Submitted By: Kristina L. Wright, CNU-A, FRA-RA
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Presentation By: Endira Madraveren
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2024-63 to change the Future Land Use designation on approximately 7.8 acres for properties located approximately 300 feet south of the intersection of US Highway 27 and NW 45th Terrace, (Parcel 21512-000-00) from Low Intensity to Public (Case LUC24-45740)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Operational Excellence
PROOF OF PUBLICATION:
Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ
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BACKGROUND:
• Petitioner: City of Ocala
• Property Owner: City of Ocala
• Agent: City of Ocala
The subject property, identified by Parcel Identification Number 21512-000-00, is owned by the City of Ocala and contains approximately 7.8 acres. The property is undeveloped and was annexed in 2006. The citywide comprehensive plan update was adopted in 2013, and the future land use was changed from Retail Services to Low Intensity.
• There is a concurrent application (ZON24-45741) to rezone the property from B-4, General Business to G-U, Governmental Use to allow for the future development of Fire Station 8.
The requested Public future land use classification allows a maximum intensity of 0.15-floor area ratio.
The Planning & Zoning Commission recommended approval with a four to zero vote at their August 12, 2024, meeting.
FINDINGS AND CONCLUSIONS:
The proposed future land use change for the subject properties is compatible with the surrounding properties and consistent with the proposed city use of the property as a municipal emergency service location (fire station).
Adequate public facilities exist to service the subject properties. The proposed future land use change will not adversely affect the community’s health, safety, convenience, prosperity, or general welfare.
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 2024-63
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 FUTURE LAND USE CHANGE (CASE NO. LUC24-45740) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM LOW INTENSITY TO PUBLIC FOR PROPERTY LOCATED APPROXIMATELY 300-FEET SOUTH OF THE INTERSECTION AT US HIGHWAY 27 AND NW 45TH TERRACE (PARCEL NUMBER 21512-000-00), APPROXIMATELY 7.8 ACRES; PROVIDING DIRECTION TO STAFF; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATION AT A PUBLIC HEARING; PROVIDING DIRECTION TO THE CODIFIER; 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 lands described in Section 1 are hereby reclassified according to the City of Ocala Comprehensive Plan, Future Land Use Element as Public and the attached land use map, dated August 12, 2024 is incorporated by reference into this ordinance:
A PORTION OF LOT 2 OF SHOPPES ON 27, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGES 33 THROUGH 36, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 2, ALSO BEING THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE ALONG THE WEST BOUNDARY OF SAID LOT 2, ALSO BEING THE WEST BOUNDARY OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, SOUTH 00°46'09" WEST, A DISTANCE OF 1324.86 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE DEPARTING THE WEST BOUNDARY OF LOT 2 AND THE WEST BOUNDARY OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, ALONG THE SOUTH BOUNDARY OF SAID LOT 2, SOUTH 89°51'11" EAST, A DISTANCE OF 390.73 FEET TO THE POINT OF BEGINNING. THENCE DEPARTING THE SOUTH BOUNDARY OF SAID LOT 2, ALONG THE EAST RIGHT OF WAY LINE OF A PRIVATE ACCESS ROAD (WIDTH VARIES), AS SHOWN IN OFFICIAL RECORDS BOOK 5490, PAGE 1367 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, THE FOLLOWING SEVEN CALLS: BEING A POINT ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 35°24'00" AND A CHORD BEARING AND DISTANCE OF NORTH 17°20'04" WEST, 91.21 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE, A DISTANCE OF 92.68 FEET TO A POINT OF TANGENCY; THENCE NORTH 00°21'39" EAST, A DISTANCE OF 158.49 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 30°18'26" AND A CHORD BEARING AND DISTANCE OF NORTH 15°34'12" EAST, 78.42 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE, A DISTANCE OF 79.34 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 16°09'56" AND A CHORD BEARING AND DISTANCE OF NORTH 22°33'33" EAST, 59.05 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE, A DISTANCE OF 59.25 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88°48'50" EAST, A DISTANCE OF 46.25 FEET; THENCE NORTH 00°27'28" EAST, A DISTANCE OF 526.89 FEET TO A POINT OF CURVATURE WITH A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 161.30 FEET, A CENTRAL ANGLE OF 22°27'31" AND A CHORD BEARING AND DISTANCE OF NORTH 11°44'13" EAST, 62.82 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE, A DISTANCE OF 63.23 FEET TO THE WESTERLY MOST CORNER OF LOT 1 OF SAID SHOPPES ON 27 SUBDIVISION; THENCE DEPARTING THE EAST RIGHT OF WAY LINE OF A PRIVATE ACCESS ROAD, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1 THE FOLLOWING TWO COURSES: SOUTH 61°26'20" EAST, A DISTANCE OF 293.51 FEET; THENCE SOUTH 89°20'11" EAST, A DISTANCE OF 79.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE DEPARTING THE SOUTH BOUNDARY. OF SAID LOT 1, ALONG THE EAST BOUNDARY OF AFOREMENTIONED LOT 2, SOUTH 00°40'09" WEST, A DISTANCE OF 822.92 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE DEPARTING THE EAST BOUNDARY OF LOT 2, ALONG THE AFOREMENTIONED SOUTH BOUNDARY OF SAID LOT 2, NORTH 89°51'11" WEST, A DISTANCE OF 407.94 FEET TO THE POINT OF BEGINNING.
ALSO IDENTIFIED AS PARCEL 2 OF THE LANDS DESCRIBED IN EXHIBIT A OF THE SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 7454, AT PAGE 1470, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
Section 2. Direction to Staff. The City Council of the City of Ocala, Florida directs staff to take any and all steps necessary to effectuate the adoption and implementation of this ordinance; and all other matters as provided for above and herein as well as to ensure the orderly and effective administration and implementation of the intent of this ordinance and the specific matters outlined herein.
Section 3. Repealing Inconsistent and/or Conflicting Provisions. The City Council of the City of Ocala, Florida hereby specifically repeals, to the extent of any such conflict, any and all ordinances, resolutions, policies, procedures, and/or other articles which are conflicting and/or inconsistent with this ordinance and the intent and direction provided by the City Council herein.
Section 4. Severability of Ordinance Provisions. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the City Council of the City of Ocala, Florida that (1) such portion shall be deemed a separate, distinct and independent provision; (2) such holding shall not affect the validity of the remaining portions hereof; and (3) this ordinance be adopted as though any such provision was not included herein.
Section 5. Modifications Arising from Consideration at a Public Hearing. It is the intention of the City Council of the City of Ocala, Florida that (1) the provisions of this ordinance may be modified as a result of its consideration by the City Council of matters that may arise during the public hearing(s) at which this ordinance is considered; and (2) any such modifications shall be incorporated into the final version of this ordinance.
Section 6. Direction to the Codifier. It is the intention of the City Council of the City of Ocala, Florida that (1) the Future Land Use Map of the City of Ocala is hereby amended to reflect the change in land use from Low Intensity to Public as to lands described in Section 1 of this ordinance; (2) the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish said intention; (3) terms or headings not affecting the intent of this ordinance may be changed to further accomplish said intention; and (4) any scrivener’s error(s) contained herein which do not affect the intent of this ordinance be corrected with the authorization of the City Manager or their designee and without the need for additional public hearings or consideration by City Council.
Section 7. This ordinance shall become effective upon approval by the mayor, or upon becoming law without such approval.
Section 8. 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 Barry Mansfield
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2023.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2024-63
Introduced: 9/3/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ