SUBJECT:
Title
PUBLIC HEARING: Reconsideration of a Request for Approval for the SW 100th Street West Planned Unit Development (West PUD, 211008Z, fka Enrique Suarez, New Strategy Holdings, LLC) Final PUD Master Plan/Preliminary Plat, Parcel Number 35695-011-01, Current Owner Ocala SW 100th LLC [Reconsideration Approved and Scheduled March 19, 2024]
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INITIATOR: |
DEPARTMENT: |
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Chuck Varadin, Director |
Growth Services |
DESCRIPTION/BACKGROUND:
On February 20, 2024, the Board granted approval for the SW 100th Street West PUD’s final PUD Master Plan/Preliminary Plat (West PUD, 211008Z, see attached), subject to a series of final development conditions including requiring the PUD’s residential development land clearing debris be hauled/removed from the site rather than burned on-site. Subsequently, on March 19, 2024, the Board began approval consideration for the final SW 100th Street East PUD final PUD Master Plan/Preliminary Plat (East PUD, 211009Z), a PUD project located ±650’ east of this SW 100th Street West PUD that is being developed in common by Ocala SW 100th LLC, (Developer).
During the Board’s review of the East PUD, the Developer’s attorney, James W. Gooding, III, brought forward information clarifying that the Florida Forest Service is the designated state agency that oversees a Developer’s use on-site land clearing debris burning per Chapter 590, F.S. (see attached) in response to a condition placed on the prior West PUD approval. Following discussion, the Board, at the request of the Developer’s attorney, motioned and approved reconsidering the SW 100th Street West PUD’s final PUD Master Plan/Preliminary Plat approval granted on February 20, 2024, and scheduling that reconsideration for a public hearing to be held on April 16, 2024 at 10:00 a.m. or as soon thereafter as possible. The Board also acted to continue the SW 100th Street East PUD final PUD Master Plan/Preliminary Plat to April 16, 2024 at 10:00 a.m., to provide additional time for the Developer’s applicant and attorney to further review and address concerns regarding burning each PUD’s residential land clearing debris on-site. This public hearing represents the requested and approved reconsideration of the SW 100th Street West PUD’s final PUD Master Plan/Preliminary Plat approval.
In conferring with the Florida Forest Service (FFS), that agency’s staff noted key items for consideration would be requiring the use of an air curtain incinerator (ACI) encouraging establishing the debris burn pile in a shallow pit-type space to support the effectiveness of the ACI. The FFS requirements then further direct how burning is to be conducted and monitored including the presence of a water supply for fire suppression. Staff also supports that prior to commencing on-site burning, the Developer shall provide a copy of the FFS Burn Permit to the County Engineer and Growth Services Director, which is consistent with the County’s practice of receiving copies of other agency issued permits for development activities to complete the County’s project records for future reference. The Developer’s attorney has provided additional information regarding on-site land clearing debris burning (see attached) and is seeking additional contacts and clarification with FFS staff to bring forth further information for Board reference.
The Board’s initial February 20, 2024, approval of the SW 100th Street West PUD final PUD Master Plan/Preliminary Plat also included two additional development conditions as follows:
1. No on-site lighting and/or permanent recreation/support facilities (e.g., goals, benches, shelters, etc.) shall be provided on the multipurpose field or in the surrounding drainage retention area (DRA).
2. The Type A Buffer along the southeast boundary, shared with PID 3510-001-003 (Alejandria Estates Subdivision, Block A, Lot 3, per Marion County Plat Book 1, Page 13), shall also include an opaque viburnum hedgerow to achieve, and be maintained at, a minimum 6’ in height within three years of planting, wherein the hedgerow shall extend east-to-west and match the full width of the project’s planned SW 55th Court cul-de-sac based on the east & west limits of the cul-de-sac projected south to that shared boundary.
Given this scheduled reconsideration, Michael W. Radcliffe Engineering, Inc. (Developer’s applicant), submitted revised Master Plan/Preliminary Plat sheets to include the required notations and the Type A Buffer revision along the southeast boundary.
The West PUD’s current zoning was approved on November 2, 2021 (see attached), that enabled the development of 222 single family detached dwelling units and accompanying accessory amenities (e.g., clubhouse, pool, sport field, open space with trail). In 2021, the West PUD was approved in conjunction with the East PUD. A Chapter 163, F.S., Development Agreement (Agreement) was approved by the Board on May 16, 2023 (see attached) to provide for the construction of SW 100th Street to serve as construction and project access to the East and West PUDs.
Review of the final PUD Master Plan was been conducted through Marion County’s Development Review Committee (DRC) review process, and review comments have generally been addressed, and on February 20, 2024, the Board approved an adjustment to the multipurpose field location and the provision of the noted Type A Buffer hedgerow.
This approval reconsideration has been duly noticed as required by the PUD’s development conditions and the Land Development Code. Staff has no objections to the proposed final PUD Master Plan/Preliminary Plat, subject to the final direction determined related to the use of on-site land clearing debris burning, and recommends Board approval.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Receive public comment and provide direction to staff, if any, and motion to approve the SW 100th Street West Planned Unit Development (PUD) Final PUD Master Plan/Preliminary Plat.
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