Submitted By: Patricia Z. Hitchcock
presenter
Presentation By: Patricia Hitchcock
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Resolution 2023-35 approving the First Amendment to the West Oak Planned Development PD plan and PD design standards for approximately 198.80 acres of property located south of NW 35th Street, east of NW 27th Avenue, north of NW 21st Street, and west of railroad (Case No. PD23-45234) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub
PROOF OF PUBLICATION:
n/a
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BACKGROUND:
• Applicant: West Oak Developers, LLC
Lot 4 West, LLC
Madison Oaks West, LLC
West Oak Ocala 1 Business, LLC
• Property Owners: West Oak Developers, LLC
Lot 4 West, LLC
Madison Oaks West, LLC
West Oak Ocala 1 Business, LLC
City of Ocala
• Agent: Tillman & Associates
• 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 with a variety of recreational amenities and some
neighborhood-serving commercial uses along NW 35th Street. The West Oak PD rezoning and
plan were approved in February 2021. After learning of a potential procedural deficiency with
the original adoption, the rezoning and PD plan approval were processed a second time as a
cautionary measure and received final approval from City Council on June 20, 2023.
• There is a need for more housing development in the city, particularly affordable housing, due to the recent increase in employment opportunities resulting from development of major distribution centers on NW 35th Avenue Road and NW 35th Street. The City Redevelopment Agreement for Pine Oaks requires that 20 percent of the units constructed are affordable housing units, as defined in the agreement. 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.
• The developer has acquired from Marion County an additional 5.83 acres which is currently a water retention area (WRA). The developer will be able to modify the WRA and incorporate the additional acreage into the PD. The land use change and rezoning appear on the August 15 City Council agenda for action.
• The developer proposes to increase the intensity of multi-family development due to the demands of the market and enhance the connection points to existing rights-of-way. The additional units, improved connectivity, increased building height, and additional property along NW 35th Street requires the PD plan to be amended. The proposed amendment increases the total for multi-family units from 832 to 1,980 and decreases the single-family residential units from 386 to 170. The commercial is also reduced to 12,500 sf from the original proposed 70,000sf. The PD amendment also addresses an increase in the height of buildings to 75 feet which promotes a greater density and compact design as envisioned by the special district.
• The Planning & Zoning Commission recommended approval of the proposed amendment at
the January 9, 2023, meeting. The amendment was not heard by City Council due to the
potential procedural deficiency with the original adoption of the PD rezoning and PD plan
approval.
• Resubmittal of the PD Plan amendment differed from the previous submittal in that a 22.3-acre property owned by Aurora Ocala, LLC, Parcel #21385-001-01, is not included. That property is currently under development as a 272-unit apartment complex known as Bel Canto.
• West Oak Developers, LLC, had included an amendment to delete from the Design Standards Book the requirement for single-family and duplex structures to “utilize a minimum of two different but complementary materials such as stucco and flagstone, plus trim, sill, or cap with stone sill or with wood trim. Hardie board panels and lap siding.” Staff objected to that amendment. The applicant has revised the standard to clarify consistency with the submitted precedent images rather than deletion of the requirement.
• The Planning & Zoning Commission recommended approval of the amendments to the PD Plan and Design Standards Book at the July 10, 2023, meeting with corrections outlined by staff.
FINDINGS AND CONCLUSIONS:
The amendments to the PD Plan and Design Standards Book are consistent with the Medium Intensity/Special District future land use designation and the Comprehensive Plan. Staff recommends approval.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
This Resolution will be reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with amendments
• Deny
• Table
RESOLUTION 2023-35
A RESOLUTION APPROVING AN AMENDMENT TO THE WEST OAK PLANNED DEVELOPMENT (PD) PLAN WITH ASSOCIATED PD STANDARDS FOR CERTAIN PROPERTY LOCATED SOUTH OF NW 35TH STREET, EAST OF NW 27TH AVENUE, NORTH OF NW 21ST STREET, AND WEST OF RAILROAD IN THE CITY OF OCALA, MARION COUNTY, FLORIDA.
WHEREAS, on February 2, 2021, City Council approved Ordinance No. 2021-23 rezoning certain property from GU, Governmental Use, to PD, Planned Development, for the West Oak Planned Development; and
WHEREAS, on February 2, 2021, City Council approved the West Oak Planned Development plan and Design Standards Book pursuant to Resolution No. 2021-11; and
WHEREAS, in early 2023, the City was informed of a potential procedural error in the adoption of Ordinance No. 2021-23; and
WHEREAS, on June 20, 2023, City Council affirmed the rezoning of West Oak property from GU, Governmental Use, to PD, Planned Development, by adopting Ordinance No. 2023-48; and
WHEREAS, on June 20, 2023, City Council affirmed approval of the West Oak Planned Development plan and Design Standards Book by approving Resolution No. 2023-30; and
WHEREAS, WEST OAK DEVELOPERS, LLC, the developer of the West Oak Planned Development, has acquired an additional 5.83 acres that it proposes to include in the planned development; and
WHEREAS, on August 15, 2023, City Council approved Ordinance No. 2023-54 amending the future land use designation on the 5.83 acres from Public to Medium Intensity/Special District; and
WHEREAS, on August 15, 2023, City Council approved Ordinance No. 2023-55 rezoning the 5.83 acres from GU, Governmental Use, to PD, Planned Development; and
WHERAS, on August 15, 2023, City Council will consider this resolution to amend the West Oak Planned Development plan to include the 5.83 acres; and
WHEREAS, WEST OAK DEVELOPERS, LLC, has petitioned the City to further amend the West Oak Planned Development plan to increase the total multi-family units from 832 to 1,980, decrease the single-family residential units from 386 to 170, reduce the commercial development from 70,000 square feet to 12,500 square feet.
WHEREAS, WEST OAK DEVELOPERS, LLC, has petitioned the City to amend the Design Standards Book to increase the height of buildings from 50 feet to 75 feet and clarify consistency with the submitted precedent images rather than deletion of the requirement; and
WHEREAS, on July 10, 2023, the Planning and Zoning Commission recommended approval of the WEST OAK DEVELOPERS, LLC, requests by a 4 to 0 vote;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session, as follows:
1. The City of Ocala does hereby approve the amendments to the West Oak Planned Development plan (Exhibit “A”) and PD standards book (Exhibit “B”).
2. The effective date for this resolution will be August 15, 2023.
3. The approved PD plan and associated PD standards book shall apply to the following described land located in Ocala, Marion County, Florida, to wit:
A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 1, S.00°22'41"W., 356.57 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CSX TRANSPORTATION RAILROAD (FORMERLY ATLANTIC COASTLINE RAILROAD AND BEING 120 FEET WIDE); THENCE DEPARTING SAID EAST BOUNDARY LINE, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S.18°53'16"E., 349.97 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF BLOCK J, OF HOME ACRES AS RECORDED IN PLAT BOOK “D”, PAGE 5, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, ALONG SAID SOUTHERLY BOUNDARY LINE, N.89°54'10"W., 115.55 FEET TO A POINT ON THE EAST BOUNDARY LINE OF THE NORTHWEST 1/4 OF SAID SECTION 1; THENCE DEPARTING SAID SOUTH BOUNDARY LINE, ALONG SAID EAST BOUNDARY LINE THE FOLLOWING FOUR (4) COURSES, 1.) S.00°22'59"W., 475.50 FEET; 2.) THENCE S.00°01'50"W., 112.48 FEET; 3.) THENCE S.00°44'27"W., 188.69 FEET; 4.) THENCE S.00°22'51"W., 1395.32 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 1; THENCE DEPARTING SAID EASTERLY BOUNDARY, ALONG THE EASTERLY BOUNDARY OF THE SOUTHWEST 1/4 OF SAID SECTION 1, S.00°25'08"W., 2613.00 FEET TO THE NORTH RIGHT OF WAY LINE OF N.W. 21ST STREET (HAVING A 50' RIGHT OF WAY); THENCE DEPARTING SAID EAST BOUNDARY LINE, ALONG SAID NORTH RIGHT WAY LINE, N.89°28'23"W., 1327.69 FEET TO THE WEST BOUNDARY LINE OF EAST 1/2 OF SAID SECTION 1; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, ALONG SAID WEST BOUNDARY LINE, N.00°28'33"E., 2289.05 FEET TO THE SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4, OF THE NORTHEAST 1/4, OF THE NORTHWEST 1/4, OF THE SOUTHWEST 1/4, OF SAID SECTION 1; THENCE DEPARTING SAID WEST BOUNDARY LINE, ALONG THE SOUTH AND WEST BOUNDARY LINE OF THE NORTHEAST 1/4, OF THE NORTHEAST 1/4, OF THE NORTHWEST 1/4, OF THE SOUTHWEST 1/4, OF SAID SECTION 1, THE FOLLOWING TWO (2) COURSES, 1.) N.89°12'32"W., 331.94 FEET; 2.) THENCE N.00°31'04"E., 330.57 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 1; THENCE DEPARTING SAID SOUTH AND WEST BOUNDARY LINE, ALONG SAID NORTH BOUNDARY LINE N.89°12'29"W., 331.33 FEET TO THE EAST BOUNDARY LINE OF THE NORTH 1/2, OF THE NORTHWEST 1/4, OF THE NORTHWEST 1/4, OF THE SOUTHWEST 1/4, OF SAID SECTION 1; THENCE DEPARTING SAID NORTH BOUNDARY LINE, ALONG THE EAST AND SOUTH BOUNDARY LINE OF THE NORTH 1/2, OF THE NORTHWEST 1/4, OF THE NORTHWEST 1/4, OF THE SOUTHWEST 1/4, OF SAID SECTION 1, THE FOLLOWING TWO (2) COURSES; 1.) THENCE S.00°30'06"W., 306.18 FEET; 2.) THENCE N.89°14'15"W., 632.65 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF N.W. 27TH AVENUE (HAVING A 60 FEET RIGHT OF WAY); THENCE DEPARTING SAID EAST AND SOUTH BOUNDARY LINE, ALONG SAID EAST RIGHT OF WAY LINE THE FOLLOWING THREE (3) COURSES: 1.) N.00°33'44"E., 306.31 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 1; 2.) THENCE N.00°29'24"E., 1325.79 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 1; 3.) THENCE N.00°33'55"E., 348.17 FEET TO THE SOUTHWEST CORNER OF PINE OAKS INDUSTRIAL PARK AS RECORDED IN PLAT BOOK 2, PAGE 123 OF THE PUBLICS RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, ALONG THE SOUTH AND EAST BOUNDARY LINE OF SAID PINE OAKS INDUSTRIAL PARK THE FOLLOWING THREE (3) COURSES: 1.) N 86°04'19"E., 10.78 FEET; 2. THENCE N.87°14'51"E., 1285.06 FEET; 3.) THENCE N.00°28'30"E., 774.61 FEET TO THE SOUTH BOUNDARY OF LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 5690, PAGE 909 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID SOUTH AND EAST BOUNDARY LINE, ALONG THE SOUTH AND EAST BOUNDARY LINE OF LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 5690, PAGE 909 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, THE FOLLOWING FOUR (4) COURSES: 1.) S.89°42'04"E., 316.29 FEET; 2.) THENCE N.00°29'29"E., 42.21 FEET; 3.) THENCE S.87°15'49"E., 735.74 FEET; 4.) THENCE N.00°03'42"W., 248.59 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF N.W. 35TH STREET (HAVING A 120 FOOT RIGHT OF WAY PER ROAD BOOK 2, PAGE 1 OF THE PUBLIC RECORDS OF MARION COUNTY FLORIDA); THENCE DEPARTING SAID SOUTH AND EAST BOUNDARY LINE, ALONG SAID SOUTH RIGHT OF WAY LINE S.89°43'19"E., 168.79 FEET TO THE AFOREMENTIONED WESTERLY RIGHT OF WAY LINE OF CSX TRANSPORTATION RAILROAD; THENCE DEPARTING SAID SOUTH RIGHT OF WAY LINE, ALONG THE AFOREMENTIONED WESTERLY RIGHT-OF-WAY LINE OF CSX TRANSPORTATION RAILROAD, S.18°52'46"E., 314.71 FEET TO THE POINT OF BEGINNING; SAID LANDS CONTAINING 216.75 ACRES, MORE OR LESS.
AND
(PER OFFICIAL RECORDS BOOK 7949, PAGE 1455)
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. CONTAINING 254,139 SQUARE FEET MORE OR LESS.
LESS AND EXCEPT: (South Apartments Phase 1 - Parcel No: 21385-001-01)
A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 1;THENCE ALONG THE EAST BOUNDARY OF THE NORTHWEST 1/4 OF SAID SECTION 1, S.00°22'41”W., 356.57 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CSX TRANSPORTATION RAILROAD (FORMERLY ATLANTIC COASTLINE RAILROAD AND BEING 120 FEET WIDE); THENCE DEPARTING SAID EAST BOUNDARY LINE, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S.18°53'16"E., 349.97 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF BLOCK J, OF HOME ACRES AS RECORDED IN PLAT BOOK "D", PAGE 5, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, ALONG SAID SOUTHERLY BOUNDARY LINE, N.89°54'10"W., 115.55 FEET TO A POINT ON THE EAST BOUNDARY LINE OF THE NORTHWEST 1/4 OF SAID SECTION 1; THENCE DEPARTING SAID SOUTH BOUNDARY LINE, ALONG SAID EAST BOUNDARY LINE THE FOLLOWING FIVE (5) COURSES, 1.) S.00°22'59"W., 475.50 FEET; 2.) THENCE S.00°01'50"W., 112.48 FEET; 3.) THENCE S.00°44'27"W., 188.69 FEET; 4.) THENCE S.00°22'51"W., 1395.32 FEET; 5.) THENCE S.00°25'08"W., 2613.00 FEET TO THE NORTH RIGHT OF WAY LINE OF N.W. 21ST STREET AVENUE (HAVING A 50' RIGHT OF WAY); THENCE DEPARTING SAID EAST BOUNDARY LINE, ALONG SAID NORTH RIGHT WAY LINE THE FOLLOWING TWO (2) COURSES, (1.) N.89°28'23"W., 80.00 FEET TO THE POINT OF BEGINNING; (2.) THENCE N.89°28'23"W., 1247.69 FEET TO THE WEST BOUNDARY LINE OF EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 1; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, ALONG SAID WEST BOUNDARY LINE, N.00°28'33"E., 783.50 FEET; THENCE DEPARTING SAID WEST BOUNDARY LINE, S.89°28'23"E., 1246.92 FEET TO THE WESTERLY RIGHT OF WAY LINE OF A PROPOSED 80' RIGHT OF WAY; THENCE ALONG SAID PROPOSED WESTERLY RIGHT OF WAY LINE, S.00°25'08"W., 783.50 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 22.43 ACRES, MORE OR LESS.
AND
LESS AND EXCEPT: (A Portion of City of Ocala Parcel 21448-000-01)
A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 1, THENCE ALONG THE EAST BOUNDARY OF THE NORTHWEST 1/4 OF SAID SECTION 1, S.00°22'41"W., 356.57 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CSX TRANSPORTATION RAILROAD (FORMERLY ATLANTIC COASTLINE RAILROAD AND BEING 120 FEET WIDE); THENCE DEPARTING SAID EAST BOUNDARY LINE, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S.18°53'16"E., 349.97 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF BLOCK J, OF HOME ACRES AS RECORDED IN PLAT BOOK “D”, PAGE 5, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, ALONG SAID SOUTHERLY BOUNDARY LINE, N.89°54'10"W., 115.55 FEET TO A POINT ON AFOREMENTIONED EAST BOUNDARY LINE OF THE NORTHWEST 1/4 OF SAID SECTION 1; THENCE DEPARTING SAID SOUTH BOUNDARY LINE, ALONG SAID EAST BOUNDARY LINE THE FOLLOWING FOUR (4) COURSES, 1.) S.00°22'59"W., 475.50 FEET; 2.) THENCE S.00°01'50"W., 112.48 FEET; 3.) THENCE S.00°44'27"W., 188.69 FEET; 4.) THENCE S.00°22'51"W., 1395.32 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 1; THENCE DEPARTING SAID EASTERLY BOUNDARY, ALONG THE EASTERLY BOUNDARY OF THE SOUTHWEST 1/4 OF SAID SECTION 1, S.00°25'08"W., 524.14 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE ALONG SAID EAST BOUNDARY, S.00°25'08"W., 907.98 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 840.00 FEET, A CENTRAL ANGLE OF 17°34'55", AND A CHORD BEARING AND DISTANCE OF N.08°22'19"W., 256.75 FEET; THENCE DEPARTING SAID EASTERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 257.76 FEET TO A POINT OF TANGENCY; THENCE N.17°09'47"W., 81.89 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 960.00 FEET, A CENTRAL ANGLE OF 17°09'47", AND A CHORD BEARING AND DISTANCE OF N.08°34'53"W., 286.49 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 287.57 FEET TO A POINT OF TANGENCY; THENCE N.00°00'00"E., 115.69 FEET; THENCE N.25°58'29"E., 154.80 FEET; THENCE N.18°43'29"E., 39.89 FEET; THENCE S.89°34'52"E., 30.34 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 1.34 ACRES, MORE OR LESS.
4. A certified copy of the Resolution shall be recorded by the Clerk of the City of Ocala in the public records of Marion County, Florida.
This resolution adopted this ______ day of ______________________, 2023.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs James P. Hilty Sr.
City Clerk President, Ocala City Council
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney