Submitted By: Aubrey Hale
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-40 approving a future land use policy for approximately 88.73 acres of property located northeast of the intersection of Southwest Seventh Avenue and Southwest 32nd Street near Lake Louise (Case FLUP21-44568)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• This property is contiguous to the city limits. It was platted in the county for single-family development, however most of the lots and infrastructure were not developed.
• Annexation was requested to obtain city services.
• A new PD (Planned Development) will be submitted for the entirety of the property.
• Low Intensity land use is proposed along with the associated land use policy.
• The policy includes a dwelling unit cap, limitations on ingress/egress connection to SW Seventh Ave and SW 32nd Street, and establishes requirements for buffers, zoning, and traffic analysis.
FINDINGS AND CONCLUSIONS:
The requested Future Land Use Policy is consistent with the Low Intensity category requested and is consistent with the Comprehensive Plan. Approval of the requested future land use policy is appropriate.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The ordinance is pending review and approval for form and legality by the City
Attorney, Robert Batsel, Jr
ALTERNATIVE:
• Approve
• Deny
• Table
ORDINANCE 2022-40
AN ORDINANCE AMENDING THE CITY OF OCALA, FLORIDA, COMPREHENSIVE PLAN PURSUANT TO SECTIONS 163.3161 THROUGH AND INCLUDING 163.3248, FLORIDA STATUTES, CONCERNING A FUTURE LAND USE TEXT (POLICY) AMENDMENT (CASE NO. FLUP21-44568), ADDING A FUTURE LAND USE POLICY 18.35 ADDRESSING DEVELOPMENT CONDITIONS ON CERTAIN PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF SW 7TH AVENUE AND SW 32ND STREET (88.73 ACRES) PARCEL NUMBERS 3062-004-001, 3062-005-001, 3062-006-007, 3060-002-004, 3060-003-001, A PORTION OF 3060-004-001, 3060-005-001, 3060-006-001, 3061-002-001, 3061-003-001, A PORTION OF 30785-000-00, 3060,000-000, 3060-001-002; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; 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, pursuant to Section 163.3161 through Section 163.3248, Florida Statutes, which required the City of Ocala, Florida to prepare and adopt a comprehensive plan in accordance 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 Map as part of the Future 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 THE CITY OF OCALA, FLORIDA, in regular session as follows:
Section 1. 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 City of Ocala Comprehensive Plan Future Land Use Element is hereby amended by adding Policy 18.38 to read as follows:
Policy 18.35: Future Land Use Policy (FLUP) FLUP21-44568 was adopted on May 3, 2022, by ordinance number 2022-40, concerning property generally located northeast of the intersection of SW 7th avenue and SW 32nd street, adding a policy to provide development conditions for parcels 3062-004-001, 3062-005-001, 3062-006-007, 3060-002-004, 3060-003-001, a portion of 3060-004-001, 3060-005-001, 3060-006-001, 3061-002-001, 3061-003-001, a portion of 30785-000-00, 3060,000-000, 3060-001-002. Development shall meet the requirements of all applicable goals, objectives, policies, and map designations of the Comprehensive Plan; however, land use and development potential of the 88.73 acres property are hereby limited based on the following:
1. The entire acreage designated shall be developed as a Planned Development, and shall consist of phases for the entire project area under the City’s Code of Ordinances.
2. The maximum density for any project area including any density incentives shall be 16 dwelling units per gross acre with a maximum total of 1,146 dwelling units allowed. Total dwelling units allowed shall be reduced in proportion to the commercial acreage developed.
3. Commercial development shall be addressed in a Planned Development and shall limit commercial development to neighborhood business uses as identified in the City of Ocala’s Land Development Code. Industrial, manufacturing, distribution, and warehouse uses shall be prohibited.
4. Ingress/egress access via a public or private right-of-way shall be provided or maintained to those parcels identified under Marion County Parcel Identification Numbers 3060-003-012, 3060-003-012 and 3060-007-006.
5. Access points shall be centralized within the development and permit no more than two ingress/egress access connections to SW 7th Avenue and SW 32nd Street. The nature of the access shall be determined during a traffic study/analysis.
6. Perimeter buffers will be provided and designed as part of the Planned Development.
7. 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 that includes the entire acreage designated as PD. The applicant shall provide all necessary transportation mitigation as determined by the traffic analysis.
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.
Section 5. If this ordinance becomes effective, the effective date of the comprehensive plan text amendment adopted hereby shall be:
a. If this amendment is not timely challenged, the effective date shall be 31 days after the state land planning agency notifies the local government that this plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. 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 at 107 East Madison Street, MSC 160, Tallahassee, Florida 32399-4120.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Ire Bethea Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2022.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
Robert W. Batsel, Jr.
City Attorney
Ordinance No: 2022-40
Introduced: 4/19/2022
Adopted: 5/3/2022
Legal Ad No: 7186143