Submitted By: Endira Madraveren
presenter
Presentation By: Jeff Shrum
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2023-31 to change the Future Land Use Designation from Commercial (County), to Low Intensity (City), for property located north of the access road included in the Shops at Foxwood Replat, said access road running behind properties addressed 4579 to 4631 NW Blitchton Road; approximately 6.10 acres (LUC22-45047)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub.
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: Shelijen, LLC
• Property Owner: Shelijen, LLC
• Agent: W. James Gooding III
• Annexation of the subject property is requested. 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 one block north of a predominantly non-residential corridor - US Highway 27. Existing land uses within a one-mile radius of the site include mostly Medium and Low Intensity uses.
• Low Intensity land use designation encourages mixed-use developments focused on commercial, office and residential uses.
• Planning & Zoning Commission recommended approval by a vote of 5-0 at the January 9, 2023, meeting.
FINDINGS AND CONCLUSIONS:
The requested Future Land Use Designation of Low Intensity is consistent with the Comprehensive Plan. Approval of the requested land use change is appropriate. 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 2023-31
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. LUC22-45047) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM COMMERCIAL (COUNTY) TO LOW INTENSITY (CITY), FOR PROPERTY LOCATED NORTH OF THE ACCESS ROAD INCLUDED IN THE SHOPS AT FOXWOOD REPLAT, SAID ACCESS ROAD RUNNING BEHIND PROPERTIES ADDRESSED 4579 TO 4631 NW BLITCHTON ROAD, OCALA, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
W I T N E S S E T H:
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 January 9, 2023, is incorporated by reference into this ordinance:
LOT 2, FOXWOOD III, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE(S) 197 THROUGH 198, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE ALONG THE EAST, SOUTH, WEST AND NORTH BOUNDARIES THE FOLLOWING TWELVE (12) COURSES: (1) S.00°28'52"W., 473.48 FEET; (2) THENCE S.00°28'40"W., 7.94 FEET; (3) THENCE N.89°31'20"W., 192.61 FEET; (4) THENCE N.61°52'28"W., 14.00 FEET; (5) THENCE S.28°07'32"W., 122.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 33.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD BEARING AND DISTANCE OF S.73°07'32"W., 46.67 FEET; (6) THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 51.84 FEET TO A POINT OF TANGENCY; (7) THENCE N.61°52'28"W., 279.98 FEET; (8) THENCE N.28°23'29"E., 322.98 FEET; (9) THENCE N.16°58'01"W., 25.77 FEET; (10) THENCE N.71°00'51"W., 255.77 FEET; (11) THENCE N.00°18'01"W., 70.37 FEET; (12) THENCE N.90°00'00"E., 654.25 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 6.10 ACRES, MORE OR LESS.
(aka: Parcel # 21509-001-02)
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 __________________, 2023.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2023-31
Introduced: 2/7/2023
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.