Submitted By: Patricia Z. Hitchcock
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-23 to amend the Future Land Use designation from Employment Center (County) and Commercial (County) to Employment Center (City) for property located north of the curve where NW 40th Avenue transitions easterly to NW Third Street, approximately 71.58 acres. (Parcels #22844-002-00 and 22844-002-03) (Case LUC21-44528)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub.
PROOF OF PUBLICATION:
March 7, 2022 in Star Banner
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BACKGROUND:
• Petitioner: Kahlid Mirza
• Property Owner: Mirza Group-Ocala LLC
• Agent: Jake Kurth, Scannell Properties LLC
• There is a residence and a horse barn on the property.
• The proposed land use, Employment Center, is consistent with the land use designations assigned by Marion County.
• There are a mix of uses on the adjacent properties. Del Zotto’s precast concrete is to the west, there are residential, undeveloped and agricultural uses to the south, and undeveloped M-2 zoning to the north.
• Applicant’s stated intention is to develop as an industrial/warehouse use inside the City limits.
• New construction will be subject to site plan approval and building permit issuance by the City of Ocala.
• The ordinance to annex the subject property was approved by City Council on December 21, 2021. After annexation, it is appropriate to adopt a City land use and zoning designation.
• The Planning & Zoning Commission recommended approval of the land use change on November 8, 2021, by a vote of 6 to 0.
• Because the property is more than 50 acres, the land use change is subject to a state review process.
• City Council voted to transmit the large-scale land use plan amendment to the Department of Economic Development (DEO) on December 21, 2021.
• DEO, St. Johns River Water Management District (SJRWMD), and Florida Department of Environmental Protection (FDEP) had no comments on the proposed amendment.
• Florida Department of Transportation (FDOT) provided a technical assistance comment that development of industrial/warehouse use on the property is anticipated to adversely impact the roadway network. Resolution of the comment will require the City to coordinate with FDOT on the project traffic study and require mitigation of impacts, including the I-75 at SR 40 and I-75 at US 27 interchanges, and local road connections to SR 40 and US 27.
FINDINGS AND CONCLUSIONS:
The requested Future Land Use designation of Employment Center is consistent with the Comprehensive Plan. Approval of the requested land use is appropriate.
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
ORDINANCE 2022-23
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP SERIES OF THE CITY OF OCALA, FLORIDA, COMPREHENSIVE PLAN AS REQUIRED IN SECTIONS 163.3161 THROUGH AND INCLUDING SECTION 163.3248, FLORIDA STATUTES; DETAILING THE LAND USE CHANGE INVOLVED AND TO AMEND THE FUTURE LAND USE MAP FROM EMPLOYMENT CENTER (COUNTY) TO EMPLOYMENT CENTER (CITY), FOR PROPERTY LOCATED NORTH OF THE CURVE WHERE NW 40TH AVENUE TRANSITIONS EASTERLY TO NW 3RD STREET (PARCELS #22844-002-00 AND 22844-002-03), OCALA, FLORIDA (CASE NO. LUC21-44528); 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 accordance 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 Map as part of the Future 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 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 on the City of Ocala Comprehensive Plan, Future Land Use Map as Employment Center, and the attached map, dated November 8, 2021, is incorporated by reference into this ordinance:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, THENCE N.89°51'14"W. ALONG THE NORTH BOUNDARY OF SAID NE 1/4 OF SECTION 15, A DISTANCE OF 16.00 FEET TO AN INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF NW 38TH AVENUE (60 FEET WIDE); THENCE N.00°34'34"W. ALONG SAID RIGHT OF WAY LINE 38.20 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID WEST RIGHT OF WAY LINE N.89°51'33"W. 513.16 FEET; THENCE S.00°23'30"W. 622.11 FEET; THENCE N.89°23’59"W. 237.78 FEET; THENCE S.01°01'32"W. 686.80 FEET TO AN INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF NW 38TH AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 1117, PAGE 799, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE S.78°11'41"W. ALONG SAID RIGHT OF WAY LINE 285.51 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE N.11°48'19"W. 10.00 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 260.00 FEET; THENCE SOUTHWESTERLY ALONG AND WITH THE ARC OF SAID RIGHT OF WAY CURVE THROUGH A CENTRAL ANGLE OF 39°44'35", AN ARC DISTANCE OF 180.35 FEET AND SUBTENDED BY A CHORD BEARING AND DISTANCE OF S.58°19’23"W. 176.75 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE ON A NON-TANGENT LINE S.78°12’24"W. 55.82 FEET TO THE NORTHEAST CORNER OF LOT 6, SAMUEL AGNEW'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A, PAGE 103, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE CONTINUE S.78°12'24"W. ALONG THE NORTH BOUNDARY OF SAID LOT 6, A DISTANCE OF 443.10 FEET TO AN INTERSECTION WITH THE EAST BOUNDARY OF LOT 5 SAID SAMUEL AGNEW'S SUBDIVISION; THENCE N.00°35'10"E. ALONG SAID EAST BOUNDARY OF LOT 5, A DISTANCE OF 162.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE N.89°46’16"W. ALONG THE NORTH BOUNDARY OF SAID LOT 5, A DISTANCE OF 196.07 FEET; THENCE CONTINUE ALONG SAID NORTH BOUNDARY N.89°41'03"W. 751.26 FEET TO AN INTERSECTION WITH THE WEST BOUNDARY OF THE NE 1/4 OF AFORESAID SECTION 15; THENCE N.00°45'51"E. ALONG SAID WEST BOUNDARY 28.10 FEET; THENCE N.89°33'16"W. 185.56 FEET; THENCE N.00°43'10"E. 1400.24 FEET TO AN INTERSECTION WITH THE NORTH BOUNDARY OF THE SOUTH 78.50 FEET TO THE SE 1/4 OF THE SW 1/4 OF SECTION 10, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE S.89°28'32"E. ALONG SAID NORTH BOUNDARY 186.58 FEET; THENCE S.89°51'33"E. ALONG THE NORTH BOUNDARY OF THE SOUTH 78.50 FEET OF THE SE 1/4 OF AFORESAID SECTION 10, A DISTANCE OF 2614.88 FEET TO AN INTERSECTION WITH THE AFORESAID WEST RIGHT OF WAY LINE; THENCE S.00°34'34"W. ALONG SAID WEST RIGHT OF WAY LINE 40.02 FEET TO THE POINT OF BEGINNING.
(aka: PARCEL NO: 22844-002-00 & 22844-002-03)
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. If this ordinance becomes effective, effective date of the comprehensive plan amendment adopted hereby, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. 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.
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: 2022-23
Introduced: 3/1/2022
Adopted: 3/15/2022
Legal Ad No: 3/4/22 - 6972371