Submitted By: Breah Miller
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-37 for a land use change of approximately 35.6 acres of property located at the SE corner of 3848 NW 27TH AVE (Case LUC22-44697).
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, .
PROOF OF PUBLICATION:
4/8/2022 - 29655134
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BACKGROUND:
• Petitioner: TC Florida Development, Inc
• Property Owner: Julia Ann Carter
• Only the south east 35.6 acres is being annexed into the city. The Employment Center land use category is proposed; previous land use in Marion County is Commerce District.
• This property is contiguous to the city limits along its Western and Southern boundaries. The western property line border property with Employment Center land use. The Southerly property line fronts on SW 35th St and is across from more property with Employment Center land use
• The property owner has requested Employment Center Land use to develop 450,000 square feet of industrial warehouse.
• Annexation and M-2, Medium Industrial District, zoning has been requested.
• Employment Center future land use allows industrial development.
• Planning & Zoning Commission recommended approval 6 to 0.
FINDINGS AND CONCLUSIONS: The requested Future Land Use designation of Employment Center is consistent with the Comprehensive Plan and compatible with the surrounding area. Staff recommend approval.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The Ordinance is pending review by the City Attorney, Robert W. Batsel Jr.
ALTERNATIVE:
• Approve
• Deny
• Table
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Case Aerial
ORDINANCE 2022-37
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. LUC22-44697) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM COMMERCE DISTRICT (COUNTY) TO EMPLOYMENT CENTER (CITY), FOR PROPERTY LOCATED SE CORNER OF 3848 NW 27TH AVENUE OCALA, FLORIDA, SECTION 35, TOWNSHIP 14, RANGE 21, MARION COUNTY, 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 THE CITY 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 Employment Center and the attached land use map, dated March 14, 2022, is incorporated by reference into this ordinance:
A PARCEL OF LAND LYING IN THE SOUTHEAST ¼ OF SECTION 35, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST ¼ OF SECTION 35, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE PROCEED N00°22’33”E ALONG THE EAST BOUNDARY OF SAID SOUTHEAST ¼ OF SECTION 35, A DISTANCE OF 100.02 FEET TO A POINT; THENCE DEPARTING SAID EAST LINE N89°30’38”W A DISTANCE OF 32.77 FEET TO THE SOUTHWEST CORNER OF PARCEL “A” AS DESCRIBED IN OFFICIAL RECORDS BOOK 6616, PAGE 1373, SAID POINT ALSO BEING ON THE NORTH RIGHT OF WAY LINE OF NORTHWEST 35TH STREET AS DESCRIBED IN OFFICIAL RECORD BOOK 5820, PAGE 63, ALL OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE, N89°30’38”W A DISTANCE OF 1348.73 FEET TO A POINT AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY LINE N89°30’38”W A DISTANCE OF 798.01 FEET TO A POINT OF CURVATURE OF A NON-TANGET CURVE; THENCE ALONG A CURVE TO THE RIGHT BEING CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1440.00 FEET, A CHORD BEARING N74°33’26”W AND A CHORD LENGTH OF 348.82 FEET THROUGH A CENTRAL ANGLE OF 13°54’48” AND AN ARC LENGTH OF 349.68 FEET TO A POINT; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, N24°46’37”E A DISTANCE OF 106.94 FEET TO A POINT; THENCE N00°28’16”E A DISTANCE OF 1238.87 FEET TO A POINT; THENCE S89°30’41”E A DISTANCE OF 1091.41 FEET; THENCE S00°29’19”W A DISTANCE OF 1426.36 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 1,549,828 SQUARE FEET OR 35.579 ACRES, MORE OR LESS.
(aka: 13717-000-00)
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 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: 2022-37
Introduced: 4/5/2022
Adopted: 4/19/2022
Legal Ad No: 4/8/2022 - 29655134