File #: 2024-14420   
Type: Zoning Consideration Status: Agenda Ready
File created: 3/6/2024 Meeting Body Board of County Commissioners
On agenda: 3/19/2024 Final action: 3/19/2024
Title: 24DA-02 - PUBLIC HEARING: Second of Two Public Hearings for Presentation and Discussion of a Chapter 163, F.S. Development Agreement (Agreement, 24-DA02) Between Marion County, Florida and Jerry and Karen Cauthen, Related to Rezoning Application Number 231206ZC
Attachments: 1. proof of publication, 2. 24-DA02-Cauthen_BCC_Rpt_updated for BCC, 3. Attachment A_RaceTrac Development Agreement w Exhibits RWB 12-22-2023, 4. Attachment B_DRCComments Letter, 5. Attachment C_Chart of Dev Agreement Provisions, 6. Attachment D_LRM 2024-120 COMPLETED, 7. Attachment E_231206ZC_Cauthen_EM - INFORMATIONAL ONLY, 8. Attachment F_Special Act - Conditional Zoning, Marion County 1985-464, 9. Attachment G_Latest Revision of Developers Agreement, Recd 2.26.24, 10. Attachment H_Email from Utilities_AR 29227 - Concept Plan_Sparr Racetrac

 

SUBJECT:

Title

24DA-02 - PUBLIC HEARING: Second of Two Public Hearings for Presentation and Discussion of a Chapter 163, F.S. Development Agreement (Agreement, 24-DA02) Between Marion County, Florida and Jerry and Karen Cauthen, Related to Rezoning Application Number 231206ZC

Body

 

INITIATOR:

DEPARTMENT:

Kenneth Weyrauch, Deputy Director

Growth Services

 

DESCRIPTION/BACKGROUND:

Rob Batsel, Jr, Esq. as attorney for Del Lago Ventures, Inc, a subsidiary of RaceTrac, and as agent for the owners, Jerry and Karen Cauthen (“Developer/s”) has filed a Chapter 163, Florida Statutes (F.S.) Development Agreement (“Agreement”) related to an ±11.06-acre portion of a ±38.62-acre parcel currently located at the southwest corner of W Hwy 329 and N US Hwy 441. The Parcel Identification Number (PID) for the overall property is 07263-000-00, and it is not currently addressed; the legal description is contained within proposed Agreement. The request proposes to address the Developers’ intent to develop the site as a gas station and convenience store (“Project”) in a manner which is limited by the terms and conditions of the Agreement, and the applicant intends for this Agreement to be considered as part of the supporting analysis for the companion rezoning request. The Agreement also addresses certain modifications to the permitted uses, floor area ratio, and design criteria allowed by the Developer’s requested Rural Commercial zoning district per companion Zoning Change Application (231206ZC) as related to this parcel. The Agreement expressly excludes truck parking, showers or bathing facilities, sleeping quarters, or automobile/truck services uses.

 

BUDGET/IMPACT:

None

 

RECOMMENDED ACTION:

Recommended action

Both Staff and the P&Z Commission recommend denial.

end