Submitted By: Aubrey Hale
presenter
Presentation By: Aubrey Hale
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Resolution 2022-34 approving a PD plan and standards book for approximately 9.10 acres of property located at 4240 SW 43rd Ct and 4300 SW 43rd Ct (Case PD20-0009) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place.
PROOF OF PUBLICATION:
Notices were mailed on May 6, 2022
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BACKGROUND:
• Petitioner: BDG Albee, LLC and Belleair Development, LLC (on behalf of Cay Ventures, LLC)
• Property Owner: Cay Ventures, LLC & BDG Albee, LLC
• This property is contiguous to the city limits along its southern, eastern, and western boundaries. The western and southerly property lines border the Saddlewood Estates subdivision. The easterly property line fronts on SW 43rd Ct and is across from a DRA that serves a gas station and restaurant. The two parcels each contain a single-family home.
• The property owner has requested annexation into the City to receive city water and electric service and to develop the property as a gated two-story multifamily Planned Development.
• A Neighborhood future land use designation and Planned Development, PD, zoning are proposed.
• This project was heard by the Planning & Zoning Commission previously on June 14, 2021.
o At the June 14, 2021 meeting, the Planning & Zoning Commission voted 5 to 0 to approve the annexation and future land use designation for the property, but also voted 5 to 0 to deny the Planned Development proposal.
• After the Planning & Zoning Commission meeting on June 14, 2021, the applicant decided to revise the Planned Development instead of proceeding to City Council.
• The Planned Development proposal has now been substantially revised in response to feedback received and in coordination with City staff.
• Applications for annexation, the future land use designation, and Planned Development zoning were brought back to the Planning & Zoning Commission for a second consideration.
• Belleair Development LLC intends to redevelop the property into an 84-unit multifamily residential Planned Development with a proposed density of 9.23 units per acre.
• At the April 11, 2022 meeting, the Planning & Zoning Commission voted 6 to 0 to approve the annexation and future land use designation for the property, but also voted 3 to 3 to deny the Planned Development proposal.
FINDINGS AND CONCLUSIONS:
The requested Planned Development plan and zoning district are consistent with the Comprehensive Plan and compatible with the surrounding area. Staff recommend approval.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
Pending legal review by City Attorney Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve
• Deny
• Table
RESOLUTION 2022-34
A RESOLUTION APPROVING A PLANNED DEVELOPMENT (PD) PLAN WITH ASSOCIATED PD STANDARDS (BELLEAIR DEVELOPMENT PD) FOR CERTAIN PROPERTY LOCATED AT 4240 SW 43RD CT AND 4300 SW 43RD CT IN THE CITY OF OCALA, MARION COUNTY, FLORIDA.
WHEREAS, the City annexed parcels 23866-001-00 & 23867-000-00 and is appropriate to assign a land use category and zoning district at the time of annexation.
WHEREAS, the City annexed said parcels and changed the land use category from Low Residential (County) to Neighborhood (City);
WHEREAS, the property was zoned to PD, Planned Development to allow a single-use multi-family development;
WHEREAS, the applicant (BDG Albee, LLC and Belleair Development, LLC on behalf of Cay Ventures, LLC) submitted a PD plan and associated PD Standards book (Case PD20-0009) for approximately 9.10 acres of property located at 4240 SW 43rd Ct and 4300 SW 43rd Ct to allow for multi-family development
WHEREAS, on April 11, 2022, the Planning and Zoning Commission recommended denial of the applicant’s request by a 3 to 3 vote;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session, as follows:
1. The City of Ocala does hereby approve the Belleair Development PD plan (Exhibit “A”) and PD standards book (Exhibit “B”).
2. The effective date for this resolution will be May 19, 2022.
3. The approved PD plan and associated PD standards book shall apply following described land located in Ocala, Marion County, Florida, to wit:
THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA. EXCEPT THE EAST 50.00 FEET THEREOF FOR ROAD RIGHT OF WAY. ALSO LESS AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF OCALA IN BOOK 5175, PAGE 515, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
AND
THE EAST 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, EXCEPT THE EAST 50 FEET THEREOF FOR ROAD RIGHT OF WAY, SECTION 34, TOWNSHIP 15 SOUTH, RANGE 21 EAST OF MARION COUNTY, FLORIDA.
THE ABOVE PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 34; THENCE S00°36'14"W, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF 1,319.55 FEET; THENCE N89°47'45"W, A DISTANCE OF 75.94 FEET TO THE WEST RIGHT-OF-WAY LINE OF S.W. 43RD COURT PER OFFICIAL RECORDS BOOK 5175, PAGE 515 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE S06°41'46"E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 204.14 FEET; THENCE S00°36'14"W, CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 457.05 FEET TO THE NORTHEAST CORNER OF D.R.A. NO. 3, BLOCK "B", SADDLEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 47 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE N89°43'54"W, A DISTANCE OF 609.56 FEET TO THE SOUTHEAST CORNER OF LOT 7, BLOCK "B", OF SAID SADDLEWOOD ESTATES; THENCE N00°35'40"E, A DISTANCE OF 659.03 FEET TO THE NORTHEAST CORNER OF LOT 32, BLOCK "A", OF SAID SADDLEWOOD ESTATES; THENCE S89°47'45"E, A DISTANCE OF 583.73 FEET TO THE POINT OF BEGINNING.
CONTAINING 399,328 SQUARE FEET OR 9.167 ACRES, MORE OR LESS.
(aka: Parcel # 23866-001-00 & 23867-000-00)
4. A certified copy of the Resolution shall be recorded by the Clerk of the City of Ocala in the public records of Marion County, Florida.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session duly assembled as follows:
This resolution adopted this ______ day of ______________________, 2022.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Ire Bethea Sr.
City Clerk President, Ocala City Council
Approved as to form and legality:
By: _________________________________
Robert W. Batsel, Jr.
City Attorney