Submitted By: Endira Madraveren
Presentation By: Endira Madraveren
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2023-63 to amend the future land use designation from Neighborhood and Low Intensity to Low Intensity for property located at 2191 NW 10th Street and the property located directly to the east, approximately 8.6 acres (Case LUC23-45253)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: David Denson
• Property Owner: David Denson
• The property was annexed into the City in 1975.
• Citywide comprehensive plan amendment, adopted on January 22, 2013 (Ordinance 2013-13), changed the future land use designation of the subject property from Retail Services to Low Intensity to the south and Neighborhood to the north.
• The property is zoned B-4, General Business.
• Per Section 122-244 of the Code of Ordinances, B-4 is consistent with Low Intensity Future Land Use but not with Neighborhood Future Land Use.
• Ordinance 2013-13, a city-initiated amendment, created an inconsistency between the future land use and zoning for a portion of the subject property.
Planning & Zoning Commission recommended approval with a five to zero vote at their meeting on August 14, 2023.
FINDINGS AND CONCLUSIONS: The requested Future Land Use Category of Low Intensity is consistent with the Comprehensive Plan. 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 2023-63
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP SERIES OF THE CITY OF OCALA, FLORIDA, COMPREHENSIVE PLAN AS REQUIRED IN SECTION 163.3161 THROUGH AND INCLUDING SECTION 163.3248, FLORIDA STATUTES; DETAILING THE LAND USE CHANGE (CASE NO. LUC23-45253) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM NEIGHBORHOOD AND LOW INTENSITY TO LOW INTENSITY FOR PROPERTY LOCATED AT 2191 NW 10TH STREET AND THE PROPERTY DIRECTLY TO THE EAST, OCALA, FLORIDA (PARCELS: 22230-000-00 AND 22232-000-00); PROVIDING FOR SEVERABILITY; PROVIDING FOR 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, 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.
WHEREAS, the city initiated Ocala 2035 Vision Comprehensive Plan amendments created an inconsistency between the future land use and zoning for a portion of the subject property; and
WHEREAS, the proposed future land use amendment to change the land use on the subject property from the Neighborhood designation to the Low Intensity designation corrects the inconsistency between the future land use designation and the current zoning of the subject property, B-4 (General Business).
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 106-38 of the Code of Ordinances, City of Ocala, Florida. The following described lands are hereby reclassified according to the City of Ocala Comprehensive Plan, Future Land Use Element as Low Intensity and the attached land use map, dated August 14, 2023, is incorporated by reference into this ordinance:
THE WEST 358.70 FEET OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼, SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA. EXCEPT LINCOLN STREET RIGHT OF WAY (STATE ROAD 500).
AND LESS AND EXCEPT:
THE SOUTH 275.00 FEET OF THE WEST 202.00 FEET OF THE WEST 358.70 FEET OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA EXCEPT LINCOLN STREET RIGHT OF WAY (STATE ROAD 500).
SUBJECT TO A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS:
THE NORTH 15 FEET OF THE FOLLOWING DESCRIBED REAL PROPERTY: THE WEST 358.70 FEET OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF THE SOUTHEAST 1/4, SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA. EXCEPT LINCOLN STREET RIGHT OF WAY (STATE ROAD 500).
AS DESCRIBED IN OFFICIAL RECORDS BOOK 2776, PAGE 1706-1707, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
SUBJECT AND TOGETHER WITH:
A PERPETUAL ACCESS EASEMENT OVER AND ACROSS NORTH 15.00 FEET OF THE SOUTH 275.00 FEET OF THE EAST 35.00 FEET OF THE WEST 202.00 FEET OF THE WEST 358.70 FEET OF THAT PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, LYING NORTH OF THE 10TH STREET NORTHWEST (U.S. HIGHWAY 27) (LINCOLN STREET)
AS DESCRIBED IN OFFICIAL RECORDS BOOK 5182, PAGES 1981-1989, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
SUBJECT TO AND TOGETHER WITH:
A PERPETUAL INGRESS-EGRESS AND CROSS ACCESS EASEMENT OVER AND ACROSS THE SOUTH 70.00 FEET OF THE EAST 35.00 FEET OF THE WEST 222.00 FEET OF THE WEST 358.70 FEET OF THAT PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, LYING NORTH OF 10TH STREET NORTHWEST (U.S. HIGHWAY 27) (LINCOLN STREET)
AS DESCRIBED IN OFFICIAL RECORDS BOOK 5182, PAGES 1981-1989, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
TOGETHER WITH:
THE SOUTHWEST ¼ OF NORTHWEST ¼ OF SOUTHEAST ¼ OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA. EXCEPT THE WEST 358.70 FEET AND EXCEPT TH RIGHT OF WAY FOR LINCOLN STREET (STATE ROAD 500) AND EXCEPT THE EAST 100 FEET OF THE NORTH 112 FEET OF THE SOUTH 118.84 FEET OF THE WEST 458.70 FEET AND EXCEPT THE EAST 60 FEET OF THE SOUTH 100 FEET NORTH OF LINCOLN STREET (STATE ROAD 500)
(AKA: Parcels 22230-000-00 and 22232-000-00)
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 become effective upon approval by the mayor, or upon becoming law without such approval.
Section 5. The effective date of this small-scale development 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 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: 2023-63
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.