Submitted By: Divya Govindaraju
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2023-23 changing the land use category from Commercial (County) to Low Intensity (City) for property located at the northeast corner of the intersection of SW College Road (SR200) and SW 43rd Court, approximately 2.72 acres (Case # LUC22-45001)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub.
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant: Quattro Development, LLC
• Property Owner: Arthur Sullivan
• The subject property is proposed for annexation, and it is appropriate to assign a city land use and zoning designation. Low intensity land use is requested with B-2, Community Business, zoning.
• The property is located along SR200, a predominantly non-residential corridor. Existing land uses within a one-mile radius of the site are mostly Low Intensity.
• Both the existing Commercial (COM) county land use designation and the proposed Low Intensity land use designations encourage mixed-use developments focused on commercial, office and residential uses.
• Under Low Intensity land use, the minimum density is 3 dwelling units per acre with no minimum intensity, and the maximum density and intensity is 18 dwelling units per acre or 0.75 FAR. The existing County land use designation allows a maximum density of 8 dwelling units per acre.
• B-2, Community Business, zoning allows multifamily development only upon approval of a Special Exception by the Board of Adjustment.
• Based on conversations with the applicant, restaurant development is anticipated.
Planning & Zoning Commission recommended approval with a 6-0 vote at their meeting on November 14, 2022.
FINDINGS AND CONCLUSIONS: The requested future land use designation of Low Intensity is consistent with the Comprehensive Plan and with the surrounding area. 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 2023-23
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. LUC22-45001) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM COMMERCIAL (COUNTY) TO LOW INTENSITY (CITY), FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SW COLLEGE ROAD (SR200) AND SW 43RD COURT, 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 Low Intensity and the attached land use map, dated November 14, 2022, is incorporated by reference into this ordinance:
A PORTION OF THE N.E. 1/4 OF SECTION 34, TOWNSHIP 15 SOUTH, RANGE 21 EAST, LYING NORTHWESTERLY OF STATE ROAD 200 (RIGHT OF WAY WIDTH VARIES) AND LYING NORTHEASTERLY OF S.W. 43RD COURT (RIGHT OF WAY WIDTH VARIES), MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE S.W. CORNER OF THE N.E. 1/4 OF SAID SECTION 34; THENCE ALONG THE WEST BOUNDARY OF THE N.E. 1/4 OF SAID SECTION 34, N.00°03'26"E., A DISTANCE OF 545.07 FEET TO THE S.W. CORNER OF PARCEL C, ACCORDING TO THE PLAT OF OCALA PARK COMMONS AS RECORDED IN PLAT BOOK 14, PAGE 20 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING. THENCE DEPARTING THE WEST BOUNDARY OF THE N.E. 1/4 OF SAID SECTION 34, ALONG THE SOUTH BOUNDARY OF SAID PARCEL C, S.89°39'21"E., A DISTANCE OF 269.41 FEET TO THE NORTHERLY MOST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4146, PAGE 1720 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING THE SOUTH BOUNDARY OF SAID PARCEL C, ALONG THE NORTHWESTERLY BOUNDARY OF SAID LANDS, S.41°47'47"W., A DISTANCE OF 208.81 FEET TO THE WESTERLY MOST CORNER OF SAID LANDS; THENCE DEPARTING THE NORTHWESTERLY BOUNDARY OF SAID LANDS, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LANDS, S.48°10'22"E., A DISTANCE OF 390.13 FEET TO THE SOUTHERLY MOST CORNER OF SAID LANDS, SAID POINT ALSO BEING ON THE AFOREMENTIONED NORTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 200; THENCE DEPARTING THE SOUTHWESTERLY BOUNDARY OF SAID LANDS, ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, S.41°39'20"W., A DISTANCE OF 140.54 FEET; THENCE CONTINUE ALONG SAID NORTHWESTERLY RIGHT OF WAY, N.86°17'03"W., A DISTANCE OF 115.18 FEET TO A POINT ON THE AFOREMENTIONED NORTHEASTERLY RIGHT OF WAY LINE OF S.W. 43RD COURT; THENCE DEPARTING THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 200, ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID S.W. 43RD COURT, N.86°17'03"W., A DISTANCE OF 53.22 FEET TO A POINT CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 137.46 FEET, CENTRAL ANGLE OF 82°08'22" AND A CHORD BEARING AND DISTANCE OF N.45°35'33"W., 180.62 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 197.06 FEET TO THE POINT OF TANGENCY; THENCE CONTINUE ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, N.04°31'22"W., A DISTANCE OF 386.37 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 2.89 ACRES, MORE OR LESS.
(aka: Parcel # 23896-002-03)
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. 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 __________________, 2022.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2023-23
Introduced: 12/6/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.