Submitted By: Aubrey Hale
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Presentation By: Aubrey Hale
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2022-77 concerning an amendment to the Future Land Use Category from Medium Residential & Commercial (County) to Low Intensity (City), for property located at 2300 SW 38th Avenue, approximately 34.06 acres. (Case LUC22-44860)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: Alfred Joseph Flechas, Jr.
• Property Owner: Alfred Joseph Flechas, Jr.
• Annexation has been requested to obtain city services and will be considered on the same agenda with the land use change.
• Low Intensity land use is requested. The public hearing regarding the land use change is scheduled for the same agenda as the annexation petition.
• The surrounding area is a mix of uses but predominantly single-family residential with adjacent undeveloped land with office and office park zoning.
• New development will be subject to a zoning designation, site plan approval and building permit issuance by the City of Ocala if annexation occurs.
• Upon annexation, it is appropriate to adopt a City land use category. A separate zoning application will be submitted in the coming months.
• Planning & Zoning Commission recommended approval by a vote of 6 to 0 at the July 11, 2022, meeting.
FINDINGS AND CONCLUSIONS:
The requested Future Land Use Category of Low Intensity is consistent with the Comprehensive Plan. Approval of the requested land use is appropriate. Staff recommends 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
ORDINANCE 2022-77
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. LUC22-44860) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM MEDIUM RESIDENTIAL (COUNTY) AND COMMERCIAL (COUNTY) TO LOW INTENSITY (CITY), FOR PROPERTIES LOCATED AT 2300 SW 38TH AVENUE; 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 106-39(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 Low Intensity and the attached land use map, dated July 11, 2022, is incorporated by reference into this ordinance:
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 15 SOUTH, RANGE 2 I EAST, MARION COUNTY, FLORIDA.
LESS AND EXCEPT
THE SOUTH 300.00 FEET OF THE WEST 861.68 FEET OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST OF THE SAID SOUTHEAST 1/4 OF SECTION 22, THENCE ALONG THE SOUTH BOUNDARY OF SAID SOUTHEAST 1/4 OF SECTION 22, S.89°59'50"E. A DISTANCE OF 25.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SE 43 COURT (CURRENTLY A NON-MAINTAINED RIGHT OF WAY) AND THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY ROAD RIGHT OF WAY LINE, AND PARALLEL WITH THE WEST BOUNDARY OF SAID SOUTHEAST 1/4 OF SECTION 22, N.00°15'14"E. A DISTANCE OF 300.01 FEET; THENCE, LEAVING SAID RIGHT OF WAY LINE RUN ALONG A LINE THAT IS 300.00 FEET NORTH OF, AS MEASURED PERPENDICULARLY TO THE SOUTH BOUNDARY OF THE SOUTHEAST 1/4 OF SECTION 22, N.89°59'50"E. A DISTANCE OF 836.69 FEET; THENCE, ALONG A LINE 861.69 FEET EAST OF THE WEST BOUNDARY LINE OF SAID SOUTHEAST 1/4 OF SAID SECTION 22, S.00°15'14"W. A DISTANCE OF 300.01 FEET TO THE SOUTH BOUNDARY OF SAID SOUTHEAST 1/4 OF SECTION 22; THENCE, ALONG SAID SOUTH BOUNDARY OF THE SOUTHEAST 1/4 OF SECTION 22, N.89°59'50"W., A DISTANCE OF 836.69 FEET TO THE POINT OF BEGINNING.
AND LESS AND EXCEPT ROAD RIGHT OF WAY AS DESCRIBED IN O.R. BOOK 556, PAGE 460, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
(aka: Parcel # 23410-000-00)
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: 2022-77
Introduced: 8/2/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.