Submitted By: Breah J. Miller
presenter
Presentation By: Breah J. Miller
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Department: Growth Management
FORMAL TITLE:
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Ordinance 2027-XX to change Future Land use designation of approximately 0.48 acres for property located in the 1900 block of NW 44th Avenue (Parcel 21658-002-01) from Commercial (County) to Public (City) (Case LUC26-0007) (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: City of Ocala
Key Points:
As a result of a concurrent petition for annexation, city staff initiated this request on behalf of the City of Ocala to change the Future Land Use designation for the subject property from Commercial (Marion County) to Public (City of Ocala) (LUC26-0007). The petitioner has submitted two concurrent petitions:
• Annexation into the City to incorporate City-owned property into municipal jurisdiction and eliminate an existing enclave.
• Rezoning to change the zoning classification from B-2, Community Business (Marion County), to G-U, Governmental Use (City of Ocala) (ZON26-0020).
The subject property is currently located within the jurisdiction of Marion County and shares common property boundaries with properties within the City limits to the north, south, east, and west. The property has the following existing Marion County designations:
• Future Land Use: Commercial
• Zoning: B-2: Community Business
The subject property is owned by the City of Ocala and is utilized for groundwater monitoring as a result of the prior use of the property as a cattle dipping vat site. The property contains an existing monitoring well, and no new development or change in use is anticipated. The proposed Public Future Land Use designation will reflect the property's existing governmental use and establish an appropriate City land use classification upon annexation.
Zoning and Land Use Details:
For consideration of the future land use amendment, there are several key factors to consider:
• Pursuant to Section 122-246(b) of the Code of Ordinances, annexed properties are subject to the land use change process to establish consistency with the City's Comprehensive Plan.
• The proposed Public Future Land Use designation reflects the property's public ownership and existing governmental use as a groundwater monitoring site.
• The proposed Public Future Land Use designation is consistent with the concurrent request for G-U, Governmental Use, zoning.
• No new development or change in use is anticipated; therefore, no adverse impacts to established Levels of Service are expected.
FINDINGS AND CONCLUSIONS:
• The request is to change the future land use designation from Commercial (County) to Public (City) in conjunction with the concurrent annexation request.
• The proposed Public Future Land Use designation is consistent with the property's existing and continued use as a groundwater monitoring site as the result of the prior use of the property as a cattle dipping vat site.
• The proposed land use change will establish a City Future Land Use designation consistent with the property's existing use and the requirements of the City's Comprehensive Plan, pursuant to Section 122-246 of the Code of Ordinances.
• The requested land use change is accompanied by a concurrent rezoning application (ZON26-0020) to establish a G-U, Governmental Use, zoning classification consistent with the proposed Public Future Land Use designation.
• No adverse impacts to adopted Levels of Service have been identified, as the proposed land use change will not result in additional development or increased demand for public facilities and services.
• No changes to the existing use or future development of the property are anticipated as a result of the proposed land use change.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
This ordinance will be reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with Changes
• Table
• Deny
ORDINANCE 2027-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. LUC26-0007) TO AMEND THE FUTURE LAND USE MAP SERIES FROM COMMERCIAL (COUNTY) TO PUBLIC (CITY) FOR PROPERTY LOCATED IN THE 1900 BLOCK OF NW 44TH AVENUE (PARCEL NUMBER 21658-002-01), APPROXIMATELY 0.48 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:
SEC 10 TWP 15 RGE 21
COM AT THE NW COR OF THE NE 1/4 OF SEC 10 TH
S 00-22-42 W 384.15 FT TO THE POB TH N 83-20-58 E
115.40 FT TH S 00-19-28 W 187.25 FT TH N 89-40-32 W
114.71 FT TH N 00-22-42 E 173.24 FT TO THE POB
Parent Parcel: 21658-002-00.
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 Ire J. Bethea Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2026.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2027-XX
Introduced: Click or tap to enter a date.
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.