Submitted By: Kristina Wright
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Presentation By: Aubrey Hale
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Resolution 2025-7 for a PD Plan and Standards Book for property located at 3635 and 3521 SW 42nd Street (Parcels 23901-000-00 and 23900-000-00), approximately 11.62 acres (Case PD24-45730) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
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 flexibility of design 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 Book meets the minimum standards of a PD submittal. However, this proposal is conceptual in nature and lacks detail that will ensure that all necessary elements in development of the final PD are addressed. The PD Plan and the Standards Book must be amended and approved prior final approval of this PD. The applicant has proposed a Statement of Intent to the PD plan ensuring the intent of the Planned Development will be maintained as a part of this approval.
Planning & Zoning Commission:
In response to concerns raised by the commission regarding the flood zone mitigation, the applicant has indicated that the Planned Development will be resubmitted for amendment to the Planning and Zoning Commission and City Council. A revised PD Plan and the Standards Book will be resubmitted prior to final approval.
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 detail within 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: This resolution will be reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
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RESOLUTION 2025-7
A RESOLUTION APPROVING A PLANNED DEVELOPMENT (PD) PLAN AND ASSOCIATED PD STANDARDS BOOK (SW 42nd STREET PD) FOR PROPERTY LOCATED AT 3635 AND 3521 SW 42ND STREET, OCALA, MARION COUNTY, FLORIDA (CASE NO. PD24-45730).
Whereas, Ocala 42nd Street, Ltd. submits a PD plan (Case PD24-45730) for property located at 3635 and 3521 SW 42nd Street, approximately 11.62 acres to allow for the future development of commercial and multi-family development and extended buffers along the boundaries of the site; and
Whereas, as an associated Ordinance 2025-9 amends the zoning map of the City of Ocala changing parcel 23901-000-00 and 23900-000-00 from B-2, Community Business and No Zoning, to PD, Planned Development; and
Whereas, on October 21, 2024, the Planning and Zoning Commission recommended approval of the applicant’s request by a 4-0 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 SW 42nd Street PD plan (Exhibit “A”) and PD standards book (Exhibit “B”).
2. The effective date for this resolution will be November 19th, 2024.
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:
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.
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 19th day of November, 2024.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Barry Mansfield
City Clerk President, Ocala City Council
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney