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File #: 2024-13860   
Type: Public Hearing Status: Agenda Ready
File created: 1/12/2024 Meeting Body Board of County Commissioners
On agenda: 2/6/2024 Final action:
Title: PUBLIC HEARING: Continuation of the Second of Two Public Hearings to Consider an Amended and Restated Development Agreement to a Chapter 163, F.S. Development Agreement (Modification, 23-DM10) Between Marion County, Florida and DDMM Villages, LLC (fka Utopia 42, LLC), Digvijay Gaekwad, and Villages of Marion County GP, LLC, Related to the Utopia/Gaekwad Village Planned Unit Development (PUD, 220102Z)
Attachments: 1. 23-DM10-UtopiaGV-PUD_BCC-2_Rpt_2-6-24, 2. Attach A - AR Dev Agreement DRAFT - JG 1-30-24 upload, 3. Attach B - OriginalDevAg BK-PG_4641-281, 4. Attach C1 - MasterPlan_UGV-PUD_Nov2022, 5. Attach C2 - REV Sheets 05.01 and 8.01, 6. Attach D - Utopia-GaekwadVillage-PUD-App-Ltr_AR27617

 

SUBJECT:

Title

PUBLIC HEARING: Continuation of the Second of Two Public Hearings to Consider an Amended and Restated Development Agreement to a Chapter 163, F.S. Development Agreement (Modification, 23-DM10) Between Marion County, Florida and DDMM Villages, LLC (fka Utopia 42, LLC), Digvijay Gaekwad, and Villages of Marion County GP, LLC, Related to the Utopia/Gaekwad Village Planned Unit Development (PUD, 220102Z)

Body

 

INITIATOR:

DEPARTMENT:

Christopher D. Rison, Senior Planner

Growth Services

 

DESCRIPTION/BACKGROUND:

James W. Gooding, III, Esq., submitted a proposed Chapter 163, F.S., Amended and Restated Development Agreement to modify a Developer’s Agreement (Modification) on behalf of DDMM Villages, LLC. (fka Utopia 42, LLC.), Digvijay Gaekwad, and Villages of Marion County GP, LLC., (Developers) regarding the Utopia/Gaekwad Village PUD.

 

The original PUD and Developer’s Agreement was approved in 2005, followed by various PUD amendments. The primary Developer is partnering with an additional development partner, and the parties are seeking to clarify the development responsibilities and timing between the parties.  Additionally, the parties are seeking to clarify the provisions related to utilities, transportation, stormwater, buffers, and developer credits related to utilities and transportation.

 

The proposed Modification will result in an Amended and Restated Development Agreement. This public hearing represents the continuation of the second of two (2) public hearings regarding the Modification.

 

On December 19, 2023, the Board acted to continue the second public hearing to address applicant proposed revisions regarding phasing for the project, accommodate further adjustments to the project’s buffers, particularly in regard to parcels no. 48344-000-00 and 48356-04-00 adjoining the townhouse area to provide a minimum 50-foot setback including a 30-foot wide Buffer wherein trees and vegetation will be maintained (“no touch”) with a minimum 6-foot high privacy fence within the west 10-feet of that Buffer, and the townhouses adjoining that buffer shall not exceed one story. Further direction regarding the concept design for the project’s required access SE 80th Avenue was discussed including the provision of 6-foot privacy fencing along a portion of the access route’s north boundary and adjustment to the access path to provide direct connectivity to the project’s central spine road. Staff is finalizing the applicant’s final revisions to the Amended and Restated Development Agreement to reflect the outcome of the December 19 hearing, and anticipates receipt prior to the Board’s consideration of this item.

 

BUDGET/IMPACT:

None

 

RECOMMENDED ACTION:

Recommended action

Receive public comment and provide direction to staff, if any, and motion to approve the Amended and Restated Development Agreement for the Utopia/Gaekwad Village PUD.

end