Submitted By: Aubrey Hale
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Presentation By: Aubrey Hale
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-45 for an amendment to the Future Land Use Designation from Low Residential (County) to Neighborhood (City) for approximately 9.10 acres of property located at 4240 SW 43rd Ct and 4300 SW 43rd Ct (Case LUC20-0004)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place.
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: BDG Albee, LLC and Belleair Development, LLC (on behalf of Cay Ventures, LLC)
• Property Owner: Cay Ventures, LLC & BDG Albee, LLC
• This property is contiguous to the city limits along its southern, eastern, and western boundaries. The western and southerly property lines border the Saddlewood Estates subdivision. The easterly property line fronts on SW 43rd Ct and is across from a DRA that serves a gas station and restaurant. The two parcels each contain a single-family home.
• The property owner has requested annexation into the City to receive city water and electric service and to develop the property as a gated two-story multifamily Planned Development.
• A Neighborhood future land use designation and Planned Development, PD, zoning are proposed.
• This project was heard by the Planning & Zoning Commission previously on June 14, 2021.
o At the June 14, 2021 meeting, the Planning & Zoning Commission voted 5 to 0 to approve the annexation and future land use designation for the property, but also voted 5 to 0 to deny the Planned Development proposal.
• After the Planning & Zoning Commission meeting on June 14, 2021, the applicant decided to revise the Planned Development instead of proceeding to City Council.
• The Planned Development proposal has now been substantially revised in response to feedback received and in coordination with City staff.
• Applications for annexation, the future land use designation, and Planned Development zoning were brought back to the Planning & Zoning Commission for a second consideration.
• Belleair Development LLC intends to redevelop the property into an 84-unit multifamily residential Planned Development with a proposed density of 9.23 units per acre. The Neighborhood future land use designation allows up to 12 units per acre for multifamily development.
• At the April 11, 2022 Planning & Zoning Commission meeting the commission voted to approve the request by a 6 to 0 vote.
FINDINGS AND CONCLUSIONS:
The requested Future Land Use designation of Neighborhood is consistent with the Comprehensive Plan and compatible with the surrounding area. Staff recommends approval.
FISCAL IMPACT:
N/A
ALTERNATIVE:
• Approve
• Deny
• Table
ORDINANCE 2022-45
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. LUC20-0004) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM LOW RESIDENTIAL (COUNTY) TO NEIGHBORHOOD (CITY), FOR PROPERTY LOCATED AT 4240 SW 43RD COURT AND 4300 SW 43RD COURT, 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 April 11, 2022, is incorporated by reference into this ordinance:
THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA. EXCEPT THE EAST 50.00 FEET THEREOF FOR ROAD RIGHT OF WAY. ALSO LESS AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF OCALA IN BOOK 5175, PAGE 515, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
AND
THE EAST 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, EXCEPT THE EAST 50 FEET THEREOF FOR ROAD RIGHT OF WAY, SECTION 34, TOWNSHIP 15 SOUTH, RANGE 21 EAST OF MARION COUNTY, FLORIDA.
THE ABOVE PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 34; THENCE S00°36'14"W, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF 1,319.55 FEET; THENCE N89°47'45"W, A DISTANCE OF 75.94 FEET TO THE WEST RIGHT-OF-WAY LINE OF S.W. 43RD COURT PER OFFICIAL RECORDS BOOK 5175, PAGE 515 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE S06°41'46"E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 204.14 FEET; THENCE S00°36'14"W, CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 457.05 FEET TO THE NORTHEAST CORNER OF D.R.A. NO. 3, BLOCK "B", SADDLEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 47 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE N89°43'54"W, A DISTANCE OF 609.56 FEET TO THE SOUTHEAST CORNER OF LOT 7, BLOCK "B", OF SAID SADDLEWOOD ESTATES; THENCE N00°35'40"E, A DISTANCE OF 659.03 FEET TO THE NORTHEAST CORNER OF LOT 32, BLOCK "A", OF SAID SADDLEWOOD ESTATES; THENCE S89°47'45"E, A DISTANCE OF 583.73 FEET TO THE POINT OF BEGINNING.
CONTAINING 399,328 SQUARE FEET OR 9.167 ACRES, MORE OR LESS.
(aka: Parcel # 23866-001-00 & 23867-000-00)
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: 2022-45
Introduced: 5/3/2022
Adopted: 5/17/2022
Legal Ad No: 7264846 - 5/6/2022