Submitted By: Breah Miller
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Presentation By: Breah Miller
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Department: Growth Management
FORMAL TITLE:
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Public Hearing for Ordinance 2025-XX requesting to change the Future Land Use designation from Neighborhood to Medium Intensity/ Special District for property located at the southeast corner of the intersection at NW 21st Street and NW 27th Avenue (Parcel 22437-000-00); approximately 2.55 acres
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: Juan Manuel Vasquez
• Property Owner: Serenity Holistic Residential Care. LLC
The 2.55-acre undeveloped and wooded property is located in a predominantly single-family residential area with homes dating back to the 1940s. Originally designated for Low Density Residential use, the property’s Future Land Use (FLU) was changed to Neighborhood in 2013 as part of citywide amendments aligned with the Ocala 2035 Vision. These amendments also reclassified surrounding properties to support neighborhood-oriented and mixed-use development.
The property, annexed into the City in 1975, falls within the West Ocala Vision & Community Plan area, which promotes infill development, preservation, and neighborhood compatibility.
The applicant first proposed rezoning from R-1 to R-3 to allow for 12 units per acre or 30 multi-family units for the subject property. City staff recommended a Planned Development (PD) approach due to surrounding single-family homes and compatibility concerns. The applicant chose to submit this application for a future land use amendment to the Medium Intensity/Special District, to provide an increase in density. The request (if approved) would result in the potential increase to 30 dwelling units per acre, or 76 units for the subject property an increase of 46 residential units for the property.
FINDINGS AND CONCLUSIONS:
• The proposed land use amendment is inconsistent maximum historic future land use densities for the subject property and those surrounding properties to the south of NW 21st Street and east of NW 27th avenue.
1. City records indicate the maximum densities provided include a maximum density of 8 dwelling units per acre under the previous Low Density Residential category and the current the Neighborhood land use category provides for a maximum of 5 single family or 12 multi-family dwelling units per acre. Comparatively, the proposed Medium Intensity/Special District future land use provides for minimum of 5 dwelling units per acre and a maximum of 30 dwelling units per acre.
• The proposed future land use amendment is incompatible with the existing surrounding development.
1. The proposed amendment would increase the maximum density of the subject property from 12 multi-family dwelling units per acre to 30 dwelling units per acre, an increase in 46 additional units for the property, significantly impacting the character of the existing neighborhood.
2. Staff conducted an analysis of properties within a ½ mile radius the subject property and found that the 375 nearby residentially developed properties have an average density of 4.03 units per acre, consistent with the current Neighborhood Future Land Use category (maximum of 5 single family or 12 multi-family dwelling units). The difference between current developed residential density (4.03 units per acre) and (potential 30 dwelling units per acre) is significant.
3. The requested Medium Intensity/Special District future land use change is not compatible with the existing development pattern of the surrounding area, Ocala 2035 Vision, City of Ocala Comprehensive Plan, or the West Ocala Vision & Community Plan.
• The proposed amendment is inconsistent with the Comprehensive Plan, Objective 8, Policies 8.1-8.11.
1. This Objective and subsequent Policies 8.1 - 8.11 identify specific areas appropriate for the Medium Intensity/Specialty District. The intersection of NW 21st Street and NW 27th Avenue is not identified in this list.
• The proposed amendment is inconsistent with the Comprehensive Plan, Objective 8, Policy 8.12.
1. A community planning process has not been conducted to allow for the expansion or designation of additional properties with the Medium Intensity/Specialty District.
Staff recommends Denial.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
This Ordinance will be reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with Changes
• Table
• Deny
ORDINANCE 2025-XX
AN ORDINANCE AMENDING THE CITY OF OCALA, FLORIDA, COMPREHENSIVE PLAN FUTURE LAND USE MAP SERIES AS REQUIRED IN SECTION 163.3161 THROUGH AND INCLUDING SECTION 163.3248, FLORIDA STATUTES; DETAILING THE FUTURE LAND USE CHANGE (CASE NO. LUC25-0003); AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM NEIGHBORHOOD TO MEDIUM INTENSITY/SPECIAL DISTRICT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION AT NW 21ST STREET AND NW 27TH AVENUE (PARCELS 22437-000-00), APPROXIMATELY 2.55 ACRES; PROVIDING DIRECTION TO STAFF; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATION AT A PUBLIC HEARING; PROVIDING DIRECTION TO THE CODIFIER; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida adopted the Local Government Comprehensive Planning and Land Development Regulation Act of 1985, as contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, which required the City of Ocala, Florida, to prepare and adopt a comprehensive plan in accord with the requirements of the said act; and
WHEREAS, the City of Ocala has prepared a comprehensive plan which meets the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act of 1985; and
WHEREAS, the City of Ocala on October 22, 1991, adopted this plan including a Future Land Use Element consisting of a land use map series; and
WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides for the amendment of an adopted plan or element or portion thereof; and
WHEREAS, on October 19, 2010, City Council adopted the Ocala 2035 Vision; and
WHEREAS, one of the strategies of the Ocala 2035 Vision was to initiate Comprehensive Plan Amendments (adopted on January 22, 2013) to be consistent with the Ocala 2035 Vision.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF OCALA, FLORIDA, in regular session, as follows:
Section 1. The City of Ocala Comprehensive Plan, Future Land Use Element and Map Series is hereby amended as required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida. The lands described below are hereby reclassified according to the City of Ocala Comprehensive Plan, Future Land Use Element as Medium Intensity/ Special District and the attached land use map is incorporated by reference into this ordinance:
LEGAL DESCRIPTION:
SEC 12 TWP 15 RGE 21
COM AT THE NW COR OF NW 1/4 OF NW 1/4 TH S 440.85 FT TH E
297.9 FT TH N 143.35 FT TH E 1022.5 FT TH N 297.5 FT TH W 1320 FT TO THE POB
EXC E 1025.5 FT OF N 297.5 FT THEREOF
EXC COM 1025.5 FT W OF NE COR OF NW 1/4 OF NW 1/4 TH W 86 FT TH S 100 FT TH E
86 FT TH N 100 FT TO THE POB
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 Future Land Use Map of the City of Ocala is hereby amended to reflect the change in land use from Neighborhood to Medium Intensity/Special District 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 approval by the mayor, or upon becoming law without such approval.
Section 8. The effective date of this small-scale development amendment shall be 31 days after adoption, unless the amendment is challenged pursuant to Section 163.3187(5), F.S. If challenged, the effective date of the amendment shall be the date a final order is issued by the state land planning agency, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency, 107 East Madison Street, MSC 160, Tallahassee, Florida 32399-6545.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Kristen 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: 2/4/2025
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.