Submitted By: Emily Johnson
presenter
Presentation By: Jeff Shrum
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Public Hearing to transmit to the Florida Department of Commerce a text amendment to the Future Land Use Element of the Comprehensive Plan by deleting Policy 18.13 and Policy 18.24 relating to development conditions that apply to 75.93 acres of two parcels of land that total approximately 251.09 (Parcels 2380-000-001 and 23812-001-00) located in the 3000 and 4000 to 4300 blocks of SW 43rd Court (Case FLUP25-0001)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
body
BACKGROUND:
• Applicant/Property Owner: KAS Ocala LLC
• Agent: Fred Roberts, Klein & Klein PLLC
Key Points:
The applicant is requesting to amend the Future Land Use Element of the Comprehensive Plan by deleting Policies 18.13 and 18.24, which pertain to development conditions on a portion (75.93 acres) of the subject properties, which comprise 251.09 acres in total.
The applicant is requesting to delete the two Policies to allow for the two parcels in their entirety (comprising approximately 251.09 acres) to be developed as a mixed-use Planned Development (PD) consistent with the underlying Medium Intensity/Special District future land use category. The proposed amendment is required to be submitted to the Florida Department of Commerce (Florida Commerce) for an expedited state review in accordance with F.S. 163.3184(3). The Florida Commerce review process requires review by state agencies before final consideration by the local government. This text amendment is one of several other amendments that the applicant has put forth:
• Planned Development (PD) Rezoning
• PD Plan and Standards Book
• Development Agreement
The applicant is requesting the text amendment in advance of the other amendments to ensure all project applications are heard and considered together at one final hearing. This will provide City Council with the opportunity to review and consider the impact/difference between the proposed development plan and Standards Book (proposed development) and the comprehensive plan text amendment (existing comprehensive plan policy requirements) prior to final action. The policies proposed to be deleted are as follows:
Policy 18.13 imposes the following development conditions on a 50.42-acre portion of the 76.86-acre parcel, PID 2380-000-001
1. The Amendment changes the approved future land uses on the Amendment Parcel from Professional Services to Retail Services. Development intensities on the Amendment Parcel will be limited so that the projected number of peak hour trips generated from the Amendment Parcel must be less than the projected number of peak hour trips that would have been generated by development of the Amendment Parcel under the Professional Services.
2. Total development of the Amendment Parcel shall not exceed development threshold limitations, which would require approval of the development as a Development of Regional Impact unless a Development of Regional Impact Development Order is applied for and approved.
3. At the time of development, the property owner/developer must submit a development plan consistent with the City’s Land Development Regulations (Code) regarding buffers, landscaping, site design, land uses, architectural characteristics, and other requirements specified in the Land Development Regulations (Code).
4. All new signage to be located on the Amendment Parcel or any portion thereof at the time of development shall be limited to ground-mounted signage structures and wall signs.
5. Prior to final development approval, the property owner/developer will be required to submit a traffic analysis that is consistent with the City’s Traffic Study Guidelines and Concurrency Management System requirements; and
6. The property owner/developer will be required to provide all necessary traffic improvements as determined by the traffic analysis or provide (as to required improvements for which proportional share payments would be applicable by the City’s Code of Ordinances) required proportionate share contribution payments.
Policy 18.24 imposes the following development conditions on a 25.51-acre portion of the 174,23-acre parcel, PID 23812-001-00:
1. The property shall be developed as a Planned Unit Development in conjunction with the related property;
2. This site in conjunction with the remaining parcel for the Planned Unit Development (PID 23812-001-00), shall not increase the total number of previously approved units for the site;
3. Prior to final development approval, the property owner will be required to submit a traffic analysis that is consistent with the City’s Traffic Study Guidelines and Concurrency Management System; and
4. The property owner/developer will be required to provide all necessary traffic improvements as determined by the traffic analysis or provide (as to required improvements for which proportional share payments may or must be made under the City’s Code of Ordinances) required proportionate share contribution payments.
Zoning and Land Use Details:
For consideration of the future land use policy amendment, there are several key factors to consider:
• The subject comprehensive plan policies were adopted prior to the 2035 Vision and the subsequent update to the comprehensive plan.
• Some of the policy requirements were made redundant and unnecessary as a result of subsequent comprehensive plan and land development regulation amendments.
• This text amendment will be required to be brought back to final hearings in conjunction with all other associated amendments to allow for the consideration of all requests at one hearing.
• The 2035 Vision-based comprehensive plan update, completed in 2013, consolidated the future land use categories down to a total of six new categories.
• The Medium Intensity/Special District future land use promotes a more design-based approach for future development to facilitate walkable urban development. Design-based approaches include: the utilization of form-based code, PD, Planned Developments, Chapter 163 Development Agreements, or other similar processes.
• The applicant has initiated a PD zoning amendment consistent with the Medium Intensity/Special Districts intent.
• The PD will provide for the opportunity to ensure that protection and safeguards will be in place for the proposed development, similar to the purpose and function that Policies 18.13 and 18.24 currently provide.
Planning and Zoning Commission:
The proposed text amendment was presented to the Planning and Zoning Commission on September 8, 2025. Staff clarified to the Planning Commission that the request was limited to just the deletion of the specified policies. Members of the public voiced concerns about traffic, overdevelopment, wildlife in the area, and buffering. The agent confirmed that the proposed text amendment is only the first step in the process to initiate the State review. The agent also committed to bringing the proposed text amendment, PD rezoning, and any Chapter 163 Development Agreement to City Council for consideration and adoption at the same future meeting. Additionally, the agent identified that additional neighborhood meetings will be held with the residents of nearby developments.
The Commission voted six to zero to recommend approval.
FINDINGS AND CONCLUSIONS:
• Deletion of the Future Land Use Policies would allow for future mixed-use development in a manner consistent with the current Medium Intensity/Special District future land use designation.
• The maximum residential density of the subject portion of PID 23812-001-00 would increase from 12 dwelling units per acre to 30 dwelling units per acre, a potential increase of 459 residential units for the 25.51 acres.
• The maximum non-residential intensity of the subject portion of PID 2380-000-001 would increase from 0.75 FAR to 4.0 FAR, a potential increase of 7,137,958 square feet for the 50.52 acres.
• The Medium Intensity/Special District Future Land Use Classification requires that a form-based code regulate any new development, Planned Development (PD) zoning district, or Chapter 163 Development Agreement.
• Further restrictions and safeguards may be imposed through the PD rezoning process, similar to the purpose and function of Policies 18.13 and 18.24.
• No level of service or public facility issues have been identified; further analysis will be required prior to development.
Staff recommends approval of the transmittal for State review.
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
• Prior Ordinances
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; DELETING FUTURE LAND USE POLICY 18.13 OF THE COMPREHENSIVE PLAN RELATING TO DEVELOPMENT CONDITIONS PREVIOUSLY ADOPTED BY ORDINANCE NO. 5711 (LUC05-0030) FOR A 50.42-ACRE PORTION OF PROPERTY LOCATED IN THE 3000 AND 4000 TO 4300 BLOCKS OF SW 43RD COURT (PARCEL NO. 2380-000-001); DELETING FUTURE LAND USE POLICY 18.24 OF THE COMPREHENSIVE PLAN RELATING TO DEVELOPMENT CONDITIONS PREVIOUSLY ADOPTED BY ORDINANCE NO. 5768 (LUC07-0034) FOR A 25.51-ACRE PORTION OF PROPERTY LOCATED IN THE 3000 AND 4000 TO 4300 BLOCKS OF SW 43RD COURT (PARCEL NO. 23812-001-00); 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 106-39(b)(4) of the Code of Ordinances, City of Ocala, Florida.
POLICY 18.13: Future Land Use Map (FLUM) Amendment LUCO5-0030 adopted by Ordinance Number 5466 on December 21, 2005 changes the future land uses on the Amendment area from Professional Services to Retail Services. The parcel number is 2830-000-01. Development shall meet the requirements of all applicable Goals, Objectives and Policies of the Comprehensive Plan; however, the land use and development potential made available by FLUM Amendment LUC05- 0030 is hereby limited by the following conditions:
1. The Amendment changes the approved future land uses on the Amendment Parcel from Professional Services to Retail Services. Development intensities on the Amendment Parcel will be limited so that the projected number of peak hour trips generated from the developed Amendment Parcel must be less than the projected number of peak hour trips that would have been generated by development of the Amendment Parcel under the Professional Services.
2. Total development of the Amendment Parcel shall not exceed development threshold limitations which would require approval of the development as a Development of Regional Impact unless a Development of Regional Impact Development Order is applied for and approved.
3. At the time of development the property owner/developer must submit a development plan consistent with the City’s Land Development Code regarding buffers, landscaping, site design, land uses, architectural characteristics and other requirements specified in the Land Development Code.
4. All new signage to be located on the Amendment Parcel or any portion thereof at the time of development shall be limited to ground mounted signage structures and wall signs.
5. Prior to final development approval, the property owner/developer will be required to submit a traffic analysis that is consistent with the City’s Traffic Study Guidelines and Concurrency Management System requirements; and
6. The property owner/developer will be required to provide all necessary traffic improvements as determined by the traffic analysis, or provide (as to required improvements for which proportionate share payments would be applicable by the City’s Code of Ordinances) required proportionate share contribution payments. Reserved.
Section 2. 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 106-39(b)(4) of the Code of Ordinances, City of Ocala, Florida.
POLICY 18.24: Future Land Use Map (FLUM) Amendment LUCO7-0034 adopted by Ordinance Number 5767 on December 18, 2007 changes the future land use on the amendment area from Low Density Residential (City) to Medium Density Residential (City). The parcel number affected is a portion of 23812-001-00. Development shall meet the requirements of all applicable goals, objectives and policies of the Comprehensive Plan; however, the land use and development potential made available by FLUM Amendment LUC07-0034 is hereby limited based on the following:
1. The property shall be developed as a Planned Unit Development in conjunction with the related property;
2. This site in conjunction with the remaining parcel for the Planned Unit Development (PID 23812-001-00) shall not increase the total number of previously approved units for the site;
3. Prior to final development approval, the property owner will be required to submit a traffic impact analysis that is consistent with the City’s Traffic Study Guidelines and Concurrency Management System; and
4. The property owner/developer will be required to provide all necessary traffic improvements as determined by the traffic analysis, or provide (as to required improvements for which proportionate share payments may or must be made under the City’s Code of Ordinances) required proportionate share contribution payments. Reserved.
Section 3. 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 4. 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 5. 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 6. 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 7. Direction to the Codifier. It is the intention of the City Council of the City of Ocala, Florida that (1) this ordinance shall become and be made a part of the City of Ocala, Florida Comprehensive Plan; (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 8. The effective date of this text 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 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.