Submitted By: Aubrey Hale
presenter
Presentation By: Patricia Hitchcock
end
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Request to waive the one-year waiting period as required by Section 122-134 to allow resubmittal of the West Ocala PD Rezoning/Plan
end
OCALA’S RELEVANT STRATEGIC GOALS:
Operational Excellence, Economic Hub
PROOF OF PUBLICATION:
N/A
body
BACKGROUND:
• Petitioner: West Oak, LLC
• Property Owner: West Oak, LLC
• West Oak, LLC and staff are recommending that Ordinance # 2023-34 along with PD Resolution #2023-17 be withdrawn to address procedural and notice errors identified within Ordinance #2021-23 and Resolution #2021-11 adopted on February 2, 2021.
• The applicant is requesting City Council waive the one-year waiting period for the West Ocala PD rezoning and plan as required by Section 122-134.
• Section 122-134, Ocala Code of Ordinances, states that the Planning and Zoning Commission and City Council shall not consider any further petition for any kind of rezoning of any part or all of the same property for a period of one year from the date that city council acted upon the application.
• The time limit set out in Section 122-134 may be waived by the affirmative vote of three members of the city council.
• The waiver is needed for the West Oak PD rezoning and plan to correct procedural and notice errors that occurred during the adoption of the original application in February 2021.
• The applicant (West Oak, LLC) will be required to submit a new application if the waiver is approved.
• The new application will require action by the Planning and Zoning Commission and City Council. A second public hearing for the rezoning is not required since the property was sold in February 2021. If approved the new PD ordinance and plan will replace Ordinance 2021-23 and Resolution 2021-11 adopted on February 2, 2021.
• The new application will include the changes submitted as part of Resolution 2023-17.
• Staff is also requesting to withdraw Ordinance #2023-33 (land use amendment for the 5.83 acres) and the Concurrency Management Agreement. All items will be addressed in June 2023.
FINDINGS AND CONCLUSIONS: Staff recommends approval of waiving the one-year waiting period. The new ordinances will correct the procedural and notice issues identified with Ordinance 2021-23 and Resolution 2021-11.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: This agenda item will be reviewed by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Table
• Deny