SUBJECT:
Title
Request Approval of the First Amendment to Settlement Agreement with Linda Capozzoli Regarding Agricultural Enclave Application
Body
|
INITIATOR: |
DEPARTMENT: |
|
Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
On March 17, 2026, Marion County and Linda Capozzoli entered into a Settlement Agreement concerning the approximately 19.75-acre property located at 7325 SW 80th Street, Ocala, Florida (Parcel No. 35460-039-00). Pursuant to the Settlement Agreement, Ms. Capozzoli submitted applications for a Future Land Use Map Amendment and rezoning of the Property.
Subsequent to execution of the Settlement Agreement, Chapter 2026-34, Laws of Florida (SB 686), amended Sections 163.3162(4) and 163.3164(4), Florida Statutes, including expanding the statutory provisions relating to agricultural enclaves and establishing a process through which a property owner may apply directly to the local governing body for certification of property as an agricultural enclave. Ms. Capozzoli subsequently submitted an application to have the Property certified as an agricultural enclave pursuant to the amended statute.
The proposed First Amendment modifies the existing Settlement Agreement to account for this change in law and the new Agricultural Enclave application. Specifically, the First Amendment:
1. Extends the deadline for consideration of the existing Future Land Use Map Amendment and rezoning applications. The deadline by which those applications must be presented to the Board of County Commissioners for a vote is extended to October 20, 2026.
2. Adds the Agricultural Enclave application to the Settlement Agreement. The Amendment expressly permits Ms. Capozzoli to submit an application for certification of the Property as an agricultural enclave pursuant to Section 163.3162(4), Florida Statutes, as amended by SB 686, and provides that the County will process the application in accordance with applicable law.
3. Provides an alternative path for resolution of the existing dispute. Under the Amendment, approval of either the existing Future Land Use Map Amendment and rezoning applications, or approval of the Agricultural Enclave application by certifying the Property as an agricultural enclave, constitutes an "Approval" under the Settlement Agreement. Following such Approval becoming final and non-appealable, Ms. Capozzoli is required to dismiss the pending Petition and Lawsuit within 30 days.
4. Addresses termination of the Settlement Agreement. If an Approval is not granted by October 20, 2026, or by another date subsequently agreed to in writing by the parties, the Settlement Agreement will terminate, and the parties will return to the positions provided for under the original Agreement.
Except as expressly amended, all other terms of the Settlement Agreement remain in full force and effect.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to approve the First Amendment and authorize the Chairman and the Clerk of Court to execute same.
end