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A 312-unit apartment complex is coming near On Top of the World. Here’s how it happened.

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7 months ago

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A 312-unit apartment complex is coming near On Top of the World. Here’s how it happened.

The County Commission on Monday approved a rezoning that On Top of the World requested as part of a plan to bring a 312-unit apartment complex to the front of the massive retirement community.

Several On Top of the World residents spoke against the rezoning application, saying a non-age-restricted apartment complex full of renters would be incompatible next to an age-restricted retirement community where people own their own homes. The residents expressed concerns about noise, safety, increased traffic and infrastructure.

But the majority of commissioners approved the rezoning request, saying it was the best way to ensure that the multifamily complex is as safe and compatible as possible. Only commission Chairwoman Michelle Stone voted no.

Where is this land and what is planned for it?

The land in question is at 8441 SW 99th Street Road, basically between State Road 200 and the edge of On Top of the World. The land is near the new TownePlace Suites by Marriott hotel and Cody’s Original Roadhouse.

On Top of the World plans to sell that 22.63 acres to a Wisconsin-based developer, Continental Properties. That purchase agreement would include On Top of the World’s vested rights — established in 1973 — to develop the land intensely with residential or commercial uses.

Instead of just using the existing zoning (Community Business/B-2), as it could have done, On Top of the World sought a zoning change to Planned Unit Development.

In February, the county’s Planning & Zoning Commission voted 5-2 to recommend approval of the request. County planning staff also recommended approval.

Another voice in favor of the plan is the Ocala Metro Chamber & Economic Partnership, which said the apartments are needed to house the essential workers who are serving fast-growing Marion County.

“We have amazing options for a wide array of lifestyle choices; from sprawling horse farms to full-featured senior living communities and almost everything in between,” the CEP wrote in an op-ed ahead of Monday’s commission hearing. “While we have a wide variety of choices, the problem is we don’t have enough of any of them. In particular, we have a very serious shortage of living options for hard-working middle-class families. These families include teachers, police officers, firefighters, and healthcare workers to name just a few.

“For many, they are either not quite ready for home ownership, earning up to home ownership, or simply prefer a different lifestyle,” the CEP wrote. “Not having available housing is not good for our future and it is not who we are as a community.”

This project deserves support, the CEP said, because it meets or exceeds all regulatory requirements.

“Developments within the Urban Growth Area such as this must be approved to ensure the county has the financial sustainability to support limiting development in the remaining 89%,” the CEP wrote. “This project protects our farms and springs while providing much needed housing.”

Earlier coverage: Apartments in front of On Top of the World? Residents object, but the plan is progressing

Food trucks and a long meeting

Despite those obstacles — the vested rights, the staff recommendation, the P&Z vote, the support from Marion County’s organized business community — On Top of the World residents showed up in numbers for Monday’s public hearing, determined to have their say.

Knowing that there was intense interest in this application, the county set a special day and time for the hearing. Such hearings typically are held during the afternoon sessions of Tuesday county commission meetings. The county even arranged for food trucks to be parked outside on Monday.

The hearing began at 9 a.m. and wrapped up just before 3:30 p.m., with a 45-minute break for lunch.

‘You can see everything’

On Top of the World resident Kim North objected to the apartment building, saying it was incompatible with the retirement community. She also scoffed at On Top of the World’s contention that an existing tree line would serve as an adequate buffer between the apartments and the first rows of homes in OTOW.

“I can see the lights to McDonald’s” from my home, North said. The restaurant is on the other side of SR 200.

“You can see everything,” North said.

After much discussion, On Top of the World representatives agreed to add significant additional buffering, plus a 6-foot opaque privacy fence and 2-foot berm. Thick bamboo will be added near a lift station. They confirmed that the apartments will only be two stories, with maximum height of 40 feet.

The representatives also agreed to move the apartment complex’s pet area and car wash station to the front of the property, closer to SR 200 and farther away from On Top of the World. That should help allay concerns about noise and light. And the pool will be open only dawn to dusk.

“We are already overburdened,” On Top of the World resident Janell Durista told commissioners. Ambulances and fire trucks have to fight traffic in and around SR 200. You can’t even find a parking spot at the nearby Publix.

On that same theme, one man asked the commission to table the request until infrastructure could be improved.

But a pause wasn’t among the solutions considered. The commission did persuade the developer to add a second full access to the apartment complex and make some traffic safety improvements, including turn lanes. Some security cameras will be added at access points, as well.

Staying out of court

Chairwoman Stone said the apartment complex is incompatible and the rezoning would not get her vote. She said the developer had a reasonable option: develop under the current zoning classification.

The other commissioners thought it was best to work with On Top of the World (and, by extension, the apartment complex developer) to negotiate favorable changes.

Another advantage to that approach: avoiding a lawsuit. As the county attorney pointed out, in defeat, On Top of the World could seek refuge in the courts, alleging that the county violated its own comprehensive plan. Even worse, it could proceed under the existing zoning, develop an even more intense project with no compatibility concessions, and still sue Marion County.

“If they sue us,” Commissioner Craig Curry said, “they are going to win.”

In the end, the vote was 4-1 to approve the rezoning.

The team representing On Top of the World tried to assure commissioners and the public that they want the best and most compatible project possible.

“We’re building this right next to our sales center,” said David Tillman, an engineer on the team. “That should say something.”

jross@gannett.com

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