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File #: 2023-0608   
Type: Ordinance Status: Withdrawn
File created: 2/20/2023 In control: City Council
On agenda: 3/21/2023 Final action: 3/21/2023
Title: Adopt Ordinance 2023-34 concerning a rezoning from GU, Government Use, to PD, Planned Development, for property located on the south side of NW 35th Street in the 2100-2400 block (currently a water retention area), approximately 5.83 acres (PD22-44861) (Quasi-Judicial) (Postponed from the February 21, 2023, City Council meeting - Request to Withdraw Ordinance 2023-34)
Introduced By: Jay A. Musleh
Attachments: 1. Staff Report - PD22-44861, 2. Case Map, 3. Aerial Map, 4. P&Z Minutes PD22-44861 West Oak 1-9-23, 5. Attorney letter re-_Defective_Notice_2-16-2023

Submitted By: Aubrey Hale

presenter

Presentation By: Patricia Hitchcock

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

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Adopt Ordinance 2023-34 concerning a rezoning from GU, Government Use, to PD, Planned Development, for property located on the south side of NW 35th Street in the 2100-2400 block (currently a water retention area), approximately 5.83 acres (PD22-44861) (Quasi-Judicial) (Postponed from the February 21, 2023, City Council meeting - Request to Withdraw Ordinance 2023-34)

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OCALA’S RELEVANT STRATEGIC GOALS:

Quality of Place.

PROOF OF PUBLICATION:

N/A

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BACKGROUND:

                     Petitioner:                       West Oak, LLC

                     Property Owner:                     West Oak, LLC

                     The City of Ocala entered into a Redevelopment Agreement for the former Pine Oaks Golf course and the current West Oak PD plan facilitates redevelopment of the property into a mixed-income residential community.

                     There is a need for more housing development in the city, especially affordable housing.

                     The current West Oak PD plan includes 386 single-family residential lots, 832 multifamily residential units, 150 townhomes, and approximately 70,000 square feet of commercial space.

                     Additional units, added connections to the Right-of-Way, increased building height, and additional property along NW 35th Street require the PD plan be amended by Planning & Zoning Commission and City Council.

                     The proposed amendment increases the totals for multi-family from 832 to 1,980 and decreases the single-family residential units to 170 units. The commercial is also reduced to 12,500sf from the original proposed 70,000sf.

                     The future land use classification of Medium Intensity/Special District requires a minimum density of five dwelling units per acre and a maximum density of 30 dwelling units per acre. This amended PD plan proposes approximately ten-and-one half dwelling units per acre.

 

Planning & Zoning Commission recommended approval at their Monday, January 09, 2023, meeting with a 4 to 1 vote.

 

FINDINGS AND CONCLUSIONS:

The requested Planned Development plan and zoning district are consistent with the Comprehensive Plan and compatible with the surrounding area. Staff recommends that the ordinance be withdrawn. Staff will be resubmitting the ordinance in June 2023, for introduction and adoption.

 

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 2023-34

 

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM GU, GOVERNMENTAL USE, TO PD, PLANNED DEVELOPMENT, FOR CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF NW 35TH STREET IN THE 2100-2400 BLOCK, OCALA, FLORIDA (CASE NO. PD22-44861); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; 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 regulations of the City of Ocala, Florida, as PD, Planned Development:

 

COMMENCE AT THE NE CORNER OF THE NE 1/4 OF THE NW 1/4 OF SECTION 1, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA THENCE N89°41'36"W ALONG THE NORTH BOUNDARY OF SAID NE 1/4 OF NW 1/4 A DISTANCE OF 1321.17 FEET; THENCE DEPARTING SAID NORTH BOUNDARY PROCEED S00°18'24"W A DISTANCE OF 35.00 FEET TO A CONCRETE MONUMENT (NO ID.) ON THE MONUMENTED SOUTH RIGHT OF WAY LINE OF NW 35TH STREET AND THE WEST BOUNDARY OF THE NE 1/4 OF THE NW 1/4 OF SAID SECTION 1; THENCE PROCEED S00°28'25"W ALONG SAID WEST BOUNDARY A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST BOUNDARY PROCEED S89°33'01"E A DISTANCE OF 1048.39 FEET; THENCE SOUTH A DISTANCE OF 248.53 FEET; THENCE N87°15'28"W A DISTANCE OF 735.76 FEET; THENCE S00°19'18"W A DISTANCE OF 42.21 FEET; THENCE N89°41'36"W A DISTANCE OF 315.37 FEET TO THE WEST BOUNDARY OF THE NE 1/4 OF THE NW 1/4 OF SECTION 1, TOWNSHIP 15 SOUTH, RANGE 21 EAST; THENCE N00°28’25"E ALONG SAID WEST BOUNDARY A DISTANCE OF 262.09 FEET TO THE POINT OF BEGINNING.

 

(aka Parcel# 21385+000-00)

 

                     Section 2.  The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from GU, Governmental Use, to PD, Planned Development, as to lands described in Section 1 of this ordinance.

 

 

Section 3.  Severability Clause.  Should any provision or section of this ordinance be held by a Court of Competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.

 

                     

Section 4.  All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

                     Section 5.   This ordinance shall become effective upon the later of:

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

(b).                     The effective date of Ordinance No. _____ (Ref: Land Use Case LUC22-45057).

 

ATTEST:                      CITY OF OCALA

 

By:                                           By:                      

Angel B. Jacobs                      James P. Hilty Sr.

City Clerk                     President, Ocala City Council

 

Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2022.

 

                     By: __________________________________

                     Reuben Kent Guinn

                     Mayor

 

Approved as to form and legality:

 

By: _________________________________

William E. Sexton

City Attorney

 

Ordinance No:                                           2023-34

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.