Submitted By: Endira Madraveren
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Presentation By: Endira Madraveren
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2024-29 to rezone approximately 10.02 acres for property located at the northeast and southeast corners of SW 60th Avenue and SW 43rd Street Road to PD, Planned Development (Parcel 23833-000-01 and 23833-000-02) (Case PD23-45260) (Quasi-Judicial) - Request to postpone until the October 15, 2024, City Council meeting - Previously postponed from the April 16, 2024 and July 16, 2024, City Council meetings
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
Ocala Gazette - April 26, 2024 - Notice ID HsctFv723pIUT340M8PP
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BACKGROUND:
• Applicant: Lee Ray Bergman, LLC
• Property Owner: Lee Ray Bergman, LLC
• Agent: W. James Gooding III, Gooding & Batsel, PLLC
• Originally part of the Hunt Club at Fox Point Westwood Planned Unit Development which was approved for 168 units. Phase I allowed for 42 single-family dwellings while Phase II was allotted for the future development of 126 multi-family dwelling units.
• Upon annexation and receiving land use, the City required the Agreement Limiting Development to restrict the property to 96 dwelling units, to develop the property as a PUD, and to require the owner to perform a traffic study prior to commencing development.
• The PD proposes 96 multi-family dwellings, over 100-feet of aggregate open space to the east which will abut the existing single-family neighborhood, and existing trees that will remain.
• Although the projected PM peak hour trips are only 62, (not triggering the current 100 PM peak hour trips required for a traffic study) the developer will be required to submit a traffic study as part of the site plan review.
• The PD plan includes a 96 multi-family apartment complex, with maximum height not to exceed 50-feet. The developer will utilize enhanced design features, including natural enhanced buffers, pedestrian walking trails, and amenities for residents.
• Planning & Zoning Commission recommended approval with a 4-0 vote at their March 11, 2024, meeting.
FINDINGS AND CONCLUSIONS:
The PD plan is consistent with the land development regulations, as well as the Agreement Limiting Development 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
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ORDINANCE 2024-29
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING TO PD, PLANNED DEVELOPMENT, FOR CERTAIN PROPERTY LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF SW 60TH AVENUE AND SW 43RD STREET, OCALA, FLORIDA (PARCEL 23833-000-01 AND 23833-000-02) (CASE PD23-45260); 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:
TRACT "A" AND TRACT "B" OF "HUNT CLUB AT FOX POINT", AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGES 139 AND 140, PUBLIC RECORDS OF 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 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 __________________, 2023.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2024-29
Introduced: 4/2/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - April 26, 2024 - Notice ID HsctFv723pIUT340M8PP