Submitted By: Patricia Z. Hitchcock
presenter
Presentation By: Patricia Hitchcock
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2023-55 to rezone from GU, Governmental Use, to PD, Planned Development, property located on the south side of NW 35th Street in the 2100-2400 block (currently a water retention area), approximately 5.83 acres (Case No. PD23-45234) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
Star Banner - August 4, 2023 - LSAR00152750
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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 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, has included an additional 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.” 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 proposed rezoning and PD Plan amendment at the July 10, 2023, meeting with corrections outlined by staff. The PD Plan and Design Standards Book amendments will be heard by City Council at a public hearing on August 15, 2023.
FINDINGS AND CONCLUSIONS:
The requested zoning designation of PD, Planned Development, is 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: The ordinance is pending review by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2023-55
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM GU, GOVERNMENTAL USE, TO PD, PLANNED DEVELOPMENT, FOR CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF NW 35TH STREET IN THE 2100-2400 BLOCK, OCALA, FLORIDA (CASE NO. PD23-45234); 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 regulations of the City of Ocala, Florida, as PD, Planned Development:
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, APPROXIMATELY 5.83 ACRES.
(AKA: Parcels 21385+000-00 and 21385-000-01)
Section 2. The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from GU, Governmental Use, 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 become effective upon the later of:
(a). Approval by the mayor, or upon becoming law without such approval; or
(b). The effective date of Ordinance No. 2023-54 (Ref: Land Use Case LUC23-45236) and Resolution No. 2023-35 (Ref: PD Plan & Design Standards Book Amendment PD23-45234).
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: 2023-55
Introduced: 8/1/2023
Adopted: Click or tap to enter a date.
Legal Ad No: Star Banner - August 4, 2023 - LSAR00152750