Submitted By: Emily Johnson
presenter
Presentation By: Emily Johnson
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Ordinance to rezone approximately 283.55 acres located west of Interstate 75 and north of SW 66th Street, the 4000 block of SW 66th Street (Parcel 23875-000-01 & 35364-000-00) from PUD-02, Planned Unit Development, to PD, Planned Development (Case PD25-0007) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place.
PROOF OF PUBLICATION:
N/A
body
BACKGROUND:
• Applicant: Mockingbird Ridge, LLC
• Property Owner: 42nd Street Flyover, LLC
• Agent: Fred N. Roberts Jr., Esq., Klein & Klein, PLLC
Key Points:
The applicant is requesting to rezone two parcels, totaling 283.55-acres, from PUD-02, Planned Unit Development, to PD, Planned Development. In conjunction with the rezoning request, the applicant is also seeking approval of a PD Plan and Standards Book, which establishes a development program for up to 592 single-family residential units.
The subject properties are currently vacant and are two of the last remaining undeveloped parcels within the Heath Brook Development of Regional Impact (DRI). The DRI was originally established in 1999, via Resolution 99-130, and has undergone several amendments and extensions. In 2018, City Council adopted the Amended and Restated Development Order for the Heath Brook DRI, via Resolution 2018-42.
Zoning and Land Use Details:
For consideration of the rezoning, there are several key factors to consider:
• At the time of the adoption of the Heath Brook DRI, the subject properties were designated as Low Density Residential Future Land Use (FLU). The Low Density Residential FLU allowed a maximum of five (5) dwelling units per acre, and for a range of housing types including detached and attached single-family houses, duplexes, townhouses and mobile homes.
• The Low Intensity Future Land Use category requires a minimum residential density of three (3) dwelling units per acre and allows a maximum of up to eighteen (18) dwelling units per acre. The proposed PD Plan allows for up to 592 single-family lots with a minimum lot width of 50 feet, resulting in an overall density of approximately 2.1 dwelling units per acre across the 283.55-acre site. As previously mentioned, this density is below the minimum established by the Low Intensity Future Land Use, it is consistent with the previously approved development pattern and entitlements of the Heath Brook DRI, which was master planned to accommodate a range of densities and land use intensities.
• A master traffic study was performed for the DRI by Traffic Planning and Design, Inc. (“TPD”) in 2005. The traffic study was updated by Kimley-Horn and Associates in 2013. This master traffic study was the basis for the trip entitlements for the DRI. The traffic study identified transportation improvements and proportionate share mitigation to be made by the developers for the traffic impacts of the site. There are a total of 277 trips reserved for development of up to 592 single-family residential units on the subject properties.
• The PD Plan indicates that the subject properties will be accessed via SW 40th Avenue which, upon completion, will bisect this PD and provide a connection to SW 66th Street. An additional access point is depicted along Tartan Road (SW 60th Street Road).
• The subject properties are bordered by residential uses associated with Planned Developments to the north, south, and west, while I-75 borders the properties to the east.
FINDINGS AND CONCLUSIONS:
• The proposed PD maintains the same entitlements and development standards of the prior PUD-02 zoning district, consistent with the Heath Brook DRI.
• The proposed density of the PD is consistent with the previously approved Heath Brook DRI.
• The PD Plan is consistent with the minimum standards for a PD District (Section 122-942), with exception to the following:
o Requested variation to allow the development to maintain 25 percent open space, in lieu of the 40 percent required for single-use residential PDs. The subject properties are part of an overall mixed-use DRI which includes commercial and other non-residential uses.
• The density in the proposed PD is consistent with the DRI that predated the 2013 comprehensive plan amendment. The existing DRI is consistent with the comprehensive plan through a vested right identified in Chapter 106 of the Land Development Code.
• City utilities are available at this location, and no level of service issues have been identified for public facilities as a result of the zoning amendment.
Staff recommends approval with the following conditions:
• All sanitation services shall be provided by the City of Ocala.
• Subdivision improvements shall be provided in accordance with the requirements of Chapter 114 of the Land Development Code.
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
• PD Standards Book
• PD Plan
• Statement of Variations
• Resolution 2018-42 - Amended and Restated Development Order for Heath Brook DRI
• Recorded Assignment of Vested Trips
• Letters of Objection
• Case Map
• Aerial Map
ORDINANCE 2026-XX
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING THE ZONING FROM PUD-02, PLANNED UNIT DEVELOPMENT, TO PD, PLANNED DEVELOPMENT, FOR CERTAIN PROPERTY LOCATED WEST OF INTERSTATE 75 AND NORTH OF SW 66TH STREET, THE 4000 BLOCK OF SW 66TH STREET (PARCEL 23875-000-01 & 35364-000-00), APPROXIMATELY 283.55 ACRES (CASE NO. PD25-0007); 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 PD, Planned Development:
PARCEL 1: (23875-000-01)
COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 16 SOUTH, RANGE 21 EAST; THENCE S 00°20'17" W ALONG THE EAST BOUNDARY LINE OF SAID SECTION 3, 1426.43 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST BOUNDARY LINE N 89°39'43" W 589.45 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 535.00 FEET, A CENTRAL ANGLE OF 22°52'09" AND A CHORD BEARING AND DISTANCE OF S 55°25'45" W 212.13 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 213.54 FEET TO A POINT OF TANGENCY; THENCE S 66°51'49" W 446.54 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 340.00 FEET, A CENTRAL ANGLE OF 44°09'20" AND A CHORD BEARING AND DISTANCE OF S 44°47'09" W 255.59 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 262.03 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 425.04 FEET AND A CHORD BEARING AND DISTANCE OF N 68°15'51" W 429.33 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 450.07 FEET TO A POINT OF TANGENCY; THENCE S 81°24'04" W 375.88 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 960.00 FEET; A CENTRAL ANGLE OF 25°06'04" AND A CHORD BEARING AND DISTANCE OF N 86°02'54" W 417.22 FEET; THENCE WESTERLY ALONG SAID CURVE 420.57 FEET TO A POINT OF COMPOUND CURVATURE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1305.00 FEET, A CENTRAL ANGLE OF 16°19'19" AND CHORD BEARING AND DISTANCE OF N 65°20'13" W 370.50 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, 371.76 FEET, THENCE S 70°14'00" W 1042.03 FEET TO A POINT OF CURVATURE CONCAVE TO THE NORTH HAVING A RADIUS OF 770.00 FEET, A CENTRAL ANGLE OF 11°07'50" AND A CHORD BEARING AND DISTANCE OF S 75°47'56" W 149.35 FEET; THENCE WESTERLY ALONG SAID CURVE, 149.59 FEET TO A POINT OF REVERSE CURVATURE HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 56°44'55" AND A CHORD BEARING AND DISTANCE OF S 65°23'04" W 142.57 FEET; THENCE WESTERLY ALONG SAID CURVE 148.57 TO A POINT OF REVERSE CURVATURE HAVING A RADIUS OF 185.00 FEET, A CENTRAL ANGLE OF 68°59'29" AND A CHORD BEARING AND DISTANCE OF S 59°06'41" W 209.55 FEET; THENCE WESTERLY ALONG SAID CURVE 222.76 FEET TO A POINT OF TANGENCY; THENCE N 86°23'35" W 258.77 FEET TO A POINT ON A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1568.55 FEET, A CENTRAL ANGLE OF 8°43'41" AND A CHORD BEARING AND DISTANCE OF S 8°05'38" W 238.71 FEET; THENCE SOUTHERLY ALONG SAID CURVE 238.94 FEET TO A POINT OF TANGENCY; THENCE S 11°56'34" W 222.56 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1115.53 FEET, A CENTRAL ANGLE OF 20°39'09" AND A CHORD BEARING AND DISTANCE OF S 22°16'06" W 399.92 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 402.10 FEET; THENCE S 57°24'28" E 60.00 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 86°33'34" AND A CHORD BEARING AND DISTANCE OF S 10°41'15" E 34.28 FEET; THENCE SOUTHERLY ALONG SAID CURVE 37.77 FEET TO A POINT OF TANGENCY; THENCE S 53°58'02" E 762.75 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 46°34'40" AND A CHORD BEARING AND DISTANCE OF S 30°40'42" E 474.44 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 487.76 FEET TO A POINT OF REVERSE CURVATURE HAVING A RADIUS OF 660.00 FEET, A CENTRAL ANGLE OF 24°23'34" AND A CHORD BEARING AND DISTANCE OF S 19°35'09" E 278.87 FEET; THENCE SOUTHERLY ALONG SAID CURVE 280.99 FEET; THENCE N 55°41'44" E 771.57 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 785.00 FEET, A CENTRAL ANGLE OF 10°43'28" AND A CHORD BEARING AND DISTANCE OF N 61°03'28" E 146.72 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 146.93 FEET TO A POINT OF TANGENCY; THENCE N 66°25'12" E 418.27 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 235.00, A CENTRAL ANGLE OF 108°43'03" AND A CHORD BEARING AND DISTANCE OF S 59°13'16" E 381.96 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE 445.91 FEET TO A POINT OF TANGENCY; THENCE, S 4°51'44" E 220.32 FEET; THENCE S 65°01'06" E 119.48 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 179.40 FEET, A CENTRAL ANGLE OF 57°48'41" AND A CHORD BEARING AND DISTANCE OF N 82°44'46" E 173.43, FEET; THENCE EASTERLY ALONG SAID CURVE 181.01 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 183.93 FEET, A CENTRAL OF 23°26'49" AND A CHORD BEARING AND DISTANCE OF S 80°04'18" E 74.74 FEET; THENCE EASTERLY ALONG SAID CURVE 75.27 FEET TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF 8149.78 FEET, A CENTRAL ANGLE OF 3°15'24" AND A CHORD BEARING AND DISTANCE OF N 86°34'36" EAST 463.16 FEET; THENCE EASTERLY ALONG SAID CURVE 463.22 FEET TO A POINT OF TANGENCY; THENCE N 84°56'54" E 80.46 FEET; THENCE N 1°19'17" E 100.95 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 626.42 FEET, A CENTRAL ANGLE OF 17°48'49" AND A CHORD BEARING AND DISTANCE OF N 10°13'41" E 193.97 FEET; THENCE NORTHERLY ALONG SAID CURVE 194.76 FEET TO THE POINT OF TANGENCY; THENCE N 19°08'07" E 303.05 FEET; THENCE S 89°39'20" E 1270.55 FEET; THENCE N 00°21'42" E 758.84 FEET, THENCE N 89°27'28" W 38.27 FEET TO THE EAST 1/4 CORNER OF THE AFOREMENTIONED SECTION 3; THENCE N 00°20'17" E ALONG THE EAST BOUNDARY LINE OF SAID SECTION 3, 1178.62 FEET TO THE POINT OF BEGINNING. LESS RIGHT OF WAY CONVEYED TO THE CITY OF OCALA, RECORDED IN BOOK 6907, PAGE 679, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
LESS AND EXCEPTING FROM THE AFOREDESCRIBED LANDS, THE FOLLOWING:
(OFFICIAL RECORDS BOOK 4905, PAGE 332): COMMENCE AT THE SOUTHWEST CORNER OF SECTION 35, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE NORTH BOUNDARY OF SECTION 3, TOWNSHIP 16 SOUTH, RANGE 21 EAST; THENCE S.89°20'41"E., FOR
15.47 FEET; THENCE CONTINUE ALONG SAID SECTION LINES, S.89°20'41"E., FOR 100.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 3; THENCE ALONG THE EAST BOUNDARY LINE OF SAID SECTION 3, S.00°20'17"W., FOR 1426.43 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST BOUNDARY LINE, S.00°20'17"W., FOR 1178.27 FEET; THENCE DEPARTING SAID EAST BOUNDARY LINE, S.89°27'28'E., FOR 38.27 FEET; THENCE S.00°21'42"W., FOR 1323.10 FEET; THENCE S.89°34'20"W., FOR 38.02 FEET; THENCE S.00°21'02"W., FOR 1238.73 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SW 66TH STREET; THENCE ALONG SAID NORTH RIGHT-OF-WAY, N.88°59'56"W., A DISTANCE OF 100.00 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY, N.00°21'02"E., 2561.64 FEET; THENCE N.00°20'17"E., FOR 1178.27 FEET; THENCE S.89°39'43"E., A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. SAID LAND BEING SITUATED IN MARION COUNTY, FLORIDA.
PARCEL 2: (35364-000-00)
A PARCEL SITUATED IN SECTION 3, TOWNSHIP 16 SOUTH, RANGE 21 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 3, TOWNSHIP 16 SOUTH, RANGE 21 EAST, THENCE N 01°44'46" E AT 40.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTH RIGHT OF WAY LINE OF SW 66TH STREET; THENCE N 89°00'14" W ALONG SAID NORTH RIGHT OF WAY LINE 348.83 FEET; THENCE DEPARTING SAID RIGHT OF WAY N 00°59'46" E AT 792.11 FEET; THENCE N 62°38'23" E AT 763.15 FEET; THENCE N 04°51'44" W AT 86.92 FEET; THENCE S 65°01'06" E AT 119.48 FEET; THENCE N 53°50'26" E AT 6.16 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 179.40 FEET, A CENTRAL ANGLE OF 57°48'41" AND A CHORD BEARING AND DISTANCE OF N 82°44'46" E AT 173.43 FEET; THENCE ALONG SAID CURVE 181.01 FEET TO POINT OF REVERSE CURVATURE, HAVING A RADIUS OF 183.93 FEET, A CENTRAL ANGLE OF 23°26'49" AND CHORD BEARING AND DISTANCE OF S 80°04'18" E AT 74.74 FEET; THENCE ALONG SAID CURVE 75.27 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 8,149.78 FEET, A CENTRAL ANGLE OF 03°15'24" AND A CHORD BEARING AND DISTANCE OF N 86°34'36" E AT 463.16 FEET; THENCE ALONG SAID CURVE 463.22 FEET TO A POINT OF TANGENCY; THENCE N 89°56'54" E AT 80.46 FEET; THENCE N 01°19'17" E AT 100.95 FEET TO A POINT OF CURVATURE CONCAVE TO THE EAST, HAVING A RADIUS OF 626.42 FEET, A CENTRAL ANGLE OF 17°48'49" AND A CHORD BEARING AND DISTANCE OF N 10°13'41" E AT 193.97 FEET, THENCE ALONG SAID CURVE 194.76 FEET TO A POINT OF TANGENCY; THENCE N 19°08'07" E AT 303.05 FEET; THENCE S 89°39'02" E AT 1270.55 FEET; THENCE S 00°21'42" W AT 564.27 FEET; THENCE S 89°34'20" W AT 38.02 FEET; THENCE S 00°21'02" W AT 1238.73 FEET TO POINT ON THE NORTH RIGHT OF WAY LINE OF SW 66TH STREET; THENCE ALONG SAID NORTH RIGHT OF WAY LINE N 88°59'56" W AT 912.33 FEET; THENCE CONTINUE ALONG SAID NORTH RIGHT OF WAY LINE S 01°00'04" W AT 45.00 FEET; THENCE N 88°59'41" W AT 1681.59 FEET TO THE POINT OF BEGINNING.
SAID LANDS BEING SITUATED IN MARION COUNTY, FLORIDA. TOGETHER WITH:
A PARCEL SITUATED IN SECTIONS 3 & 4, TOWNSHIP 16 SOUTH, RANGE 21 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF "HEATH BROOK HILLS", A SUBDIVISION RECORDED IN PLAT BOOK "7", PAGES 120 AND 121 OF PUBLIC RECORDS OF MARION COUNTY FLORIDA, SAID POINT IS ALSO ON THE NORTH RIGHT OF WAY OF SW 66TH STREET (WILLAM'S ROAD); THENCE ALONG THE EAST BOUNDARY LINE OF SAID HEATH BROOK HILLS N 11°38'41" E 1255.07 FEET TO A POINT ON A CURVE CONCAVE TO THE EAST, HAVING RADIUS OF 185.00 FEET, A CENTRAL ANGLE OF 146°25'45" AND A CHORD BEARING AND DISTANCE OF N 32°17'23" W AT 354.24 FEET; THENCE NORTHERLY ALONG SAID CURVE 472.80 FEET; THENCE N 05°29'21" W 149.37 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF TARTAN ROAD, SAID POINT BEING ON A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 940.00 FEET, A CENTRAL ANGLE OF 46°45'44" AND A CHORD BEARING AND DISTANCE OF N 61°07'47" E AT 746.07 FEET; THENCE EASTERLY ALONG SAID CURVE 767.18 FEET TO A POINT OF COMPOUND CURVE CONCAVE NORTHWESTERLY, HAVING RADIUS OF 1115.53 FEET, A CENTRAL ANGLE OF 05°09'14" AND A CHORD BEARING AND DISTANCE OF N 35°10'18" E AT 100.31 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 100.34 FEET; THENCE S57°24'28" E 60.00 FEET TO A POINT ON A CURVE CONCAVE TO THE EASTERLY, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 86°33'34" AND A CHORD BEARING AND DISTANCE OF S 10°41'15" E AT 34.28 FEET; THENCE SOUTHERLY ALONG SAID CURVE 37.77 FEET TO THE POINT OF TANGENCY; THENCE S 53°58'02" E 762.75 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 600.00 FEET A CENTRAL ANGLE OF 46°34'40" AND A CHORD BEARING AND DISTANCE OF S 30°40'42" E AT 474.44 FEET; THENCE SOUTH ALONG SAID CURVE 487.76 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE EASTERLY, HAVING RADIUS OF 660.00 FEET A CENTRAL ANGLE OF 24°23'34" AND A CHORD BEARING AND DISTANCE OF S 19°35'09" E AT 278.87 FEET; THENCE SOUTHERLY ALONG SAID CURVE 280.99 FEET; THENCE N 55°41'44" E 771.57 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTH, HAVING A RADIUS OF 785.00 FEET A CENTRAL ANGLE OF 10°43'28" AND A CHORD "BEARING AND DISTANCE OF N 61°03'28" E AT 146.72 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 146.93 FEET TO THE POINT OF TANGENCY; THENCE N 66°25'12" E 418.27 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 235.00 FEET, A CENTRAL ANGLE OF 108°43'03" AND A CHORD BEARING AND DISTANCE OF S 59°13'16" E AT 381.96 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 445.91 FEET TO A POINT OF TANGENCY; THENCE S 04°51'44" E
307.23 FEET; THENCE S 62°38'23" W 763.15 FEET; THENCE S 00°59'46" W 792.11 FEET TO THE NORTH RIGHT OF WAY OF THE AFOREMENTIONED SW 66TH STREET (A MAINTENANCE RIGHT OF WAY); THENCE ALONG SAID RIGHT OF WAY N 89°00'14" W 2295.61 FEET; THENCE S 89°25'18" W 286.71 TO THE POINT OF BEGINNING.
SAID LANDS BEING SITUATED IN MARION COUNTY, FLORIDA.
LESS AND EXCEPTING FROM THE AFOREDESCRIBED LANDS, THE FOLLOWING:
(OFFICIAL RECORDS BOOK 4905, PAGE 332): COMMENCE AT THE SOUTHWEST CORNER OF SECTION 35, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE NORTH BOUNDARY OF SECTION 3, TOWNSHIP 16 SOUTH, RANGE 21 EAST; THENCE S.89°20'41"E., FOR 15.47 FEET; THENCE CONTINUE ALONG SAID SECTION LINES, S.89°20'41"E., FOR 100.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 3; THENCE ALONG THE EAST BOUNDARY LINE OF SAID SECTION 3, S.00°20'17"W., FOR 1426.43 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST BOUNDARY LINE, S.00°20'17"W., FOR 1178.27 FEET; THENCE DEPARTING SAID EAST BOUNDARY LINE, S.89°27'28'E., FOR 38.27 FEET; THENCE S.00°21'42"W., FOR 1323.10 FEET; THENCE S.89°34'20"W., FOR 38.02 FEET; THENCE S.00°21'02"W., FOR 1238.73 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SW 66TH STREET; THENCE ALONG SAID NORTH RIGHT-OF-WAY, N.88°59'56"W., A DISTANCE OF 100.00 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY, N.00°21'02"E., 2561.64 FEET; THENCE N.00°20'17"E., FOR 1178.27 FEET; THENCE S.89°39'43"E., A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
ALSO LESS AND EXCEPT: ALL OF THE PLAT OF PRESERVE AT HEATH BROOK PHASE 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGES 171-176, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, LESS: THAT PORTION OF TRACT "C" WHICH IS INCLUDED IN PARCEL 2 ABOVE. IT IS THEREFORE THE INTENTION TO INCLUDE THAT PORTION OF SAID TRACT "C" WHICH IS INCLUDED WITHIN PARCEL 2 ABOVE.
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 PUD-02, Planned Unit Development, 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 approval by the mayor, or upon becoming law without such approval.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Ire J. Bethea Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2026.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2026-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.