Legislation Details

File #: 2023-1576   
Type: Ordinance Status: Passed
File created: 8/2/2023 In control: City Council
On agenda: 8/15/2023 Final action: 8/15/2023
Title: Adopt Ordinance 2023-56 to amend Section 122-910 for multi-family dwellings to be permitted to develop based on maximum intensity (Floor Area Ratio) rather than maximum density in Shopping Centers (Case No. COD23-45198)
Introduced By: Barry Mansfield
Attachments: 1. P&Z agenda material_COD23-45198, 2. P&Z Minutes COD23-45198
Submitted By: Emily Johnson
presenter
Presentation By: Emily Johnson
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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2023-56 to amend Section 122-910 for multi-family dwellings to be permitted to develop based on maximum intensity (Floor Area Ratio) rather than maximum density in Shopping Centers (Case No. COD23-45198)
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OCALA'S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place

PROOF OF PUBLICATION:
Star Banner - August 4, 2023 - LSAR00152750

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BACKGROUND: W. James Gooding, III, Gooding & Batsel, PLLC, has submitted an application to amend the Land Development Regulations on behalf of DGMGKK Investors, LLC. The request is to amend Section 122-910 to allow for multi-family dwellings to be developed on property zoned SC, Shopping Center, consistent with the maximum intensity established by the property's underlying land use, or as specifically limited by the approved shopping center master plan, rather than the density allowed by the land use. Intensity is measured by Floor Area Ratio (FAR) which is calculated by dividing the gross usable floor area by the total property area. Density is based on dwelling units per gross acre. After researching other communities, it is not uncommon for FAR to be utilized (i.e. the City of Tampa) to calculate the development potential for multi-family residential uses.

The proposed amendment also includes clarifying language which defers to Florida legislation regarding the allowance of multi-family dwellings within certain zoning districts. Currently, multi-family dwellings are not allowed as part of a single retail establishment; the amendment specifies that this regulation remains in effect unless otherwise authorized by state law.
The Planning & Zoning Commission voted unanimously to recommend approval at the July 10, 2023, meeting.

FINDINGS AND CONCLUSIONS: The proposed ordinance is consistent with comparable ordinances for similar uses in other near...

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