Submitted By: Eric Smith
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Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2022-78 concerning a rezoning from B-2, Community Business, to PD, Planned Development, for two parcels (23874-000-16 and 23874-000-17) in the Heath Brook Planned Development located on SW 46th Court, approximately 2.21 acres (Case PD21-44375) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: Ocala Trophy, Ltd.
• Agent: Christopher P Roper
• Property Owner: Ocala Trophy, Ltd.
• The subject parcels (23874-000-16 and 23874-000-17) are part of the Heath Brook Planned Development. The western, eastern, and northern parcels contain fully constructed and operational developments, respectively a hotel, apartment complex, and shopping center.
• Ocala Trophy is requesting to amend the existing Heath Brook Planned Development by expanding the PD boundary to include these two undeveloped parcels.
• Trip entitlements will be increased for Heath Brook based on additional traffic capacity created by the construction of SW 49th Avenue within the right-of-way provided by the Heath Brook developer.
• A master traffic study was approved for the Heath Brook Development of Regional Impact (DRI) in 2005. The master traffic study is the basis for the current trip entitlements for the DRI.
• The current approved total PM peak hour trips are 3,802 PM peak hour net new trips.
• The Heath Brook PD amendment has completed review with City staff. The original PD was approved by City Council in September of 2018 and was subsequently amended on December 1, 2020.
• On August 16, 2022, City Council will also consider an amendment to the PD to address the proposed changes.
• Planning & Zoning Commission recommended approval by a vote of 6 to 0 at the July 11, 2022, meeting.
FINDINGS AND CONCLUSIONS:
The PD rezoning and plan amendment are consistent with land development regulations. Additional trips from the scheduled expansion of SW 49th Avenue will offset any increased traffic. Staff recommends approval.
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 2022-78
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-2, COMMUNITY BUSINESS, TO PD, PLANNED DEVELOPMENT, FOR CERTAIN PROPERTIES (23874-000-16 AND 23874-000-17) LOCATED ON SW 46TH COURT WITHIN THE HEATH BROOK DEVELOPMENT (CASE NO. PD21-44375); 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 PD, Planned Development:
PARCELS 16 AND 17 OF HEATH BROOK NORTH B-2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 149, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
Section 2. The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from B-2, Community Business, to PD, Planned Development, 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:
a. Approval by the Mayor, or upon being law without such approval.
or
b. The adoption of Resolution # _______________ concerning amendment to the Heath Brook Planned Development.
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: 2022-78
Introduced: 8/2/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.