Submitted By: David Sablan, Planner II
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Presentation By: David Sablan, Planner II
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Department: Growth Management
FORMAL TITLE:
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A public hearing request to terminate an existing Developer’s Agreement recorded in Book 5069, Pages 323-334 (Parcel 23320-005-05)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant/Owner: Valentin Jimenez
• Agent: David Dinkins, Davis Dinkins Engineering, P.A.
Key Points:
The applicant is requesting to terminate a Developer’s Agreement recorded for the subject property (recorded in Book 5069, Pages 323-334) which restricts the permitted principal uses allowed on the property.
The owner/applicant has submitted a concurrent application to rezone Parcel 23320-005-05, totaling 2.80 acres, from B-1A, Limited Neighborhood Business, to B-1, Neighborhood Business.
The subject property was annexed into the City in 1997 but was not given a zoning designation until 2008. In 2007, the owner at the time applied to rezone the subject property to M-1, Light Industrial, but later amended the application to B-1A, Limited Neighborhood Commercial. The subject Developer’s Agreement was offered by the applicant to prohibit Alcohol Beverage Establishments thereby mitigating the impacts of the requested rezoning request.
In 2009, a Code of Ordinances revision was approved amending the B-1A zoning district. These amendments included the elimination of the architectural review requirements for principal permitted uses but requiring them for special exception requests and allowing church/place of worship as a principal permitted use instead of the requirement of a special exception for these uses.
FINDINGS AND CONCLUSIONS:
• Termination of the Developer’s Agreement will reclassify church and day care uses as permitted principal uses that no longer require Special Exception and will reclassify Alcohol Beverage Establishments as permitted principal uses which are no longer prohibited. In 2009, the City amended the Code of Ordinances to reclassify church/place of worship uses as permitted by right in the B-1A zoning district, citing a lack of neighborhood opposition on Special Exception applications for churches/places of worship and the ability to address impacts through the Site Plan Review Process.
• A modification or termination of the Developer’s Agreement is required prior to any rezoning of the subject property. The description of permitted and prohibited uses within the Developer’s Agreement supersedes the property’s zoning district.
Staff recommends approval
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
This Agreement will be reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with Changes
• Table
• Deny
SUPPORT MATERIALS:
• Staff Report
• Developer’s Agreement (recorded in Book 5069, Pages 323-334)
• Case Map
• Aerial Map