Ocala Gazette | April 29 - May 5, 2022

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VOLUME 3 ISSUE 17

Levitt AMP Season

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APRIL 29 - MAY 5, 2022

Records toppled at the OBS Spring Sale

Court wades into Ocala prayer vigil fight By Jim Saunders Florida News Service

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federal appeals court Thursday will take up a long-running constitutional dispute about a prayer vigil that was backed by the Ocala police chief amid a spate of shootings in the community. A panel of the 11th U.S. Circuit Court of Appeals will hear arguments in an appeal of a lower- court ruling that the September 2014 vigil violated the Establishment Clause of the U.S. Constitution’s First Amendment. Ocala contends that the event had a secular purpose as police sought community assistance in combating the crimes. A key issue involves the role of then-Chief Greg Graham, who, at least in part, posted information about the vigil on Facebook. “Here, the secular purpose — i.e. to fight crime and catch the culprit — remained clear and understood by all, including the plaintiffs from the first posting on Facebook to the vigil itself,” attorneys for the city wrote in a brief filed at the appeals court. But attorneys for the plaintiffs disputed that it was a secular event and argued that it violated the Establishment Clause, which bars government “establishment” of religion. “Neutrality is the touchstone of any Establishment Clause analysis,” the plaintiffs’ attorneys wrote in a brief. “It would take Olympic level stretching to find that the

The sale-topping colt by Uncle Mo consigned by Top Line Sales and purchased by Gary Young, agent for Zedan Racing Stables, for $2.3 million at the OBS Spring Sale. [Judit Seipert]

Top-selling Florida-bred fetches $675,000 at the four-day auction By Michael Compton Correspondent

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he Ocala Breeders’ Sales Company’s Spring Sale of 2-Year-Olds in Training is the largest offering of juveniles in the Thoroughbred industry each sale season. With a catalog of more than 1,200 horses, this year’s

See Prayer, page A2

renewal April 19-22, attracted an international buying bench and fueled by fierce demand at the top-end, established new sale records over the auction’s four days of trade. For the entire sale, a total of 710 horses sold for a Spring Sale record of $92,070,000, compared with the previous mark of $73,874,900 set in 2021 on 724

head sold. The average price of $129,676 also set a record, surpassing the previous mark of $108,227 set in 2019 and well above last year’s average of $102,037. The median price was $65,000, compared to last year’s median of $50,000 and higher than the $60,000 record median See OBS, page A2

School capacity becomes part of development discussion By James Blevins james@ocalagazette.com

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he Ocala City Council once again voted unanimously Tuesday, April 19, to postpone approval of a multifamily residential development located on the east side of Southwest 43rd Court in the 3600 block, across from Saddlewood Elementary, until May 3. Council postponed a vote in order to allow all the development agreements involved in the proposal time to get in place. There were also many concerns regarding road improvements that needed to be in place in the developer agreements before proceeding. “Nothing happens until we start getting the road improvements. That’s all we’re looking for. We need those improvements to happen before we even take on any of the builders and all that type of stuff. We want to make sure it gets fixed as best we can,” said council member Jim Hilty. City Attorney Rob Batsel Jr. told council he would appreciate a two-week postponement. “I will be fully prepared to

address a lot of these concerns holistically [by then],” he said. The development proposal comes from applicant Catalyst Development Partners II, LLC, a company based out of Georgia. It received two publics hearing on March 1 and March 15, before being pushed to April 19 for a vote—only to be pushed once again. Council was considering a development agreement that would approve the 26.63 acres of property for a zoning change to “R-3 Multi-family Residential,” specifically 15 acres to the south of the property, which allows a maximum of 12 units per acre. The remaining 11.63 acres not included in the sale contract will be reconsidered for zoning again in the future. The city had anticipated the future land use for the property to be “Medium Intensity/Special District,” which would allow for a minimum of five units per acre and a maximum of 30. City staff has expressed concerns about congestion in the area, according to city documents, specifically a lack of transportation infrastructure to accommodate the potential level of

development. The applicant’s representative suggested that the concerns could be worked out through a custom developer’s agreement that would allow the city to address future development of the property and potential traffic studies, roadway and intersection improvements such as adding signalization. Saddlewood Elementary, Liberty Middle School and West Port High School are zoned to serve students who would live on the proposed property. All three schools are experiencing persistent localized overcrowding, according to city staff, noting that the district has capacity to move students to other local schools if need be. The school districts’ capacity is 85.5% district wide, according to city officials. This is below the state capacity of 87.5%. Ultimately, city staff reiterated that the school district is responsible for addressing localized overcrowding.

School Concurrency

City staff said on April 19 that the school board is part of the planning and zoning commission, adding that one of the main

issues of note brought up often at these P&Z meetings is school concurrency, or a system of land use regulations designed to meet the demands placed upon public school capacity by a new residential development. “We had school concurrency back in the 2008 to 2010 period, but it went away,” said Tye Chighizola, director of Planning and Development for the City of Ocala. “The state did not require the cities or the counties to have school concurrency, so we don’t really have it.” Chighizola explained that city staff couldn’t recommend that there’s no capacity at any given school without looking at capacity for that entire district. “And there is plenty of capacity district wide,” he said. “Many schools may be overcrowded, but our hands are tied from our standpoint. We have to look at capacity for the entire district. But we are having a conversation with the school board about that and how it could be addressed in the future.” Currently, the school board’s job is to See Capacity, page A6

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