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File #: ORD-2025-6   
Type: Ordinance Status: Agenda Ready
File created: 10/22/2024 In control: City Council
On agenda: 11/5/2024 Final action:
Title: Introduce Ordinance 2025-6 to rezone approximately 12.61 acres for property located at the northeast corner of the intersection of NE 25th Avenue and NE 28th Street (Parcel 24274-000-00) from INST, Institutional to PD, Planned Development (Case PD24-45735) (Quasi-Judicial)
Introduced By: Kristen M. Dreyer
Attachments: 1. PD24-45735 Staff Report P&Z Final, 2. PD24-45735 Case Map, 3. PD24-45735 Aerial Map, 4. Letter of Objection #1
Date Action ByMotionResultAction DetailsMeeting DetailsVideo
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Submitted By: Emily W. Johnson, AICP

Presentation By: Emily Johnson

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

title

Introduce Ordinance 2025-6 to rezone approximately 12.61 acres for property located at the northeast corner of the intersection of NE 25th Avenue and NE 28th Street (Parcel 24274-000-00) from INST, Institutional  to PD, Planned Development (Case PD24-45735) (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:                                           Boyd Real Estate, LLC

                     Property Owner:                                           Green Family Trust

                     Agent:                                                                David Tillman, Tillman & Associates Engineering, LLC

Key Points:

The petitioner has submitted the request to facilitate the development of a single-family residential subdivision. The subject property is vacant, undeveloped, and lies at the northernmost boundary of the City limits along NE 25th Avenue. The surrounding area is residential in nature and primarily developed with single-family residences.

PD Plan and Standards Book Details:

The associated PD Plan depicts a maximum of 55 lots, constituting an overall density of 4.36 dwelling units per acre on the 12.61-acre site. The PD Plan proposes 55.04 percent open space, including 11.67 percent aggregate open space. Aggregate open space is proposed to consist of an amenity area with a pavilion, a playground, and a perimeter walking trail. While buffering is not required, the developer proposes some natural landscape buffers along the perimeter, enhancing the buffers to ensure adequate screening.

Planning & Zoning Commission:

While presenting the case, staff addressed a discrepancy in the open space shown on the PD Plan. The PD Plan previously reflected a total of 53 lots, 36.08 percent open space, and 19.06 percent aggregate open space. Upon recalculation of the open space to include the non-buildable yards of individual lots, the applicant revised the totals to 56.54 percent open space, and 11.36 percent aggregate open space. During the meeting, the applicant requested to update the Plan further to show two additional lots for a total of 55. The applicant affirmed that the two lots would only be added if the overall open space total did not fall below the required 40 percent.

During public comments, members of the public expressed concerns about the compatibility of the project density with the surrounding area, traffic congestion on NE 25th Avenue, and whether the development was intended as an affordable housing project. The applicant clarified that this is an infill project, homes would be priced at market rate and confirmed that a traffic study would be conducted.

The Planning & Zoning Commission voted 4-0 to recommend approval to City Council.

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 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 190 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 a stabilized perimeter walking trail in lieu of internal sidewalks. The PD Standards Book identifies that sidewalks will be constructed along NE 28th Street and NE 25th Avenue, or the appropriate fee will be paid into the City’s Sidewalk Bank.

                     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. The proposed development will be required to extend sewer services to this project.

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

 

SUPPORT MATERIALS:

                     Staff Report

                     Case Map

                     Aerial Map

                     Letter(s) of Objection

 

ORDINANCE 2025-6

 

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM INST, INSTITUTIONAL, TO PD, PLANNED DEVELOPEMNT, FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NE 25TH AVENUE AND NE 28TH STREET (PARCEL 24274-000-00), APPROXIMATELY 12.61 ACRES (CASE NO. PD24-45735); 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 PD, Planned Development:

A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGIN AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF NE 28TH STREET (80 FEET WIDE) WITH THE EAST RIGHT OF WAY LINE OF NE 25TH AVENUE (80 FEET WIDE); THENCE NORTH 00 DEGREES, 01 MINUTES, 58 SECONDS EAST, ALONG SAID EAST RIGHT OF WAY LINE, 1280.54 FEET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, NORTH 88 DEGREES, 52 MINUTES, 55 SECONDS EAST A DISTANCE OF 432.59 FEET; THENCE SOUTH 00 DEGREES, 06 MINUTES, 34 SECONDS WEST A DISTANCE OF 1280.53 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID NE 28TH STREET; THENCE SOUTH 88 DEGREES, 52 MINUTES, 23 SECONDS WEST, ALONG SAID NORTH RIGHT OF WAY LINE, 429.41 FEET TO THE POINT OF BEGINNING. SAID LANDS BEING SITUATE IN 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 INST, Institutional, 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.

 

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:                                           2025-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.