Submitted By: Kristina L. Wright
presenter
Presentation By: Kristina L. Wright
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Public Hearing to change future land use designation of approximately 1.29 acres for property located at 4001 NW Blitchton Road (Parcel 21537-002-00) from Commercial (County) to Medium Intensity/Special District (City) (Case LUC24-45821) (Quasi-Judicial).
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place.
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner/Property Owner: C.L.D. Properties, LTD
• Agent: Tracy Rains, Dinkins Realty, LLC
The petitioner requests concurrent applications for annexation (ANX24-45820) and rezoning (ZON24-45822) to connect to city services. The subject property, identified by Parcel Identification Number 21537-002-00, contains an approximate 1.29 acres, and is located at 4001 NW Blitchton Road. The subject property is contiguous to the City limits.
The property was originally developed as a saloon in Marion County but was destroyed by fire and demolished in 1995. The property has been used for overflow tractor-trailer truck parking for nearby commercial businesses.
FINDINGS AND CONCLUSIONS:
The requested Medium Intensity/Special District future land use change is consistent with the proposed future use of the property and is compatible with the surrounding properties, the Comprehensive Plan, and the Land Development Code. The subject property is serviced by city utilities, and there are no level of service issues identified for public facilities as a result of the land use amendment.
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
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Aerial Map
• Site Sketch
ORDINANCE 2024-XX
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. LUC24-45821) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM COMMERCIAL (COUNTY) TO MEDIUM INTENSITY/SPECIAL DISTRICT (CITY) FOR PROPERTY LOCATED AT 4001 NW BLITCHTON ROAD (PARCEL NUMBER 21537-002-00), APPROXIMATELY 1.29 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 below are hereby reclassified according to the City of Ocala Comprehensive Plan, Future Land Use Element as Public and the attached land use map is incorporated by reference into this ordinance:
COMMENCING AT THE SOUTHEAST COMER OF SECTION 3, TOWNSHIP 15 SOUTH, RANGE 21 EAST, THENCE NORTH 89 DEGREES, 52'33"W., 47.08 FEET TO THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 75; THENCE NORTH 0 DEGREES 31'12"E., ALONG SAID RIGHT OF WAY LINE 275.35 FEET; THENCE NORTH 11 DEGREES, 07'06"E., ALONG SAID RIGHT OF WAY LINE 130.00 FEET; THENCE NORTH 89 DEGREES 52'33"W., 441.75 FEET; THENCE SOUTH 21 DEGREES 45'13"W., 563.59 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 27; THENCE NORTH 61 DEGREES 53'33"W., ALONG SAID RIGHT OF WAY LINE 200.25 FEET FOR THE POINT OF BEGINNING; THENCE 61DEGREES 53'33"W., ALONG SAID RIGHT OF WAY LINE 57.42 FEET TO THE SOUTH BOUNDARY OF SAID SECTION 3, SAID POINT BEING 60.00 FEET FROM AND AT RIGHT ANGLE TO THE CENTERLINE OF SAID U.S. HIGHWAY 27; THENCE NORTH 89 DEGREES, 52'33"W., ALONG SAID SOUTH BOUNDARY AND ALONG SAID NORTHERLY RIGHT OF WAY LINE, 21.30 FEET TO A POINT THAT IS 50.00 FEET FROM AND AT RIGHT ANGLE TO SAID CENTERLINE; THENCE NORTH 61 DEGREES 53'33"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE AND PARALLEL WITH SAID CENTERLINE 122.93 FEET; THENCE NORTH 23 DEGREES 21'28"E., 285.03 FEET; THENCE SOUTH 61 DEGREES 53'33"E., 200.00 FEET; THENCE SOUTH 23 DEGREES 21'28"W., 275.00 FEET TO THE POINT OF BEGINNING.
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 Commercial (County) to Public (City) 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 __________________, 2024.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2024-XX
Introduced: 12/3/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.