Submitted By: Emily W. Johnson, AICP
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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 2024-24 to change the Future Land Use designation from Commercial (County) to Low Intensity (City), for a property located at the northeast corner of NW 60th Avenue and W Highway 40 (Parcel 2303-013-001, 2303-012-067, 2303-012-072 and 23174-000-00); approximately 2.56 acres (LUC24-45513) (Quasi-Judicial) - Postponed from the April 16, 2024 City Council Meeting
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
Ocala Gazette - April 26, 2024 - Notice ID HsctFv723pIUT340M8PP
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BACKGROUND:
• Petitioner: HWY 40 Investment LLC & Central FL Petroleum Distributors LC
• Property Owner: HWY 40 Investment LLC & Central FL Petroleum Distributors LC
• Agent: Craig Brashier, AICP, CHW Professional Consultants
• The subject properties are in unincorporated Marion County and the petitioner is requesting to annex the properties into the City to connect to City utilities and facilitate future development of a hotel; however, a site plan for the proposed development has not been submitted at this time.
• Two of the four subject properties are improved. Parcel Number 2303-013-001 is currently developed with an operating self-service station/convenience store use (Shell gas station), and Parcel Number 2303-012-067 is currently developed with a single-family residence. Parcel Numbers 2303-012-072 and 23174-000-00 are vacant and undeveloped.
• The subject properties are contiguous to City limits to the south, across SR-40, and to the west, across NW 60th Avenue. The annexation into the city limits does not create an enclave.
• Adequate public facilities are available for the subject properties.
• The petitioner has submitted concurrent applications for annexation (ANX24-45512) and rezoning to B-2, Community Business (Case: ZON24-45514).
• The Planning and Zoning Commission unanimously voted to recommend approval at the meeting on March 11, 2024.
FINDINGS AND CONCLUSIONS: The requested Low-Intensity land use is consistent and compatible with the surrounding area. The proposed B-2, Community Business, zoning district is consistent with the requested Low-Intensity future land use classification, pursuant to Section 122-244 of the Ocala Code of Ordinances. Adequate public facilities exist to service the proposed development.
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 2024-24
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. LUC24-45513) 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 NW 60TH AVENUE AND W HIGHWAY 40 (PARCEL 2303-013-001, 2303-012-067, 2303-012-072 AND 23174-000-00); 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 following described lands 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 14, 2023, is incorporated by reference into this ordinance:
LOTS 67, 68, 69, 70 AND 71, BLOCK L, OCALA RIDGE UNIT 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK G, PAGE 38, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
AND
LOTS 72, 73, 74, 75, 76 AND 77, BLOCK L, OCALA RIDGE UNIT 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK G, PAGE 38, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
AND
COMMENCING AT THE SOUTHEAST CORNER OF LOT 12, BLOCK M, UNIT 3 OCALA RIDGE, AS PER PLAT RECORDED IN PLAT BOOK G, PAGE 38, OF THE PUBIC RECORDS OF MARION COUNTY, FLORIDA; THENCE N.4°10'55"W. 208.71 FEET, THENCE N.86°57’36"E. 208.71 FEET, THENCE S.4°10'55"E. 208.71 FEET, THENCE WESTERLY ALONG THE NORTH BOUNDARY OF STATE ROAD #40, 208.71 FEET TO THE POINT OF BEGINNING, BEING THAT PORTION OF THE LANDS EXCEPTED FROM THE AFORESAID PLAT OF OCALA RIDGE.
TOGETHER WITH
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, AND 12, BLOCK M, UNIT 3 OCALA RIDGE, AS PER PLAT RECORDED IN PLAT BOOK G, PAGE 38, 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 Commercial (County) to Low Intensity (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: 2024-24
Introduced: 4/2/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - April 26, 2024 - Notice ID HsctFv723pIUT340M8PP