Interoffice Memorandum
DATE: September 19, 2024
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Tanya Wilson, AICP, Director, Planning, Environmental and Development Services Department
CONTACT: Joe Kunkel, P.E., DRC Chairman
PHONE: (407) 836-7971
DIVISION: Planning Division
ACTION REQUESTED:
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Approval and execution of Adequate Public Facilities Agreement Hartzog Road Attainable Housing Community PD by and between Walt Disney Parks and Resorts U.S., Inc. and ARDC-Ocala 201, LLC and Orange County. District 1. (Development Review Committee)
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PROJECT: Adequate Public Facilities Agreement for Hartzog Road Attainable Housing Community Planned Development (PD) Case # APF-24-08-206 / District 1
PURPOSE: The Hartzog Road Attainable Housing Community PD contains 56.50 net developable acres and is generally located south of Hartzog Road and east of County Road 545. Through Comprehensive Plan Future Land Use Map Amendment 2023-3-A-1-1 and PD Rezoning Case LUP-23-06-183, the applicant is proposing to expand the Horizon West Special Planning Area Village H boundary to incorporate the property and assign the Horizon West Land Use designation of Apartment District for the developable areas, while the remainder of the property will be designated Wetland.
Pursuant to Orange County Code Section 30-714, each property owner in a Horizon West PD is required to convey their proportionate share of Adequate Public Facilities (APF) lands, which are based on the ratio of required APF acres to net developable acres within the Special Planning Area. For the Village H Special Planning Area, the adopted ratio of APF acres to net developable acres is 1.0 to 7.6. In the event that APF land requirements cannot be met within a particular PD, an owner may pay a fee to the County equal to the value of the ratio of required APF lands and based upon the average fair market value of land, as established by an independent appraiser. Alternatively, they may receive a transfer of surplus APF credits from another property owner in the same Village.
In order to satisfy the requirements of Chapter 30, Article XIV of the Orange County Code (“APF/TDR Ordinance”), the Hartzog Road Attainable Housing Community PD is subject to an APF Agreement that recognizes that the project is responsible for a minimum of 7.43 acres of APF lands. In order to satisfy this deficit, the owner will pay a fee in lieu of $54,342.92 per acre for the 7.43-acre deficit (for a total of $403,767.90).
The Adequate Public Facilities Agreement for Hartzog Road Attainable Housing Community PD received a recommendation of approval from the Development Review Committee on September 11, 2024, and has been placed on the October 8, 2024, consent agenda to be pulled for consideration with the associated Comprehensive Plan Amendment and PD Land Use Plan. Upon approval and execution by the Board, the Agreement will be recorded in the Public Records of Orange County, Florida.
BUDGET: N/A