Submitted By: Kristina Wright
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Presentation By: Aubrey Hale
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2024-52 to rezone approximately 25.67 acres for properties located approximately 600 feet north of the intersection of US Highway 27 and NW 49th Avenue, Lot 1 and Drainage Retention Area Tract A of the Foxwood III plat (P.B. 14, Pg. 197) (Parcel 21509-001-01 and 21509+001-01) from PUD, Planned Unit Development (County), to R-3, Multi-Family Residential (City) (Case ZON24-45695) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ
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BACKGROUND:
• Petitioner: Second Nine Partners LLC
• Property Owner: Second Nine Partners LLC
• Agent: David Tillman, Tillman Engineering
The subject property consists of a developed tract for drainage retention and a remaining property from the original Shops at Foxwood plat. The subject property area is in unincorporated Marion County and zoned PUD, Planned Unit Development (County), with an underlying Commercial Future Land Use classification (County). On April 5, 2022, the Marion County Board of County Commissioners approved a conceptual PUD plan to develop 396 multi-family dwelling units.
The petitioner requests to rezone from PUD, Planned Unit Development (County), to R-3, Multi-Family Residential District (City), to connect to existing utilities and facilitate future multi-family residential development.
Adequate public facilities exist to service the subject properties. The petitioner has submitted concurrent applications for annexation (Case: ANX24-45693) and land use change to Low Intensity (Case: LUC24-45694).
During the Planning and Zoning Commission hearing on July 8, 2024, several residents of the adjacent Quail Meadows Subdivision spoke, advocating for additional buffering, including a fence or a wall between the properties.
A 25-foot landscape buffer is required between the proposed multifamily development and the neighboring single-family residential to the north. This buffer width could be reduced to 10 feet with the addition of a wall. Additionally, a 20-foot utility easement exists along the southern boundary of the adjacent neighborhood. The Planning and Zoning Commission ultimately recommended approval by a vote of 4-0.
Following the Planning & Zoning Commission meeting, staff recognized a scrivener’s error in the staff report submitted to the Commission. The Planning and Zoning staff report mistakenly stated that the developer would be required to pay school concurrency fees due to impacts created by the development. The report was amended before the public notice of the agenda, stating the requirement to pay school impact fees. However, the amended report was not updated in the Planning & Zoning Commission agenda. The correct staff report has been included for the City Council agenda item.
FINDINGS AND CONCLUSIONS: The requested R-3, Multi-Family Residential zoning district is consistent with the comprehensive plan and the requested Low-Intensity future land use classification. The amendment will not adversely affect the community’s health, safety, convenience, prosperity, or general welfare. The proposed R-3 zoning is consistent with Section 122-244 of the Code of Ordinances and with the proposed future land use of the property. Staff recommends approval.
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 2024-52
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM PUD, PLANNED UNIT DEVELOPMENT (COUNTY), TO R-3, MULTI-FAMILY RESIDENTIAL DISTRICT (CITY), FOR THE PROPERTIES LOCATED APPROXIMATELY 600-FEET NORTH OF THE INTERSECTION AT US HIGHWAY 27 AND NW 49TH AVENUE, LOT 1 AND DRAINAGE RETENTION AREA TRACT A OF THE FOXWOOD III PLAT (P.B. 14, PG. 197), PARCELS 21509-001-01 AND 21509+001-01, APPROXIMATELY 25.67 ACRES (CASE NO. ZON24-45695); 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 following described lands are hereby rezoned and reclassified according to the zoning regulation of the City of Ocala, Florida, as R-3, Multi-Family Residential:
LOT 1 OF FOXWOOD III, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 197 AND 198, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
AND
TRACT A OF FOXWOOD III, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 197 AND 198, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
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 from PUD, Planned Unit Development (County) to R-3, Multi-Family Residential (City) 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 the later of:
1. Approval by the Mayor or upon becoming law without such approval;
or
2. The effective date of Ordinance No. 2024-______ (Ref: Land Use Case LUC24-45694).
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Barry Mansfield
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2024.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2024-52
Introduced: 9/3/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ