Submitted By: Tye Chighizola
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Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-25 for 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 ZON22-44645) (Quasi-Judicial). Postponed from the March 15, 2022 and April 19, 2022 City Council Meetings.
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub.
PROOF OF PUBLICATION:
3/4/22 - 6972371
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BACKGROUND:
• Applicant: Catalyst Development Partners II, LLC
• Property Owner: 200 Club of Ocala, LLC
• Agent: Fred N. Roberts, Jr., Esq.
• The subject property is located on the east side of SW 43rd Court, approximately 630 feet north of the intersection of SW 40th Street and SW 43rd Court. The southern 15 acres of the property is under contract for sale and proposed to be zoned R-3. The remaining 11.63 acres is not included in the sale contract and will require zoning in the future.
• The property was annexed by the City of Ocala in 2005 pursuant to a request from the property owner at that time. No City land use designation or zoning was requested. The Marion County land use designation of Commercial (23.2 acres) and High Density Residential (3.9 acres) with associated zoning of B-2 and R-3 remained in effect until adoption of the 2035 Comprehensive Plan in January 2013.
• The Ocala 2035 Vision Plan identified this area as appropriate for Medium Intensity development. In January 2013, adoption of the Comprehensive Plan Future Land Use Element designated the subject property and much of the area south and north of the Sonoma development as Medium Intensity/Special District. The intent of this category is to identify neighborhood and community-serving activity centers. Permitted uses include residential, office, commercial, public, recreation, educational facilities, and institutional. Medium Intensity/Special District has a minimum density and intensity of 5 dwelling units per acre or 0.15 FAR. Maximum density and intensity are 30 dwelling units per acre and 4.0 FAR, respectively.
• An analysis of residential market potential conducted by Zimmerman/Volk Associates, Inc., in August 2017 identified a need for additional housing units. Growth in the warehouse distribution and logistics sector has driven the need as much of the workforce commutes from outside the City and outside of Marion County. The requested R-3, Multi-family Residential, zoning is eligible to implement the Medium Intensity/Special District and is appropriate on arterials.
• The Medium Intensity/Special District land use designation is reflective of the long-held plan to construct a road within the SW 43rd Court right-of-way that will circumnavigate the western and southern areas of the City. As is the local practice, the road frequently changes names from NW 44th Avenue to NW/SW 46th Avenue to SW 44th Avenue to SW 43rd Court to SW 43rd Street Road, to SW 42nd Street to SW/SE 32nd Street to SE 31st Street. The simple explanation is that the road will connect from County Road 326 southerly across State Road 200 with a fly-over I-75 and then easterly to Maricamp Road.
• The City is in negotiations to obtain the last portion of right-of-way needed for construction of the roadway north of the subject property. Much of the funding is in place with the remainder contained in proposals before the state legislature this session. SW 43rd Court that serves the subject property is classified by the Florida Department of Transportation (FDOT) as a Minor Collector Urban. Once construction of the network is complete, it will likely be classified by FDOT as a Minor Arterial Urban.
• Staff has discussed concerns about congestion in the area with the applicant’s representative. The transportation infrastructure is not currently in place to accommodate the potential level of development. The applicant’s representative suggested using a Chapter 163 Development Agreement to address future development of the property, requiring a traffic study as part of any development review, and tying development to roadway and intersection improvements, including signalization. The agreement will be presented to City Council concurrent with this rezoning request.
FINDINGS AND CONCLUSIONS:
R-3 zoning district is consistent with and eligible to implement Medium Intensity/Special District land use classification.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The ordinance is pending review by the City Attorney, Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2022-25
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. ZON22-44645); 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 approval by the Mayor, or upon being law without such approval.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Ire Bethea 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: _________________________________
Robert W. Batsel, Jr.
City Attorney
Ordinance No: 2022-25
Introduced: 3/1/2022
Postponed: 3/15/2022
Postponed: 4/19/2022
Denied: 5/3/2022
Legal Ad No: 3/4/22 - 6972371