Submitted By: Aubrey Hale
presenter
Presentation By: Tye Chighizola
end
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Introduce Ordinance 2022-80 amending the Future Land Use Designation from High Residential (County) to Neighborhood (City) for property located at 221 NE 35th Street (Parcel # 15464-005-00) and the parcel directly to the north (Parcel # 15493-000-00), approximately 40 acres (Case LUC22-44800)
end
OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
N/A
body
BACKGROUND:
• Petitioner: CHAP, LLC and Charles H. Albiol
• Property Owner: CHAP, LLC and Charles H. Albiol
• Annexation to obtain city services will be considered on the same agenda as the requested land use change and rezoning.
• It is the intent to develop this property as multi-family residential along with the property to the east which is under the same ownership.
• Neighborhood land use and R-3 Multi-Family Residential zoning are requested.
• New development will be subject to 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 and zoning designation.
• Planning & Zoning Commission recommended approval 5 to 1 at the July 11, 2022, Planning & Zoning Commission meeting.
FINDINGS AND CONCLUSIONS:
The requested future land use designation is consistent with the Comprehensive Plan. 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 with changes
• Deny
• Table
ORDINANCE 2022-80
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. LUC22-44800) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM HIGH RESIDENTIAL (COUNTY) TO NEIGHBORHOOD (CITY), FOR PROPERTIES LOCATED AT 221 NE 35TH STREET AND THE PARCEL DIRECTLY TO THE NORTH (PARCEL# 15464-005-00 AND 15493-000-00), OCALA, FLORIDA; 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 Neighborhood and the attached land use map, dated July 11, 2022, is incorporated by reference into this ordinance:
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTH OF COUNTY ROAD 2.5-N AKA NE 42ND STREET; THE WEST ½ OF THE SW ¼ OF THE NW ¼, EXCEPT THE WEST 222 FEET OF THE EAST 680 FEET OF THE SOUTH 198 FEET THEREOF; AND THE WEST ½ OF THE NW ¼ OF THE SW ¼, ALL IN SECTION 32, TOWNSHIP 14 SOUTH, RANGE 22 EAST, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
(PARCEL ID NUMBER: 15493-000-00)
AND
THE WEST 777.14 FEET OF THE SW ¼ OF THE SW ¼ OF SECTION 32, TOWNSHIP 14 SOUTH, RANGE 22 EAST, LYING EAST OF RAILROAD RIGHT-OF-WAY AND NORTH OF NE ¼ OF 35TH STREET; ALL LYING AND BEING IN MARION COUNTY, FLORIDA.
(PARCEL ID NUMBER: 15464-005-00)
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: 2022-80
Introduced: 8/2/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.