Submitted By: Aubrey Hale
presenter
Presentation By: Patricia Hitchcock
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2023-33 to change the Future Land Use Designation from Public to Medium Intensity/Special District, for property located on the south side of NW 35th Street in the 2100-2400 block (currently a water retention area); approximately 5.83 acres. (LUC22-45057) (Postponed from the February 21, 2023, City Council meeting - Request to Withdraw Ordinance 2023-33)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub.
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: West Oak, LLC
• Property Owner: West Oak, LLC
• The City of Ocala entered into a Redevelopment Agreement for the former Pine Oaks Golf course and the current West Oak PD plan facilitates redevelopment of the property into a mixed-income residential community.
• There is a need for more housing development in the city, especially affordable housing.
• The current West Oak PD plan includes 386 single-family residential lots, 832 multifamily residential units, 150 townhomes, and approximately 70,000 square feet of commercial space.
• Additional units, added connections to the Right-of-Way, increased building height, and additional property along NW 35th Street require the PD plan be amended by Planning & Zoning Commission and City Council.
• The proposed amendment increases the totals for multi-family from 832 to 1,980 and decreases the single-family residential units to 170 units. The commercial is also reduced to 12,500sf from the original proposed 70,000sf.
• The future land use classification of Medium Intensity/Special District requires a minimum density of five dwelling units per acre and a maximum density of 30 dwelling units per acre. This amended PD plan proposes approximately ten-and-one half dwelling units per acre.
Planning & Zoning Commission recommended approval at their Monday, January 09, 2023, meeting with a 4 to 1 vote.
FINDINGS AND CONCLUSIONS:
The requested Planned Development plan and zoning district are consistent with the Comprehensive Plan and compatible with the surrounding area. Staff recommends that the ordinance be withdrawn. Staff will be resubmitting the ordinance in June 2023, for introduction and adoption.
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 2023-33
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP SERIES OF THE CITY OF OCALA, FLORIDA, COMPREHENSIVE PLAN AS REQUIRED IN SECTION 163.3161 THROUGH AND INCLUDING SECTION 163.3248, FLORIDA STATUTES; DETAILING THE LAND USE CHANGE (CASE NO. LUC22-45057) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM PUBLIC TO MEDIUM INTENSITY/SPECIAL DISTRICT, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF NW 35TH STREET IN THE 2100-2400 BLOCK, OCALA, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida adopted the Local Government Comprehensive Planning and Land Development Regulation Act of 1985, as contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, which required the City of Ocala, Florida, to prepare and adopt a comprehensive plan in accord with the requirements of the said act; and
WHEREAS, the City of Ocala has prepared a comprehensive plan which meets the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act of 1985; and
WHEREAS, the City of Ocala on October 22, 1991, adopted this plan including a Future Land Use Element consisting of a land use map series; and
WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides for the amendment of an adopted plan or element or portion thereof; and
WHEREAS, on October 19, 2010, City Council adopted the Ocala 2035 Vision; and
WHEREAS, one of the strategies of the Ocala 2035 Vision was to initiate Comprehensive Plan Amendments (adopted on January 22, 2013) to be consistent with the Ocala 2035 Vision.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF OCALA, FLORIDA, in regular session, as follows:
Section 1. The City of Ocala Comprehensive Plan, Future Land Use Element and Map Series is hereby amended as required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida. The following described lands are hereby reclassified according to the City of Ocala Comprehensive Plan, Future Land Use Element as Medium Intensity/Special District and the attached land use map, dated January 09, 2023, is incorporated by reference into this ordinance:
COMMENCE AT THE NE CORNER OF THE NE 1/4 OF THE NW 1/4 OF SECTION 1, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA THENCE N89°41'36"W ALONG THE NORTH BOUNDARY OF SAID NE 1/4 OF NW 1/4 A DISTANCE OF 1321.17 FEET; THENCE DEPARTING SAID NORTH BOUNDARY PROCEED S00°18'24"W A DISTANCE OF 35.00 FEET TO A CONCRETE MONUMENT (NO ID.) ON THE MONUMENTED SOUTH RIGHT OF WAY LINE OF NW 35TH STREET AND THE WEST BOUNDARY OF THE NE 1/4 OF THE NW 1/4 OF SAID SECTION 1; THENCE PROCEED S00°28'25"W ALONG SAID WEST BOUNDARY A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST BOUNDARY PROCEED S89°33'01"E A DISTANCE OF 1048.39 FEET; THENCE SOUTH A DISTANCE OF 248.53 FEET; THENCE N87°15'28"W A DISTANCE OF 735.76 FEET; THENCE S00°19'18"W A DISTANCE OF 42.21 FEET; THENCE N89°41'36"W A DISTANCE OF 315.37 FEET TO THE WEST BOUNDARY OF THE NE 1/4 OF THE NW 1/4 OF SECTION 1, TOWNSHIP 15 SOUTH, RANGE 21 EAST; THENCE N00°28’25"E ALONG SAID WEST BOUNDARY A DISTANCE OF 262.09 FEET TO THE POINT OF BEGINNING.
(aka Parcel# 21385+000-00)
Section 2. 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 this ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. This ordinance shall become effective upon approval by the mayor, or upon becoming law without such approval.
Section 5. The effective date of this small-scale development amendment shall be 31 days after adoption, unless the amendment is challenged pursuant to Section 163.3187(5), F.S. If challenged, the effective date of the amendment shall be the date a final order is issued by the state land planning agency, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency, 107 East Madison Street, MSC 160, Tallahassee, Florida 32399-6545.
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: 2023-33
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.