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File #: RES-2024-34   
Type: Resolution Status: Passed
File created: 7/10/2024 In control: City Council
On agenda: 8/20/2024 Final action: 8/20/2024
Title: Adopt Resolution 2024-34 concerning a PD, Planned Development Plan, including PD Standards for property located approximately 850 feet north and 1,200 feet east of the intersection at SW 27th Avenue and SW 42nd Street (Parcel 23930-000-00, 23930-002-00, 23930-003-00, 23930-003-01, 23930-003-03, and 23930-005-00), approximately 52.82 acres (Case No. PD23-45565) (Quasi-Judicial)
Attachments: 1. Staff Report, 2. Exhibit A Grand Oaks, 3. Exhibit B Grand Oaks

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 Resolution 2024-34 concerning a PD, Planned Development Plan, including PD Standards for property located approximately 850 feet north and 1,200 feet east of the intersection at SW 27th Avenue and SW 42nd Street (Parcel 23930-000-00, 23930-002-00, 23930-003-00, 23930-003-01, 23930-003-03, and 23930-005-00), approximately 52.82 acres (Case No. PD23-45565) (Quasi-Judicial)

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OCALA’S RELEVANT STRATEGIC GOALS:

Quality of Place

PROOF OF PUBLICATION:

N/A

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BACKGROUND:

                     Petitioner:                                           Ocala 42nd Street Residential, LLC

                     Property Owner:                      Ocala 42nd Street Residential, LLC

                     Agent:                                                                W. James Gooding III, Gooding & Batsel, PLLC

 

The subject properties along with the adjacent shopping center were annexed into the city in 1989. Over the years, the site had several zoning and land use designations. The existing Planned Unit Development (PUD) was approved in 2011 and a Chapter 163 Development Agreement stipulating development conditions was approved in 2013. A shopping center (Phase I) with an anchor Publix grocery store opened in 2014, while Phases 2 and 3 of the PUD remained undeveloped.

 

As a result of a pre-application meeting with staff, the petitioner moved forward with the required neighborhood meeting in October 2023 seeking to amend the previous PUD approval. Following that meeting, the applicant applied for staff review, which subsequently went through three rounds of review. The southwest quadrant of the city has seen significant growth in the last 11 years; however, the property has vested transportation concurrency from an approved Chapter 163 Development Agreement which allotted the development with 474 multi-family residences and 30,000 square feet of office development, along with a previously developed shopping center.

 

This application proposes an increase in building height and approximately 54 additional dwelling units (6 multi-family units and 48 townhomes). Due to the increase in density, an update to the traffic study will be required before the site plan is approved.

 

At the July 8, 2024, Planning and Zoning Commission meeting,  the applicant's agent made a brief presentation indicating that they had met with the neighboring El Dorado Homeowner's Association. The Association President was present at the meeting and spoke to support the development, expressing satisfaction with the petitioner's willingness to work with the property owners to the north. The Planning and Zoning Commission voted 4 to 0 to recommend approval of the rezoning request.

 

FINDINGS AND CONCLUSIONS:  The requested PD, Planned Development, is consistent with the comprehensive plan, the Low-Intensity future land use classification, and will not adversely affect the health, safety, convenience, prosperity, or general welfare of the community.

 

The proposed Planned Development (PD) zoning, plan, and standards book are compatible with the surrounding area and land use.

 

Staff recommends approval.

 

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.

 

ALTERNATIVE:

                     Approve with changes

                     Deny

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RESOLUTION 2024-34

 

A RESOLUTION APPROVING A PLANNED DEVELOPMENT (PD) PLAN AND ASSOCIATED PD STANDARDS BOOK (GRAND OAKS PHASES 2 AND 3 PD) FOR PROPERTY LOCATED APPROXIMATELY 850-FEET NORTH AND 1,200-FEET EAST OF THE INTERSECTION AT SW 27TH AVENUE AND SW 42ND STREET, OCALA, MARION COUNTY, FLORIDA (CASE NO. PD24-45565).

 

Whereas, Ocala 42nd Street Residential, LLC submits a PD plan (Case PD24-45565) for property located approximately 850-feet north and 1,200-feet east of the intersection at SW 27th Avenue and SW 42nd Street, approximately 52.82 acres to allow for the construction of 480 multi-family residences and 48 townhomes, including passive recreation areas, a community center and pool, and extended buffers along the northern boundaries of the site; and

 

Whereas, as an associated Ordinance _________ amends the zoning map of the City of Ocala changing parcel 23930-000-00, 23930-002-00, 23930-003-00, 23930-003-01, 23930-003-03, and 23930-005-00 from PUD-07, Planned Unit Development, to PD, Planned Development; and

 

Whereas, on July 8, 2024, the Planning and Zoning Commission recommended approval of the applicant’s request by a 4 to 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 Grand Oaks Phases 2 and 3 PD plan (Exhibit “A”) and PD standards book (Exhibit “B”).

 

2.                     The effective date for this resolution will be _______________, 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:

 

A PORTION OF THE NORTH 1/2 OF SECTION 36 AND G.G. PERPALL GRANT, TOWNSHIP 15 SOUTH, RANGE 21 EAST AND A PORTION OF LOTS 7 AND 8, BLOCK "B” OF EL DORADO SUBDIVISION RECORDED IN PLAT BOOK "R" AT PAGES 47, 48 AND 49 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH BOUNDARY OF SAID SECTION 36, S89°38'59"E, A DISTANCE OF 33.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 475A (S.W. 27TH AVENUE) (BEING A 100 FOOT RIGHT OF WAY) AND THE POINT OF BEGINNING. THENCE CONTINUE ALONG SAID NORTH BOUNDARY ALSO BEING THE SOUTH BOUNDARY OF SAID EL DORADO SUBDIVISION, S89°38'57"E, A DISTANCE OF 2144.75 FEET TO THE S.W. CORNER OF AN EXCEPTION TO THE WARRANTY DEED FOR LOT 7, BLOCK 'B' OF SAID EL DORADO SUBDIVISION, SAID WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 2802, PAGE 1283 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID SOUTH BOUNDARY OF EL DORADO SUBDIVISION, ALONG THE WEST BOUNDARY OF SAID EXCEPTION, N00°17'15"E, A DISTANCE OF 14.03 FEET TO THE N.W. CORNER OF SAID EXCEPTION; THENCE ALONG THE NORTH BOUNDARY OF SAID EXCEPTION, S89°37'25"E, A DISTANCE OF 281.57 FEET TO THE N.E. CORNER OF SAID EXCEPTION; THENCE ALONG THE EAST BOUNDARY OF SAID EXCEPTION, S00°00'01"E, A DISTANCE OF 13.99 FEET TO THE S.E. CORNER OF SAID EXCEPTION, SAID POINT ALSO BEING ON THE AFOREMENTIONED SOUTH BOUNDARY OF EL DORADO SUBDIVISION; THENCE ALONG SAID SOUTH BOUNDARY, S89°41'38"E, A DISTANCE OF 57.92 FEET TO A POINT ON THE WESTERLY BOUNDARY OF A 20 FEET WIDE DRAINAGE RIGHT OF WAY AS RECORDED IN ROAD PLAT BOOK III, PAGES 119 AND 121 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID SOUTH BOUNDARY OF EL DORADO SUBDIVISION, ALONG SAID WESTERLY BOUNDARY OF DRAINAGE RIGHT OF WAY, S05°43'36"E, A DISTANCE OF 793.79 FEET; THENCE CONTINUE ALONG SAID WESTERLY BOUNDARY S03°29'21"E, A DISTANCE OF 50.45 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 475C (S.W. 42ND STREET) (RIGHT OF WAY WIDTH VARIES); THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, S55°13'51"W, A DISTANCE OF 351.47 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1350.00 FEET, A CENTRAL ANGLE OF 28°04'01" AND A CHORD BEARING AND DISTANCE OF S69°14'22"W., 654.72 FEET; THENCE SOUTHWESTERLY ALONG SAID ARC AND RIGHT OF WAY LINE, A DISTANCE OF 661.31 FEET TO THE END OF SAID CURVE; THENCE CONTINUE ALONG SAID NORTHERLY RIGHT OF WAY LINE, N89°44'45"W, A DISTANCE OF 582.43 FEET TO THE S.E. CORNER OF THE PERIMETER ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 6072, PAGE 401 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 89°45'34" AND A CHORD BEARING AND DISTANCE OF N.44°51'56"W., 49.39 FEET; THENCE NORTHWESTERLY ALONG THE EAST BOUNDARY OF SAID LANDS AND THE ARC OF SAID CURVE, A DISTANCE OF 54.83 FEET TO THE POINT OF TANGENCY; THENCE CONTINUE ALONG THE EAST AND NORTH BOUNDARY OF SAID LANDS THE FOLLOWING SIXTEEN (16) CALLS: N.00°00'40"E., A DISTANCE OF 132.48 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 127.00 FEET, A CENTRAL ANGLE OS 55°47'54" AND A CHORD BEARING AND DISTANCE OF N.27°53'16"W., 118.85 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 123.68 FEET TO THE POINT OF TANGENCY; THENCE N.55°47'13"W., A DISTANCE OF 109.29 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE 56°03'09" AND A CHORD BEARING AND DISTANCE OF N.27°45'39"W., 93.98 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 97.83 FEET TO THE POINT OF TANGENCY; THENCE N.00°15'56"E., A DISTANCE OF 44.58 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 130.00 FEET, A CENTRAL ANGLE OF 55°45'06" AND A CHORD BEARING AND DISTANCE OF N.27°36'37"W., 121.56 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 126.50 FEET TO THE POINT OF TANGENCY; THENCE N.55°29'10"W., A DISTANCE OF 61.26 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 130.00 FEET, A CENTRAL ANGLE OF 34°14'54" AND A CHORD BEARING AND DISTANCE OF N.72°36'37"W., 76.56 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 77.71 FEET TO THE POINT OF TANGENCY; THENCE N.89°44'04"W., A DISTANCE OF 381.52 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 90°00'00" AND A CHORD BEARING AND DISTANCE OF N.44°44'04"W., 42.43 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 47.12 FEET TO THE POINT OF TANGENCY; THENCE N.00°15'56"E., A DISTANCE OF 19.87 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 124.00, A CENTRAL ANGLE OF 89°36'28" AND A CHORD BEARING AND DISTANCE OF N.44°32'18"W., 174.76 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 193.93 FEET TO THE POINT OF TANGENCY; THENCE N.89°20'33"W., A DISTANCE OF 33.23 FEET; THENCE N.78°09'40"W., A DISTANCE OF 51.58 FEET; THENCE N.89°20'33"W., A DISTANCE OF 42.37 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90°04'22" AND A CHORD BEARING AND DISTANCE OF N.44°18'21"W., 35.38 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 39.50 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF THE AFOREMENTIONED COUNTY ROAD 475A (S.W. 27TH AVENUE); THENCE DEPARTING THE NORTH BOUNDARY OF SAID LANDS, ALONG THE SAID EAST RIGHT OF WAY LINE, N.00°43'50"E., A DISTANCE OF 445.24 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 56.72 ACRES MORE OR LESS. 

 

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.

 

 

This resolution adopted this ______ day of ______________________, 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