Tuesday, November 5, 2024, at 10:00 a.m. or soon thereafter in the McPherson Governmental Campus Auditorium.
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