Submitted By: Tye Chighizola
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2023-46 concerning a zoning change to R-3, Multi-family Residential, for approximately 15 acres of property located on the east side of SW 43rd Court in the 3600 block (across from Saddlewood Elementary) (Case ZON23-45169) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant: Catalyst Development Partners II, LLC
• Property Owner: 200 Club of Ocala, LLC
• Agent: Fred N. Roberts, Jr., Esq.
In December 2021, the property owner made an application to the City to have the southern 15 acres of the property (Parcel # 23816-000-00) rezoned to R-3 (Multi-Family Residential District) that included a Chapter 163 Development Agreement for all 26.63 acres. The agreement addressed access, road improvements, proportionate share for costs of road improvements, construction timing, allowable uses, maximum densities/intensities, building heights, setbacks, design, signage, and buffers. On May 3, 2022, the Ocala City Council denied the rezoning ordinance (Ord # 2022-25) and the Chapter 163 Development Agreement (DMA22-44686). Immediately following the denial, the property owner filed a Petition for Relief under the Florida Land Use Environmental Dispute Resolution Act (FLUEDRA), Section 70.51, Florida Statutes. After the City and property owner engaged a special magistrate (R. William Futch), a noticed FLUEDRA final hearing was held on March 7, 2023. At the hearing, the City and Owner agreed to terms that would include a new rezoning ordinance to R-3 and a revised Chapter 163 Development Agreement/Settlement Agreement for consideration by the Ocala City Council.
The proposed Chapter 163 Development Agreement/Settlement Agreement allows for single-family residential and multi-family residential and related accessory uses. The revised agreement addresses the commencement of construction of the project related to the SW 43rd Court improvements as well as setbacks, buffers, landscaping, design, parking, lighting, signage, utilities, vehicular/pedestrian facilities, and traffic/concurrency/proportionate share payments. The project will not commence until that portion of the road project is completed
The density of the Multi-Family Parcel (15 acres) shall not exceed a maximum of 320 multi-family residential dwelling units (21.3 units per acre), or any combination of single-family and multi-family residential dwelling units such that the traffic impact of such combination of single-family and multi-family residential units does not exceed the number of p.m. peak hour trips that would be generated by 288 multi-family residential dwelling units (19.2 units per acre). The height of the multi-family parcel shall not exceed 50 feet. The remaining 11.63 acres will have a medium-intensity land use classification that allows a minimum of five dwelling units per acre or 0.15-floor area ratio and a maximum of 30 dwelling units per acre or a 4.0-floor area ratio. The height for the 11.63-acre parcel shall not exceed 50 feet.
FINDINGS AND CONCLUSIONS: The proposed R-3 zoning district with a Chapter 163 Development Agreement is consistent with and eligible to implement Medium Intensity/Special District land use classification. Staff recommends approval of the proposed zoning change.
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 2023-46
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, BY ZONING PROPERTY AS R-3, MULTI-FAMILY RESIDENTIAL, FOR CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF SW 43RD COURT IN THE 3600 BLOCK (ACROSS FROM SADDLEWOOD ELEMENTARY), OCALA, FLORIDA (CASE NO. ZON23-45169); 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 regulation of the City of Ocala, Florida, as R-3, Multi-family Residential:
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 15 SOUTH, RANGE 21 EAST, LYING IN MARION COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE SOUTH 89°55'19" EAST, A DISTANCE OF 50.67 FEET ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE EAST RIGHT OF WAY LINE OF SW 44TH AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 5118, PAGE 1991 OF THE PUBLIC RECORDS OF MARION COUNTY (ALSO KNOWN AS SW 43RD COURT), FOR A POINT OF BEGINNING; THENCE NORTH 00°24'23" EAST, A DISTANCE OF 1047.10 FEET ALONG SAID EAST RIGHT OF WAY LINE; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, SOUTH 89°55'19" EAST, A DISTANCE OF 623.83 FEET; THENCE SOUTH 00°23'19" WEST, A DISTANCE OF 1047.10 FEET TO THE AFORESAID SOUTH LINE OF THE SOUTHEAST QUARTER; THENCE NORTH 89°55'19" WEST, A DISTANCE OF 624.16 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
Containing 15.00 acres, more or less. (aka: portion of Parcel No. 23816-000-00)
Section 2. The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification to R-3, Multi-family Residential, 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 take effect upon the later of:
1. Approval by the Mayor, or upon being law without such approval, or
2. The adoption of DMA23-44165 (Chapter 163 Development Agreement) on __________ .
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 __________________, 2023.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2023-46
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.