Submitted By: Tye Chighizola
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2023-59 amending the Code of Ordinances Subsection 122-244(b) (District Criteria Chart) concerning the zoning districts allowed under the future land use classifications (Case COD23-45170)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND: Staff proposes an ordinance updating Subsection 122-244(b) (District criteria chart) concerning what zoning districts are consistent with future land use classifications. When staff updated the comprehensive plan in 2013, the new Medium Intensity/Special District land use classification required an applicant to follow a form-based code. In 2013, there were no form-based code requirements in the code of ordinances. The Downtown Form-Based Code District was adopted consistent with the High-Intensity Land Use Classification in 2018. The reference to the form-based code needed to be clearer concerning what standards will apply in the Medium Intensity/Special District land use classification.
In April, the Planning and Zoning Commission approved a text amendment concerning the definition/criteria for the Medium Intensity/Special District land use classification. City Council adopted the text amendment on June 20, 2023.
Based on the adopted comprehensive plan policy, the proposed ordinance will identify how to regulate zoning under the Medium Intensity/Special District land use classification. The revised language requires the following: New development on vacant parcels on five acres or more shall be regulated by a Form-Based Code (FBC) Zoning District, a Planned Development (PD) district, or a Chapter 163 Development Agreement. Existing development, public uses, or vacant parcels less than five acres in the Medium Intensity/Special District land use classification shall be regulated by their existing zoning district.
The proposed ordinance also updates the zoning districts allowed under the High Intensity/Central Core to address a previous version that incorrectly eliminated the B-4 zoning district. The Planning and Zoning Commission recommended approval of the ordinance by a vote of five to zero on August 14, 2023.
FINDINGS/CONCLUSIONS: The proposed ordinance is consistent with the Comprehensive Plan and corrects errors from previous amendments. The proposed language will allow flexibility concerning the zoning and standards needed to implement new development but still require standards beyond traditional zoning. 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 2023-59
AN ORDINANCE OF THE CITY OF OCALA, FLORIDA, CONCERNING ZONING; AMENDING SUBSECTION 122-244(b) (DISTRICT CRITERIA) BY UPDATING THE CHART CONCERNING THE ZONING DISTRICTS ALLOWED IN EACH FUTURE LAND USE CLASSIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Ocala, Florida as follows:
Section 1. That Subsection 122-244(b) of the Code of Ordinances, City of Ocala, Florida, is hereby amended to read as follows:
Sec. 122-244. District criteria.
(b) All zoning districts must be consistent with the adopted comprehensive plan, which includes land use classifications. The following chart illustrates zoning districts allowed under each land use classification in the adopted comprehensive plan. The land use classifications are listed on the horizontal axis and the permissible zoning districts are listed below:
ZONING DISTRICTS ALLOWED UNDER EACH LAND USE CLASSIFICATION
|
High Intensity/Central Core |
Medium Intensity/Special District |
Low Intensity |
Neighborhood |
Employment Center |
Public |
|
R-1* |
R-1** |
R-1 |
R-1 |
|
|
|
R-1A* |
R-1A** |
R-1A |
R-1A |
|
|
|
R-1AA* |
R-1AA** |
R-1AA |
R-1AA |
|
|
|
R-2* |
R-2** |
R-2 |
R-2 |
|
|
|
R-3* |
R-3** |
R-3 |
R-3 |
|
|
|
RZL* |
RZL** |
RZL |
RZL |
|
|
|
RBH-1* |
|
RBH-1 |
RBH-1 |
|
|
|
RBH-2* |
|
RBH-2 |
RBH-2 |
|
|
|
RBH-3* |
|
RBH-3 |
RBH-3 |
|
|
|
OH* |
|
OH |
OH |
|
|
|
RO* |
RO** |
RO |
RO |
|
|
|
O-1* |
O-1** |
O-1 |
|
O-1***** |
|
|
OP* |
OP** |
OP |
|
OP***** |
|
|
B-1* |
B-1** |
B-1 |
B-1 |
B-1***** |
|
|
B-1A* |
B-1A** |
B-1A |
B-1A |
B-1A***** |
|
|
B-2* |
B-2** |
B-2 |
|
B-2***** |
|
|
B-2A* |
B-2A** |
B-2A |
|
B-2A***** |
|
|
B-3C* |
|
|
|
|
|
|
B-4* |
B-4** |
B-4 |
|
B-4***** |
|
|
|
|
B-5**** |
|
B-5***** |
|
|
SC* |
SC** |
SC |
|
SC |
|
|
|
M-1** |
M-1 |
|
M-1 |
|
|
|
M-2** |
M-2 |
|
M-2 |
|
|
|
|
|
|
M-3 |
|
|
G-U* |
G-U** |
G-U |
G-U |
G-U |
G-U |
|
INST* |
INST** |
INST |
INST |
INST |
|
|
|
A-1*** |
A-1*** |
A-1 *** |
A-1*** |
|
|
PD* |
PD** |
PD |
PD |
PD |
|
|
FBC* |
FBC** |
FBC |
FBC |
FBC |
FBC |
* All zoning districts shall be consistent with the High Intensity/Central Core Future Land Use Classification.
** New development on vacant parcels on 5 acres or more shall be regulated by a Form-Based Code (FBC) Zoning District, a Planned Development (PD) district, or a Chapter 163 Development Agreement. Existing development, public uses, or vacant parcels less than 5 acres in the Medium Intensity/Special District land use classification shall be regulated by their existing zoning district.
*** As of June 1, 2014, a rezoning application for A-1 must be associated with an annexation case where a portion of the annexed property is already zoned A-1 in the county.
**** B-5 zoning shall be consistent with the low-intensity future land use classification for parcels located within the North Magnolia CRA Subarea boundary.
***** Residential units are only allowed as part of a Planned Development (PD) zoning district.
Section 2. 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 this ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. This ordinance shall take effect upon approval by the mayor, or upon becoming law without such approval.
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: 2023-59
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.