Submitted By: Kristina Wright
presenter
Presentation By: Aubrey Hale
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2025-9 to rezone approximately 11.62 acres for property located at 3635 and 3521 SW 42nd Street (Parcels 23901-000-00 and 23900-000-00) from Community Business (B-2) and No Zoning to Planned Development (PD) (Case PD24-45730) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: Ocala 42nd Street, Ltd.
• Property Owner: Ocala 42nd Street, Ltd. & Williams Family Irrevocable Trust
• Agent: Fred N. Roberts, Jr., Esq, Klein & Klein, LLC
Key Points:
The petitioner is requesting to rezone the subject property from B-2, Community Business and No Zoning, to PD, Planned Development, to allow for future commercial and multi-family development.
Zoning and Land Use Details:
The underlying intent for this rezoning request per Section 122-940 is to provide a process for the evaluation of unique, individually planned developments, which may not be otherwise permitted in zoning districts. Standards and procedures of the PD district are intended to promote design flexibility and permit planned diversification and integration of uses and structures.
The underlying Low Intensity Future Land Use classification encourages mixed-use development, although single-use is also permitted. The intent is to promote a walkable urban form.
The proposed PD Plan and Standards lack details, raising questions regarding whether the petition provides a true planned development in the spirit of the Planned Development Zoning District. As a result of this concern, the applicant has proposed a Statement of Intent to the PD plan ensuring the intent of the Planned Development will be maintained.
Planning & Zoning Commission:
In response to concerns raised by the commission regarding the flood zone mitigation, the applicant emphasized that the Planned Development would have to be brought back to the commission and City Council for an amendment. The applicant clarified that further details will be made through subsequent revisions to the PD plan.
The Planning & Zoning Commission voted 4-0 to recommend approval to City Council.
FINDINGS AND CONCLUSIONS:
• The proposed rezoning is consistent with the Low Intensity Future Land Use classification.
• The proposed PD, Planned Development zoning district allows for a customization of uses and development to create a unique development that economizes the use of land and resources to advance the quality of development that may otherwise be stifled by conventional zoning.
• The applicant has provided a technically compliant PD Plan and Standards. However, the PD lacks details regarding the submitted PD Plan and Standards Book. Through discussions with staff on this concern, the applicant has provided the following statement of intent within the PD Standards Book:
Statement of Intent Regarding Building Orientation and Notice Regarding Major Changes to PD Plans: All buildings shall be oriented towards the interior of the subject property or towards Southwest 42nd Street. As the precise orientation or location of any buildings is not included, the final locations or orientation shall be deemed to constitute a “substantial change” requiring such final plans to be reheard before the planning and zoning commission and City Council after due public notice pursuant to Section 122-946(a) of the Code of Ordinances of the City of Ocala.
As such, the applicant acknowledges that future development will be deemed a substantial change, which will require additional public hearings.
• Staff is recommending approval as subsequent development will require further amendment to the PD through additional public hearings and approval by the Planning & Zoning Commission and City Council.
• Adequate public facilities must be verified prior to development.
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 2025-9
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-2, COMMUNITY BUSINESS AND NO ZONING TO PD, PLANNED DEVELOPMENT FOR CERTAIN PROPERTY LOCATED AT 3635 AND 3521 SW 42ND STREET (PARCEL NUMBERS 23901-000-00 AND 23900-000-00), APPROXIMATELY 11.62 ACRES (CASE NO. ZON24-45730); 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 lands described below are hereby rezoned and reclassified according to the zoning regulation of the City of Ocala, Florida, as B-2, Community Business and No Zoning:
PARCEL 23900-000-00
A parcel of land situate in Section 35, Township 15 South, Range 21 East Marion County, Florida, described as follows; BEGINNING at a point on the East boundary of the NW 1/4 of the NW 1/4 of Section 35, Township 15 South, Range 21 East, North 0 degrees 34 minutes 35 seconds East, 25 feet, from the Southeast corner of said NW 1/4 of the NW 1/4, said point being on the North right-of-way line of a 50 foot road; thence North 89 degrees 29 minutes 30 seconds West along said North right-of-way line, 330 feet; thence North 0 degrees 34 minutes 35 seconds East, 660 feet; thence South 89 degrees 29 minutes 30 seconds East, 330 feet, to the East boundary of said NW 1/4 of the NW 1/4; thence South 0 degrees 34 minutes 35 seconds West along said East boundary, 660 feet, to the Point of Beginning.
LESS AND EXCEPT any portion thereof conveyed by Right of Way Deed recorded in Official Record Book 374, Page 401, of the Public Records of Marion County, Florida.
PARCEL 23901-000-00
Those lands lying and being situate in Marion County, Florida, and more particularly described as follows:
For a point of reference, commence at the Northeast corner of the South ½ of the Northeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 35, Township 15 South, Range 21 East, Marion County, Florida; run thence North 89 degrees 46’ 51” West along the North line of said South ½ a distance of 330.13 feet to the West Line of the East 330 feet of said South ½ of the Northeast ¼ of the Northwest ¼ of the Northwest ¼; run thence South 00 degrees 11’ 30” West along said West line of the East 330 feet as occupied, a distance of 287.34 feet to the North line of the South 44 feet of said South ½, and the point of beginning, said point being a 4x4 concrete monument (cm) marked “PLS 3137”; run thence South 00 degrees 09’ 45” West along said West Line as occupied a distance of 21.52 feet to a 4x4 CM marked “Marion Engineering Co.”, run thence South 00 degrees 14’ 11” West along said West line as occupied a distance of 654.95 feet to a line 30 feet North of as measured perpendicular to the South line of the aforesaid Northeast ¼ of the Northwest ¼ of the Northwest ¼, said line being the North right-of-way line of the Southwest 42nd Street, as per O.R. Book 1155, Page 28 of the Public Records of Marion County, Florida. Run Thence North 89 degrees 46’ 50” West along said right-of-way line a distance of 425.80 feet to the Easterly limited access right-of-way line of interstate highway No. 75; run Thence North 00 degrees 19’ 17” East along said limited access right-of-way line a distance of 676.50 feet to the aforesaid North line of the South 44 feet of the South ½ of the Northeast ¼ of the Northwest ¼ of the Northwest ¼; run thence South 89 degrees 46’ 36” East along said North line a distance of 424.77 feet to the point of beginning.
All being and lying in the Northwest ¼ of Section 35, Township 15 South, Range 21 East, 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 from B-2, Community Business and No Zoning 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 __________________, 2024.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2025-XX
Introduced: Click or tap to enter a date.
Adopted: Click or tap to enter a date.
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