Submitted By: Patricia Z. Hitchcock
presenter
Presentation By: Patricia Hitchcock
end
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Ordinance 2023-54 to amend the future land use designation from Public to Medium Intensity/Special District for approximately 5.83 acres of property located on the south side of NW 35th Street in the 2100-2400 block (currently a water retention area) (Case No. LUC23-45236)
end
OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
Star Banner - August 4, 2023 - LSAR00152750
body
BACKGROUND:
• Applicant: West Oak Developers, LLC
• Agent: Tillman & Associates
• The City of Ocala entered into a Redevelopment Agreement for the former Pine Oaks Golf course. The current West Oak PD plan facilitates redevelopment of the property into a mixed-income residential community.
• The West Oak PD rezoning and plan were approved in February 2021. After learning of a potential procedural deficiency with the original adoption, the rezoning and PD plan approval were processed a second time as a cautionary measure and received final approval from City Council on June 20, 2023.
• The developer has acquired from Marion County the subject property which is a Water Retention Area and granted an easement back to the County for drainage from NW 35th Street. This will allow the developer to expand and reconfigure the pond to allow for more density.
• The developer desires to amend the PD Plan to include the subject property. A request to rezone the subject property is accompanying the land use plan amendment petition. The PD Plan amendment also proposes to decrease the number of single-family lots, increase the number of multi-family units due to demands of the market, increase the permissible height, reduce the amount of commercial square footage, and create an additional connection point to existing rights-of-way.
• The Medium Intensity/Special District for this property acts as a natural extension of the Pine Oaks Square Main Street district.
• A land use plan amendment (LUC22-45054) was initiated for the subject property in December 2022. The Planning & Zoning Commission recommended approval at the January 9, 2023, meeting. The amendment was not heard by City Council due to the potential procedural deficiency with the original adoption of the PD rezoning and PD plan approval.
• On July 10, 2023, the Planning & Zoning Commission recommended approval of the proposed land use change.
FINDINGS AND CONCLUSIONS:
The proposed future land use classification of Medium Intensity/Special District is consistent with the Comprehensive Plan and the West Ocala Vision & Community 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 2023-54
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. LUC23-45236) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM PUBLIC TO MEDIUM INTENSITY / SPECIAL DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF NW 35TH STREET IN THE 2100-2400 BLOCK, 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 106-38 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 Medium Intensity/Special District and the attached land use map, dated July 10, 2023, is incorporated by reference into this ordinance:
COMMENCE AT THE NE CORNER OF THE NE 1/4 OF THE NW 1/4 OF SECTION 1, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA THENCE N89°41'36"W ALONG THE NORTH BOUNDARY OF SAID NE 1/4 OF NW 1/4 A DISTANCE OF 1321.17 FEET; THENCE DEPARTING SAID NORTH BOUNDARY PROCEED S00°18'24"W A DISTANCE OF 35.00 FEET TO A CONCRETE MONUMENT (NO ID.) ON THE MONUMENTED SOUTH RIGHT OF WAY LINE OF NW 35TH STREET AND THE WEST BOUNDARY OF THE NE 1/4 OF THE NW 1/4 OF SAID SECTION 1; THENCE PROCEED S00°28'25"W ALONG SAID WEST BOUNDARY A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST BOUNDARY PROCEED S89°33'01"E A DISTANCE OF 1048.39 FEET; THENCE SOUTH A DISTANCE OF 248.53 FEET; THENCE N87°15'28"W A DISTANCE OF 735.76 FEET; THENCE S00°19'18"W A DISTANCE OF 42.21 FEET; THENCE N89°41'36"W A DISTANCE OF 315.37 FEET TO THE WEST BOUNDARY OF THE NE 1/4 OF THE NW 1/4 OF SECTION 1, TOWNSHIP 15 SOUTH, RANGE 21 EAST; THENCE N00°28’25"E ALONG SAID WEST BOUNDARY A DISTANCE OF 262.09 FEET TO THE POINT OF BEGINNING, APPROXIMATELY 5.83 ACRES.
(AKA: Parcels 21385+000-00 and 21385-000-01)
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: 2023-54
Introduced: 8/1/2023
Adopted: Click or tap to enter a date.
Legal Ad No: Star Banner - August 4, 2023 - LSAR00152750