Submitted By: David Boston
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-18 for a change in land use from Commercial (County) to Low Intensity (City) for approximately 17.94 acres located at 2600-2610 NW 46th Terrace and 2765 NW 49th Avenue (Case LUC09-0009) (Quasi-Judicial).
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, .
PROOF OF PUBLICATION:
6722446 - 1/7/22
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BACKGROUND:
• Petitioner: Second Nine Partners, LLC
• Property Owners: Second Nine Partners, LLC; Real Sub, LLC; McDonalds USA, LLC
• The Ocala Planning & Zoning Commission recommended approval by a 6 to 0 vote.
These properties were the subject of an annexation agreement between Second Nine Partners LLC and the City of Ocala executed on May 5, 2009. Second Nine Partners LLC applied for City annexation, land use, and zoning and paid all associated fees in the amount of $5,800. At the time, the property was not contiguous to the City limits, and was not eligible for annexation. The projects were therefore placed on hold.
Presently, the property is contiguous to the City boundary and eligible for annexation. City staff recommends moving forward with annexation, land use, and zoning in accordance with the existing agreement. The 2009 application requested Commercial land use and SC (Shopping Center) zoning. The City did not have in 2009 and does not currently have a Commercial land use classification and so City staff proposes applying the closest existing land use classification of Low Intensity. This is consistent with adjacent commercial properties that are currently within the City limits.
FINDINGS AND CONCLUSIONS:
The requested Future Land Use designation of Low Intensity is consistent with the Comprehensive Plan and the surrounding area. Approval of the requested land use change is appropriate.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
This ordinance is pending review by the City Attorney, Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve
• Deny
• Table
ORDINANCE 2022-18
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. LUC09-0009) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM Commercial (County) TO Low Intensity (City), FOR PROPERTY LOCATED AT 2600-2610 NW 46th Terrace and 2765 NW 49th Avenue, OCALA, FLORIDA; 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.
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. 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 December 13, 2021, is incorporated by reference into this ordinance:
A PORTION OF SECTION 3, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE N.W. CORNER OF THE S.W. 1/4 OF SECTION 3, TOWNSHIP 15 SOUTH, RANGE 21 EAST, THENCE ALONG THE NORTH BOUNDARY OF THE S.W. 1/4 OF SAID SECTION 3, S89°25'15"E, A DISTANCE OF 40.02 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF N.W. 49TH AVENUE (BEING 80.00 FEET WIDE); THENCE ALONG SAID EAST RIGHT OF WAY LINE N00°37'56"E, A DISTANCE OF 88.86 FEET TO THE N.W. CORNER OF "SHAMROCK ADVENTURE LX" AS PER PLAT THEREOF, RECORDED IN PLAT BOOK '9', PAGE 133 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE, N00°35'51"E, A DISTANCE OF 201.81 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE N89°41'59"E, A DISTANCE OF 575.70 FEET; THENCE S6l0 36'22"E, A DISTANCE OF 338.70 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 178.00 FEET, A CENTRAL ANGLE OF 28°41'40", AND A CHORD BEARING AND DISTANCE OF S75°57'12"E, 88.22 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 89.14 FEET TO THE POINT OF TANGENCY; THENCE N89°41'59"E, A DISTANCE OF 202.78 FEET; THENCE S00°18'01"E, A DISTANCE OF 421.99 FEET; THENCE S28°23'29"W, A DISTANCE OF 515.95 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27 (RIGHT OF WAY WIDTH VARIES); THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, N6l0 36'31"W, A DISTANCE OF 769.72 FEET TO THE S.E. CORNER OF SAID "SHAMROCK ADVENTURE LX"; THENCE DEPARTING SAID RIGHT OF WAY LINE, ALONG THE EAST BOUNDARY OF SAID PLAT, N00°02'21"E, A DISTANCE OF 359.77 FEET TO THE N.E. CORNER OF SAID PLAT; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PLAT, N59°04'22"W, A DISTANCE OF 213.64 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 119.00 FEET, A CENTRAL ANGLE OF 30°45'56", AND A CHORD BEARING AND DISTANCE OF N74°28'03"W, 63.13 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND NORTHERLY BOUNDARY, A DISTANCE OF 63.90 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 17.93 ACRES, MORE OR LESS.
(aka: Parcels 21509-002-01, 21509-003-00, 21509-002-03, and 21509-002-04)
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 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: 2022-18
Introduced: 1/4/2022
Adopted: Click or tap to enter a date.
Legal Ad No: 6722446 - 1/7/22