Submitted By: Endira Madraveren
Presentation By: Endira Madraveren
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2024-42 to rezone approximately 24.50 acres for property located at the southwest corner of the intersection of NE 35th Street and NE 19th Avenue (Parcels 24402-001-00 and 24277-000-00) from R-1A, Single-Family Residential, to PD, Planned Development (PD23-45210) (Quasi-Judicial) (The City Council will consider a PD Resolution that will include a PD Plan and Standards on Tuesday, June 18, 2024)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant: Priscilla Investments, LLC and PASD Investments, LLC.
• Property Owner: Priscilla Investments, LLC and PASD Investments, LLC.
• Agent: Miles Anderson, P.E., Miles Christian Anderson Consulting Engineers, Inc.
• Originally annexed into the city in 2005, the parcels have remained vacant and undeveloped.
• The projected PM peak hour trip generation is 98.7 trips (ITE Trip Generation Report 11th Edition). This number does not meet the 100 peak hour trip threshold requiring a full traffic study.
• The PD plan includes passive recreation areas, a dog park, and extended buffers along the northern and the western boundaries of the site.
• There is an error in the Planning & Zoning Memo, stating that the developer is proposing approximately 100 single-family residential and single-family residential zero-lot-line homes; sixty-six and forty-four respectively. The correct breakdown of single-family residential to single-family residential zero-lot-line homes is 52 single-family detached and 48 zero-lot-line homes. The correct numbers are reflected in the City Staff Report.
• The Planning & Zoning Commission recommended approval by a 6-0 vote at the May 20, 2024, meeting.
FINDINGS AND CONCLUSIONS:
The PD plan is consistent with the land development regulations, and it is compatible with the surrounding area. 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 2024-42
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM R-1A, SINGLE-FAMILY RESIDENTIAL, TO PD, PLANNED DEVELOPMENT, FOR CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF NE 35TH STREET AND NE 19TH AVENUE, OCALA, FLORIDA (PARCELS 24302-001-00 AND 24277-000-00) (CASE PD23-45210); 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:
THE EAST HALF OF THE NORTH THREE QUARTERS OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, EACEPT 70 YARDS SQUARE IN THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER.
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THE SOUTH ¼ OF THE NE ¼ OF THE NW ¼ OF SECTION 4, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 25.00 FEET FOR ROAD RIGHT OF WAY ALSO EXCEPTING THE NORTH 200.00 FEET OF THE EAST 190.00 FEET THEREOF.
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 R-1A, Single-Family Residential, 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.
Section 7. This ordinance shall become effective upon the later of:
a. Approval by the mayor, or upon becoming law without such approval or
b. The adoption of Resolution # _______________ related to the associated PD plan and standards book.
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: 2024-42
Introduced: 6/4/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.