Submitted By: Emily W. Johnson, AICP
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Presentation By: Emily W. Johnson
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2024-14 and open a public hearing to transmit to the Florida Department of Commerce (FLCommerce) an amendment to the Future Land Use Element of the Comprehensive Plan by deleting Policy 18.7 relating to development conditions for property located southwest of the intersection of NE 24th Street and NE 36th Avenue, Parcel No. 24272-001-00, approximately 11.61 acres (Case FLUP23-45444)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
Ad appeared in the Ocala Gazette on January 26, 2024.
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BACKGROUND:
• Petitioner: A P LLC
• Property Owner: A P LLC
• Agent: David Tillman, Tillman & Associates Engineering, LLC
• On December 19, 2006, the City Council adopted a Future Land Use Map (FLUM) Amendment LUC06-0024 by Ordinance No. 5610, which changed the future land use of the subject properties from Light Industrial to Medium Density Residential. Future Land Use Element Policy 18.7 imposes the following development conditions on the subject properties:
1. Development on the amendment area shall not exceed 100 residential dwelling units;
2. The property shall be developed as a PD to address site design issues;
3. Access to the property shall be along NE 24th Street;
4. 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
5. 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.
• The current request is to delete the policy and associated development conditions, allowing the subject properties to be developed in a manner consistent with the present Employment Center future land use designation.
• The Employment Center Future Land Use classification is generally intended for industrial, office and commercial uses, but does allow for residential uses as part of a mixed-use Planned Development (PD). The petitioner’s request and intention to develop the subject property with Light Industrial (M-1) districts is consistent and compatible with the Employment Center Future Land Use.
• The subject property is bordered to the east be the elevated roadway of NE 36th Avenue, and to the south by a CSX railroad right-of-way. Access to the property shall be from NE 24th Street.
• The remainder of the development conditions will be addressed as part of the City’s development review process.
• The petitioner has submitted a concurrent application to rezone the subject property from the retired Planned Unit Development (PUD) zoning district to Light Industrial (M-1). If the proposed future land use policy amendment is approved by City Council for transmittal to the Florida Department of Commerce (FLCommerce), the rezoning of the subject property from PUD-09 to M-1 will be presented to City Council for approval at the same time as the policy amendment is presented for adoption.
• The Planning and Zoning Commission unanimously recommended approval at the meeting on January 8, 2024.
FINDINGS AND CONCLUSIONS:
The proposed deletion of the future land use policy will allow for future development consistent with the Employment Center future land use designation and compatible with the surrounding area. Staff recommends approval.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The ordinance will be reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2024-14
AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF THE CITY OF OCALA, FLORIDA, COMPREHENSIVE PLAN AS REQUIRED IN SECTION 163.3161 THROUGH AND INCLUDING SECTION 163.3248, FLORIDA STATUTES; DELETING FUTURE LAND USE POLICY 18.7 OF THE COMPREHENSIVE PLAN RELATING TO DEVELOPMENT CONDITIONS PREVIOUSLY ADOPTED BY ORDINANCE NO. 5611 (LUC06-0024) FOR PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF NORTHEAST 24TH STREET AND NORTHEAST 36TH AVENUE (PARCEL NO. 24272-001-00), SECTION 03, TOWNSHIP 15, RANGE 22, MARION COUNTY, FLORIDA; 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 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; and
WHEREAS, on January 22, 2013, Ordinance 2013-13 became effective and designated the subject property as part of the Employment Center Future Land Use Category.
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 18.7: Future Land Use Map (FLUM) Amendment LUC06-0024 adopted by Ordinance Number 5610 on December 19, 2006 changes the future land use on the amendment area from Light Industrial to Medium Density Residential. The parcel number is 24272-001-00. 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 LUC06-0024 is hereby limited by the following conditions:
1. Development on the Amendment area shall not exceed 100 residential dwelling units;
2. The property shall be developed as a PD to address site design issues;
3. Access to the property shall be along NE 24th Street;
4. 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
5. 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. Reserved.
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) 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 the City Council.
Section 7. 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 Barry Mansfield
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2024.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2024-14
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.