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File #: 2024-1204   
Type: Ordinance Status: Passed
File created: 4/18/2024 In control: City Council
On agenda: 5/7/2024 Final action: 5/7/2024
Title: Adopt Ordinance 2024-28 to rezone from R-3, Multi-Family Residential, to PD, Planned Development, and approval of PD plan with Design Standards, for property located in the 1100 block of NW 14th Street (Parcel 25773-000-00), approximately 16.58 acres (Case PD23-45351) (Quasi-Judicial) - Postponed from the April 16, 2024 City Council Meeting
Introduced By: Jay A. Musleh
Attachments: 1. PD23-45351 P&Z Agenda Packet

Submitted By: Endira Madraveren

presenter

Presentation By: Endira Madraveren

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

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Adopt Ordinance 2024-28 to rezone from R-3, Multi-Family Residential, to PD, Planned Development, and approval of PD plan with Design Standards, for property located in the 1100 block of NW 14th Street (Parcel 25773-000-00), approximately 16.58 acres (Case PD23-45351) (Quasi-Judicial) - Postponed from the April 16, 2024 City Council Meeting

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OCALA’S RELEVANT STRATEGIC GOALS:

Quality of Place

PROOF OF PUBLICATION:

Ocala Gazette - April 26, 2024 - Notice ID HsctFv723pIUT340M8PP

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BACKGROUND:

                     Applicant:                                           Smart Fill Investment, LLC

                     Property Owner:                      Smart Fill Investment, LLC

                     Agent:                                                                Chris Gwin, P.E., Radcliffe Engineering, Inc.

                     Originally part of the Munden’s Subdivision Plat recorded in March 1982, the lot(s) have remained vacant and undeveloped.

                     The property owner began removing trees prior to site plan approval; City of Ocala Code Enforcement cited the property owner. If the property owner does not come into compliance with an approved plan, they may be required to pay additional fines.

                     The projected PM peak hour vehicular trips are 87. A traffic study is not required for projects generating less than 100 net new PM peak hour vehicular trips.

                     The PD plan includes 88 single-family homes with enhanced design features, including Florida-friendly plantings in the buffers and open space, walking trails, and enhanced landscaped entrances.  

                     Planning & Zoning Commission recommended approval with a 4-0 vote at their March 11, 2024, meeting.

 

FINDINGS AND CONCLUSIONS:

The PD plan is consistent with the land development regulations, and it is compatible with the surrounding area. 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

 

 

 

 

 

 

ORDINANCE 2024-28

 

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM R-3, MULTI-FAMILY RESIDENTIAL, TO PD, PLANNED DEVELOPMENT, FOR CERTAIN PROPERTY LOCATED IN THE 1100 BLOCK OF NW 14TH STREET, OCALA, FLORIDA (PARCEL 25773-000-00) (CASE NO. PD23-45351); 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 following described lands are hereby rezoned and reclassified according to the zoning regulation of the City of Ocala, Florida, as PD, PLANNED DEVELOPMENT:

 

BLOCKS 6, 7, 14 AND 15; LOTS 2 AND 3, OR WEST 1/2 OF BLOCK 8; AND LOTS 2 AND 3, OR WEST 1/2 OF BLOCK 13, MUNDEN'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK A, PAGE 76, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.

 

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 R-3, Multi-Family, to PD, Planned Development, 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 the later of:

a.                     Approval by the mayor, or upon becoming law without such approval or

b.                     The adoption of Resolution # _______________ related to the associated PD plan and standards book.

 

 

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:                                           2024-28

Introduced:                                           4/2/2024

Adopted:                                           Click or tap to enter a date.

Legal Ad No:                                           Ocala Gazette - April 26, 2024 - Notice ID HsctFv723pIUT340M8PP