Submitted By: Breah J. Miller, Planner II
presenter
Presentation By: Endira Madraveren
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Resolution 2025-6 for a Planned Development Plan and PD Standards Book for property located at 5019 West Highway 40 along with the parcel to the northwest (Parcels 23176-003-00 & 23180-000-00), approximately 30.49 acres (Case No. PD24-45515) (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:
• Property Owner/ Petitioner: CHI Ocala Rancho, LLC
• Agent: Paolo Mastroserio, Mastroserio Engineering
Key Points:
The petitioner is requesting to rezone the subject property from No Zoning & B-5, Wholesale Business District, to PD, Planned Development for the future development of 468 multi-family residential units, commercial and retail mixed-uses.
Zoning and Land Use Details:
The PD Plan is proposing commercial uses along the frontage of West Silver Springs Boulevard and will consist of a maximum of 5.54 acres. The multi-family residential portion will be located to the rear and consist of approximately 24.58 acres.
Planning & Zoning Commission:
The Planning & Zoning Commission asked staff to clarify if the one ingress/egress from West Highway 40 was also going to service the proposed commercial lots. Staff explained that there will be internal access between the commercial and residential lots within the PD. The agent, Paolo Mastroserio, further clarified the proposed access points. He also explained that staff had provided five conditions to the PD, and those changes were reflected in the Plan and Standards Book. The agent asked for the Commission to extend the fifth condition timeframe from one year to 24-months. The Planning & Zoning Commission unanimously recommended approval with a 4-0 vote, including a revised fifth condition.
FINDINGS AND CONCLUSIONS:
• The proposed rezoning is consistent with the Employment Center Future Land Use classification and land development regulations.
• The proposed rezoning is consistent with the requirements Section 122-940 - 122-949 regarding the Planned Development zoning requirements.
• Objective 12 of the Future Land Use Comprehensive Plan states, “all development must have adequate services and facilities.” Adequate facilities exist within a 1/8-mile radius; future development will be required to extend services to the subject property.
• The commercial portion of the PD along SR 40 provides a transition and buffer to the proposed multi-family residential to the north.
Staff recommends approval of the request with the following five conditions:
1. Revision of the 25-foot setback to a 25-foot landscape buffer.
2. Replacement of vinyl coated chain link fence with an opaque 6-foot fence.
3. Explicitly restricting access to one point of ingress/egress onto State Road 40/West Silver Springs Boulevard by including language on the PD Plan and in the PD Standards Book.
4. Removing the inclusion for the potential for single-family residential development on Page 5 of the PD Standards Book.
5. Bringing all nonconforming uses, including but not limited to single-family residential and agricultural uses, into compliance within no less than one year of approval of the PD rezoning by City Council.
These five conditions ensure compatibility of the proposed multi-family component of the PD to the surrounding commercial and industrial uses in the area.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: This resolution will be reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVES:
• Approve with changes
• Deny
• Table
SUPPORT MATERIALS:
• PD Plan
• PD Standards Book
RESOLUTION 2025-6
A RESOLUTION APPROVING A PLANNED DEVELOPMENT (PD) PLAN AND ASSOCIATED PD STANDARDS BOOK (W HWY 40 MIXED USE PD PLAN) FOR PROPERTY LOCATED AT 5019 W. HIGHWAY 40 ALONG WITH THE PARCEL TO THE NORTHWEST, OCALA, MARION COUNTY, FLORIDA (CASE NO. PD24-45515).
Whereas, CHI Ocala Rancho, LLC submits a PD plan (Case PD24-45515) for property located at 5019 West Highway 40 along with the parcel to the northwest, approximately 30.49 acres to allow for the construction of 468 multi- family units, commercial and retail mixed-use development; and
Whereas, as an associated Ordinance 2025-7 amends the zoning map of the City of Ocala changing parcel 23176-003-00 & 23180-000-00 from No Zoning & B-5, Wholesale Business District, to PD, Planned Development; and
Whereas, on October 14, 2024, the Planning and Zoning Commission recommended approval of the applicant’s request by a 4-0 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 W Hwy 40 Mixed Use PD plan (Exhibit “A”) and PD standards book (Exhibit “B”).
2. The effective date for this resolution will be November 19, 2024.
3. The approved PD plan and associated PD standards book shall apply to the following described land located in Ocala, Marion County, Florida, to wit:
PARCEL # 23176-003-00:
SEC 16 TWP 15 RGE 21 N 424.02 FT OF E 1/4 OF SE 1/4 OF NE 1/4
& PARCEL # 23180-000-00:
SEC 16 TWP 15 RGE 21 N 1/2 OF E 1/2 OF W1/2 OF SE 1/4 OF NE 1/4 & THAT PT OF S 1/2 OF E 1/2 OF W 1/2 OF SE 1/4 OF NE 1/4 LYING N OF SR 40 & W 1/4 OF SE 1/4 OF NE 1/4 N OF SR 40 & E 26 FT OF E 1/4 OF SW 1/4 OF NE 1/4 N OF SR 40 & W 1/2 OF E 1/2 OF SE 1/4 OF NE 1/4 EXC PT LYING S OF SR 40 & COM AT THE NE COR OF SEC TH N 89-39-03 W 1324.35 FT TH S 00-31-19 W 1325.46 FT TH N 89-38-36 W 26.02 FT TO THE POB TH CONT WLY 26.02 FT TH S 00-31-31 W 766.93 FT TO POC OF A TANGENT CURVE CONCAVE ELY HAVING A RADIUS OF 470.87 FT A CENTRAL ANGLE OF 11-35-35 A CHORD BEARING & DISTANCE S 05-10-10 E 95.12 FT TH ALONG ARC OF CURVE 95.28 FT TH S 11-04-07 E 81.66 FT TH N 00-31-31 E 941.61 FT TO THE POB EXC ROW FOR SR 40 (1918/0500) EXC LOT 1 CR OCALA (5825/22 & 5825/ 19) MORE PARTICULARLY DESC AS: COM AT THE INTERSECTION OF THE ELY ROW OF NW 52ND AVE & NLY ROW OF SR 40 TH N 44-08-05 W 34.38 FT TO POC OF A NON TANGENT CURVE CONCAVE WLY HAVING A RADIUS OF 570.87 FT A CHORD BEARING & DISTANCE OF N 07-02-32 W 92.32 FT TH NLY ALONG ARC OF CURVE THROUGH A CENTRAL ANGLE OF 09-16-34 AN ARC DISTANCE OF 92.42 FT TH N 11-38-09 W 202.43 FT TO POC OF A NON TANGENT CURVE CONCAVE ELY HAVING A RADIUS OF 470.87 FT A CHORD BEARING & DISTANCE OF N 11-00-18 W 9.24 FT TH NLY ALONG ARC OF CURVE THROUGH A CENTRAL ANGLE OF 01-07-29 AN ARC DISTANCE OF 9.24 FT TH S 88-55-35 E 151.38 FT TH S 01-09-41 W 37 FT TH S 87-03-14 E 91.81 FT TH S 02-19-46 W 285.56 FT TH N 87-39-53 W 152.95 FT TO THE POB
LESS.
This resolution adopted this 19th day of November 2024.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Barry Mansfield
City Clerk President, Ocala City Council
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney