Submitted By: Emily W. Johnson
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Presentation By: Emily Johnson
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Resolution 2025-14 for a PD Plan and Standards Book for property located approximately 40 feet north of the intersection of NE 28th Street and NE 23rd Avenue (Parcel 24278-000-01, approximately 16.43 acres (Case No. PD24-45765) (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:
• Petitioner: HTM Developers LLC
• Property Owner: Emerson Pointe Development LLC
• Agent: David Tillman, Tillman & Associates Engineering, LLC
Key Points:
The petitioner is requesting PD, Planned Development zoning, to allow for the development of a single-family residential subdivision. The subject property is undeveloped and lies at the northernmost boundary of the city limits along NE 28th Street. The surrounding area is residential, primarily developed with single-family residences.
This proposed PD constitutes the third phase of the unified development, Emerson Pointe. Phases I and II are located in Marion County and have received PUD approvals from Marion County for 251 units. Portions of the Phase I and II properties fronting NE 28th Street are in Ocala. The entirety of Phase III is situated in the City of Ocala, and approval for an additional 72 units is being sought through this PD approval request. The petitioner strives to establish a unified planned community through design, interconnectivity, and consistent development standards. In 2022, the applicant attempted to annex the initial phases of development into the City of Ocala to provide for unified jurisdiction. However, annexation was determined not to be possible due to the creation of an enclave.
It is important to note that Marion County and the City of Ocala have differing development standards. This PD request includes requested variations to code standards to accommodate unified (Ocala and Marion County) standards for development. For that purpose, the petitioner is asking the city to consider the entire Emerson Point Planned community as a unified development to apply development standards across the entire development located within the county (Phase I and II) and City (Phase III) specifically, for requirements such as open space and provisions for amenities (all located in Phases I and II Marion County).
PD Plan and Standards Book Details:
The associated PD Plan depicts a maximum of 72 lots, constituting an overall density of 4.38 dwelling units per acre on the 16.43-acre site. The PD Plan proposes 47.29 percent open space. In lieu of providing aggregate open space for Phase III, the petitioner has identified that the development will have connectivity to Phases I and II, which feature a clubhouse with a pool, playground equipment, and two dog parks. In the PD Standards Book, the petitioner notes that the amenities provided in Phases I and II are adequately sized to accommodate the residents of all three phases.
FINDINGS AND CONCLUSIONS:
• The proposed rezoning is consistent with the existing Neighborhood Future Land Use classification pursuant to Code of Ordinances Section 122-244.
• The PD Plan is consistent with the minimum standards for a PD District (Section 122-942), with the exception of the minimum open space requirement.
• The applicant is requesting a variation to the following standards:
o Requested variation to the block length standard requirement for subdivisions. The PD Standards Book proposes that the minimum block length be reduced to 198 feet and the maximum block length be extended to 776 feet.
o Requested variation to the sidewalk construction requirement for subdivisions. The PD Plan and Standards Book proposes the construction of sidewalks on one side of internal roads. The PD Standards Book identifies that sidewalks will be constructed along NE 28th Street.
o Requested variation to the aggregate open space requirement of 10 percent of the total gross open space. The PD Plan and Standards Book identifies that there will be sufficient amenities provided in Phases I and II to serve the residents of all three phases.
• The proposed rezoning is compatible with the surrounding development, the Comprehensive Plan, and the City’s Code of Ordinances.
• Adequate public facilities exist to service the proposed development.
Staff recommends approval with the following conditions:
1. Attached garages shall be required for all single-family residences.
2. The aggregate open space/improved open space (IOS)/ amenities area in Phases I and II shall remain accessible to the entire development in perpetuity.
3. The amenity area shall not be reduced or removed. Modifications to the amenity area are permitted but must be submitted for review and approval by the city staff.
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 2025-14
A RESOLUTION APPROVING A PLANNED DEVELOPMENT (PD) PLAN AND ASSOCIATED PD STANDARDS BOOK (EMERSON POINTE PHASE 3 PD) FOR PROPERTY LOCATED APPROXIMATELY 40 FEET NORTH OF THE INTERSECTION OF NE 28TH STREET AND NE 23RD AVENUE (PARCEL 24278-000-01), APPROXIMATELY 16.43 ACRES (CASE NO. PD24-45765).
Whereas, HTM Developers, LLC submits a PD plan (Case PD24-45765) for property located approximately 40 feet north of the intersection of NE 28th Street and NE 23rd Avenue, approximately 16.43 acres to allow for the construction of 72 single-family homes; and
Whereas, as an associated Ordinance _________ amends the zoning map of the City of Ocala changing parcel 24278-000-01 from RO, Residential Office, R-1, Single-Family Residential, and R-2, Two-Family Residential, to PD, Planned Development; and
Whereas, on January 13, 2025, the Planning and Zoning Commission recommended approval of the applicant’s request by a 5-0 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 Emerson Pointe Phase 3 PD plan (Exhibit “A”) and PD standards book (Exhibit “B”).
2. The effective date for this resolution will be _______________, 2025.
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:
THE WEST ½ OF THE SE ¼ OF THE NE ¼ OF SECTION 4, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FL.
LESS THE SOUTH 40.00 FEET FOR RIGHT OF WAY
AND LESS THE NORTH 250.00 FEET OF THE SOUTH 290.00 FEET OF THE WEST 150.00 FEET FOR WATER RETENTION POND
AND LESS THE NORTHERLY 50.00 FEET OF THE WEST ½ OF THE SE ¼ OF THE NE ¼ TAKEN FOR TRANSMISSION SYSTEM.
ALSO BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE NW CORNER OF THE W ½ OF THE SE ¼ OF THE NE ¼ OF SECTION 4, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA; THENCE S.89 DEGREES 33’09”., ALONG THE NORTH BOUNDARY OF SAID SE ¼ DISTANCE OF 611.60 FEET; THENCE S.00 DEGREES 05’51” W., 1280.79 FEET TO THE NORTH RIGHT OF WAYLINE OF NE 28TH STREET (80’ FEET WIDE); THENCE N.89 DEGREES 20’31”W., ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 463.82 FEET; THENCE N.00 DEGREES 10’49”E., 250.00 FEET; THENCE N.89 DEGREES 26’55”W., 150.00 FEET TO A POINT ON THE WEST BOUNDARY LINE OF SAID W. ½ OF THE SE ¼ OF THE NE ¼; THENCE N.00 DEGREES 11’ 56” E., ALONG SAID WEST BOUNDARY A DISTANCE OF 1028.83 FEET TO THE POINT OF BEGINNING.
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 ______________________, 2025.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Kristen M. Dreyer
City Clerk President, Ocala City Council
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney