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File #: 2025-0204   
Type: Ordinance Status: Passed
File created: 11/8/2024 In control: City Council
On agenda: 11/19/2024 Final action: 11/19/2024
Title: Adopt Ordinance 2025-3 to rezone approximately 21.00 acres for property located at 2495 NW 21st Street along with the parcel to the north (Parcel 21404-000-00 and 21411-000-00) from INST, Institutional, and R-2, Two-Family Residential, to R-3, Multi-Family Residential (Case ZON24-45772) (Quasi-Judicial)
Introduced By: Ire J. Bethea Sr
Attachments: 1. ZON24-45772 Staff Report, 2. ZON24-45772 Case Map SKC Development LLC, 3. ZON24-45772 Aerial Map SKC Development LLC

Submitted By: Emily W. Johnson, AICP

presenter

Presentation By: Emily Johnson

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

title

Adopt Ordinance 2025-3 to rezone approximately 21.00 acres for property located at 2495 NW 21st Street along with the parcel to the north (Parcel 21404-000-00 and 21411-000-00) from INST, Institutional, and R-2, Two-Family Residential, to R-3, Multi-Family Residential (Case ZON24-45772) (Quasi-Judicial)

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OCALA’S RELEVANT STRATEGIC GOALS:

Quality of Place, Economic Hub

PROOF OF PUBLICATION:

N/A

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BACKGROUND:

                     Petitioner:                     SKC Development LLC

                     Property Owner:                     New Bethel Missionary Baptist Church & The Trustees of the New St.

                                          John Missionary Baptist Church

                     Agent:                     Robert W. Batsel, Jr., Esq., Gooding & Batsel, PLLC

Key Points:

The petitioner is requesting to change the zoning from Institutional (INST) and Two-Family Residential (R-2) to Multi-Family Residential (R-3) to allow for multi-family residential development on the subject property.

Approximately 14+/- acres of the 16+/- acre tract for parcel # 21404-000-00 is zoned R-3 Multi-Family Residential.  The proposed rezoning for the remaining 2+/- acres will provide a unified R-3 zoning designation for the entire parcel. Parcel # 21411-000-00 is zoned INST and is included in the subject area, establishing consistent use and standards for the entire subject property area.

Zoning and Land Use Details:

The proposed R-3 zoning district expands the permitted residential uses to include single-family dwelling units, two-family dwelling units, single-family attached dwellings, and multi-family dwellings. R-3 allows minimal non-residential uses.

The underlying Neighborhood Future Land Use classification has a maximum density of 12 dwelling units per acre for multi-family residential development, equating to a maximum potential of 252 units on the subject 21.00-acre site.

Planning & Zoning Commission:

Upon question from the commission, the applicant indicated that the final products would be either paired villas (duplexes) or townhomes at an approximate density of seven dwelling units per acre. A traffic study is required if the proposed development produces 100 or more peak hour trips. The applicant has indicated that a traffic study will be submitted.

The Planning & Zoning Commission voted 4-0 to recommend approval to City Council.

 

FINDINGS AND CONCLUSIONS:

                     The proposed rezoning is consistent with the existing Neighborhood Future Land Use classification pursuant to Code of Ordinances Section 122-244.

                     The rezoning would expand the permitted residential categories to include single-family dwelling units, two-family dwelling units, single-family attached dwellings (townhomes), and multi-family dwellings.

                     The proposed R-3 zoning is compatible with the neighborhood development pattern and provides for a transition between the surrounding uses.

                     The request is consistent with the Neighborhoods District of the West Ocala Vision and Community Plan, the Comprehensive Plan, and the City’s Code of Ordinances.

                     Adequate public facilities exist to service the proposed development.

Staff recommends approval.

 

FISCAL IMPACT: N/A

 

PROCUREMENT REVIEW: N/A

 

LEGAL REVIEW: The ordinance is pending review by the City Attorney, William E. Sexton.

 

ALTERNATIVE:

                     Approve with changes

                     Deny

                     Table

SUPPORT MATERIALS:

                     Staff Report

                     Case Map

                     Aerial Map

 

 

 

 

 

 

ORDINANCE 2025-3

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM INST, INSTITUTIONAL, R-2, TWO-FAMILY RESIDENTIAL, AND R-3, MULTI-FAMILY RESIDENTIAL, TO R-3, MULTI-FAMILY RESIDENTIAL FOR CERTAIN PROPERTY LOCATED AT 2495 NW 21ST STREET (PARCEL NUMBER 21404-000-00 AND 21411-000-00), APPROXIMATELY 21.00 ACRES (CASE NO. ZON24-45772); PROVIDING DIRECTION TO STAFF; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATIONS AT A PUBLIC HEARING; PROVIDING DIRECTION TO THE CODIFIER; AND PROVIDING FOR AN EFFECTIVE DATE.

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular

session, as follows:

Section 1. The lands described below are hereby rezoned and reclassified according to the zoning regulation of the City of Ocala, Florida, as R-3, Multi-Family Residential:

A PARCEL OF LAND BEING THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 15 SOUTH, RANGE 21 EAST OF MARION COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 1, RUN THENCE S.89°27'51"E. ALONG THE SOUTH BOUNDARY OF SAID SECTION 1, A DISTANCE OF 995.20 FEET; THENCE DEPARTING SAID SOUTH BOUNDARY RUN N.00°32'09"E., A DISTANCE OF 25.00 FEET TO THE NORTH RIGHT-OF-WAY BOUNDARY OF NW 21ST STREET AND THE  POINT OF BEGINNING; THENCE N.00°30'38"E., A DISTANCE OF 636.42 FEET; THENCE S.89°24'11"E., A DISTANCE OF 331.70 FEET; THENCE S.00°27'35"W., A DISTANCE OF 636.07 FEET TO SAID NORTH RIGHT-OF-WAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY,   N.89°27'51"W., A DISTANCE OF 332.26 FEET TO THE POINT OF BEGINNING.

AND

A PARCEL OF LAND BEING PART OF THE SOUTHWEST 1/4 OF THE SW 1/4  OF SECTION 1, TOWNSHIP 15 SOUTH, RANGE 21 EAST, EXCEPT THE NORTH 188.28 FEET OF THE SW 1/4 OF SW 1/4; AND EXCEPT THE EAST 420 FEET OF THE SOUTH 21.72 FEET OF THE NORTH 210 FEET; AND EXCEPT THE WEST 627 FEET OF THE NORTH 210 FEET OF THE SOUTH 885.7 FEET; AND EXCEPT THE NORTH 209 FEET OF THE WEST 418 FEET OF THE SOUTH 675.7 FEET; AND EXCEPT 466.7 FEET SQUARE IN THE SW CORNER OF SW 1/4 OF SW 1/4; AND EXCEPT THE EAST 418 FEET OF THE WEST 884.7 FEET OF THE SOUTH 209 FEET; AND EXCEPT THE WEST 105.3 FEET OF THE EAST 435.3 FEET OF THE SOUTH 420 FEET; AND EXCEPT EAST 1/2 OF SE 1/4 OF SW 1/4 OF SW 1/4. LESS AND EXCEPT THE WEST 30 FEET CONVEYED TO CITY OF OCALA FOR ROAD RIGHT OF WAY. 

Section 2. Direction to Staff. The City Council of the City of Ocala, Florida directs staff to take any and all steps necessary to effectuate the adoption and implementation of this ordinance; and all other matters as provided for above and herein as well as to ensure the orderly and effective administration and implementation of the intent of this ordinance and the specific matters outlined herein.

 

Section 3. Repealing Inconsistent and/or Conflicting Provisions. The City Council of the City of Ocala, Florida hereby specifically repeals, to the extent of any such conflict, any and all ordinances, resolutions, policies, procedures, and/or other articles which are conflicting and/or inconsistent with this ordinance and the intent and direction provided by the City Council herein.

 

Section 4. Severability of Ordinance Provisions. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the City Council of the City of Ocala, Florida that (1) such portion shall be deemed a separate, distinct and independent provision; (2) such holding shall not affect the validity of the remaining portions hereof; and (3) this ordinance be adopted as though any such provision was not included herein.

 

Section 5. Modifications Arising from Consideration at a Public Hearing. It is the intention of the City Council of the City of Ocala, Florida that (1) the provisions of this ordinance may be modified as a result of its consideration by the City Council of matters that may arise during the public hearing(s) at which this ordinance is considered; and (2) any such modifications shall be incorporated into the final version of this ordinance.

 

Section 6. Direction to the Codifier. It is the intention of the City Council of the City of Ocala, Florida that (1) the zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from INST, Institutional, R-2, Two-Family Residential, and R-3, Multi-Family Residential to R-3, Multi-Family Residential as to lands described in Section 1 of this ordinance; (2) the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish said intention; (3) terms or headings not affecting the intent of this ordinance may be changed to further accomplish said intention; and (4) any scrivener’s error(s) contained herein which do not affect the intent of this ordinance be corrected with the authorization of the City Manager or their designee and without the need for additional public hearings or consideration by City Council.

 

Section 7. This ordinance shall become effective upon approval by the mayor, or upon becoming law without such approval.

 

ATTEST:                      CITY OF OCALA

 

By:                                           By:                      

Angel B. Jacobs                      Barry Mansfield

City Clerk                     President, Ocala City Council

 

Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2024.

 

                     By: __________________________________

                     Ben Marciano

                     Mayor

 

Approved as to form and legality:

 

By: _________________________________

William E. Sexton

City Attorney

 

Ordinance No:                                           2025-XX

Introduced:                                           Click or tap to enter a date.

Adopted:                                           Click or tap to enter a date.

Legal Ad No:                                           Click or tap here to enter text.