Submitted By: Emily W. Johnson
presenter
Presentation By: Endira Madraveren, AICP
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Public Hearing to rezone approximately 16.43 acres for property located approximately 40 feet north of the intersection of NE 28th Street and NE 23rd Avenue (Parcel 24278-000-01) from RO, Residential Office, R-1, Single-Family Residential, and R-2, Two-Family Residential, to PD, Planned Development (Case PD24-45765) (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: HTM Developers LLC
• Property Owner: Emerson Pointe Development LLC
• Agent: David Tillman, Tillman & Associates Engineering, LLC
Key Points:
The petitioner has submitted the request to allow for development of a single-family residential subdivision. The subject property is currently vacant and undeveloped and lies at the northernmost boundary of the City limits along NE 28th Street. The surrounding area is residential in nature, and primarily developed with single-family residences as the urban environment transitions into the more rural areas of Marion County.
This proposed PD constitutes the third phase of the unified development named Emerson Pointe. Phases I and II (located in Marion County) have received PUD approvals from Marion County for 251 units, while Phase III (located within the City of Ocala) is seeking approval of an additional 72 units through this PD approval request. The petitioner is striving to establish a community unified through design, interconnectivity, and consistent development standards. As Marion County and the City of Ocala have differing development standards, this PD request includes requested variations to code standards to accommodate a unified development. Additionally, the petitioner is requesting that the City consider all three phases of the development collectively for requirements such as open space and provisions for amenities (all located in Phases I and II Marion County).
PD Plan and Standards Book Details:
The associated PD Plan depicts a maximum of 72 lots, constituting an overall density of 4.38 dwelling units per acre on the 16.43-acre site. The PD Plan proposes 47.29% open space. In lieu of providing aggregate open space for Phase 3, the petitioner has identified that the development will have connectivity to the existing Phases 1 and 2, which feature a clubhouse with a pool, playground equipment, and two dog parks. In the PD Standards Book, the petitioner notes that the amenities provided in Phases 1 and 2 are adequately sized to accommodate the residents of all three phases.
FINDINGS AND CONCLUSIONS:
• The proposed rezoning is consistent with the existing Neighborhood Future Land Use classification pursuant to Code of Ordinances Section 122-244.
• The PD Plan is consistent with the minimum standards for a PD District (Section 122-942), with exception of the minimum aggregate open space requirement, which is provided by phases 1 and 2 currently located within Marion County.
• The applicant is requesting a variation to the following standards:
o Requested variation to the block length standard requirement for subdivisions. The PD Standards Book proposes that the minimum block length be reduced to 198-feet, and the maximum block length be extended to 776-feet.
o Requested variation to the sidewalk construction requirement for subdivisions. The PD Plan and Standards Book propose construction of sidewalks on one side of internal roads. The PD Standards Book identifies sidewalks will be constructed along NE 28th Street.
o Requested variation to the aggregate open space requirement of 10 percent of the total gross open space. The PD Plan and Standards Book identifies that there will be sufficient amenities provided in Phases 1 and 2 to serve the residents of all three phases.
• The proposed rezoning is compatible with the surrounding development, the Comprehensive Plan, and the City’s Code of Ordinances.
• Adequate public facilities exist to service the proposed development.
Staff recommends approval with the following conditions:
1. Attached garages shall be required for all single-family residences.
2. The phases 1 & 2 aggregate open space/improved open space (IOS)/ amenities area shall remain accessible to the entire development in perpetuity.
3. Any reductions to the amenity area or amenities provided must be reviewed and approved by the City of Ocala.
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
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Aerial Map
ORDINANCE 2025-XX
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM RO, RESIDENTIAL OFFICE, R-1, SINGLE-FAMILY RESIDENTIAL, AND R-2, TWO-FAMILY RESIDENTIAL, TO PD, PLANNED DEVELOPMENT, FOR THE PROPERTY LOCATED APPROXIMATELY 40 FEET NORTH OF THE INTERSECTION OF NE 28TH STREET AND NE 23RD AVENUE (PARCEL 24278-000-01), APPROXIMATELY 16.43 ACRES (CASE NO. PD24-45765); 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 following described lands are hereby rezoned and reclassified according to the zoning regulation of the City of Ocala, Florida, as PD, Planned Development:
THE WEST ½ OF THE SE ¼ OF THE NE ¼ OF SECTION 4, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FL.
LESS THE SOUTH 40.00 FEET FOR RIGHT OF WAY
AND LESS THE NORTH 250.00 FEET OF THE SOUTH 290.00 FEET OF THE WEST 150.00 FEET FOR WATER RETENTION POND
AND LESS THE NORTHERLY 50.00 FEET OF THE WEST ½ OF THE SE ¼ OF THE NE ¼ TAKEN FOR TRANSMISSION SYSTEM.
ALSO BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE NW CORNER OF THE W ½ OF THE SE ¼ OF THE NE ¼ OF SECTION 4, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA; THENCE S.89 DEGREES 33’09”., ALONG THE NORTH BOUNDARY OF SAID SE ¼ DISTANCE OF 611.60 FEET; THENCE S.00 DEGREES 05’51” W., 1280.79 FEET TO THE NORTH RIGHT OF WAYLINE OF NE 28TH STREET (80’ FEET WIDE); THENCE N.89 DEGREES 20’31”W., ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 463.82 FEET; THENCE N.00 DEGREES 10’49”E., 250.00 FEET; THENCE N.89 DEGREES 26’55”W., 150.00 FEET TO A POINT ON THE WEST BOUNDARY LINE OF SAID W. ½ OF THE SE ¼ OF THE NE ¼; THENCE N.00 DEGREES 11’ 56” E., ALONG SAID WEST BOUNDARY A DISTANCE OF 1028.83 FEET TO THE POINT OF BEGINNING.
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 RO, Residential Office, R-1, Single-Family Residential, and R-2, Two-Family Residential, 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.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Kristen M. Dreyer
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2025.
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.
Legal Ad No: Click or tap here to enter text.