Submitted By: Breah J. Miller
Presentation By: Jeff Shrum
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2023-39 amending a future land use designation from Commercial (County) to Neighborhood (City) for property located at 3137 NE Jacksonville Road along with the parcel located directly to the south, approximately 1.67 acres (LUC22-45067)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
•Applicant: Frank H. Green & Sandra L. Green
• Property Owner: Frank H. Green & Sandra L. Green
• The subject property is proposed for annexation, and it is appropriate to assign a city land use and zoning designation. Neighborhood land use is requested with a R-3, Multi-Family zoning.
• The property is located within the Marion County jurisdiction and split zoned B-5, Heavy Business, and B-2, Community Business.
• Neighborhood land use designation encourages predominantly residential and ancillary uses.
• The maximum density and intensity before any incentives is 5 dwelling units per gross acre for single family and 12 dwelling unit per gross acre for multi- family or .25 FAR.
• The proposed land use change will increase the number of dwelling units that can be built on this property and is compatible with the requested R-3, Multi- Family Residential.
Planning & Zoning Commission recommended approval with a vote of 6-0 at the February 13, 2023, meeting.
FINDINGS AND CONCLUSIONS:
The requested Future Land Use Designation of Neighborhood is consistent with the Comprehensive Plan and with the surrounding area. 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 2023-39
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. LUC22-45067) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM COMMERCIAL (COUNTY) TO NEIGHBORHOOD (CITY), FOR PROPERTY LOCATED AT 3137 NE JACKSONVILLE ROAD ALONG WITH THE PARCEL LOCATED DIRECTLY TO THE SOUTH, APPROXIMATELY 1.67 ACRES., 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 February 12, 2023, is incorporated by reference into this ordinance:
PARCEL 24728-000-01:
THE NORTH 148.81 FEET MEASURED PERPENDICULAR TO THE NORTH BOUNDARY OF THE FOLLOWING:
FOR A POINT OF REFERENCE COMMENCE AT THE SE CORNER OF THE NE 1/4 OF THE NE 1/4 OF SECTION 5, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, THENCE WEST ALONG THE SOUTH BOUNDARY OF SAID NE 1/4 OF THE NE 1/4 1615.90 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF U.S. HIGHWAY 301 (100’ RIGHT OF WAY); THENCE ALONG SAID RIGHT OF WAY N.13°09ʹ55"E. 39.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.13°09ʹ55"E. 305.65 FEET; THENCE EAST 250.00 FEET; THENCE SOUTH 297.62 FEET; THENCE WEST 319.62 FEET TO THE POINT OF BEGINNING.
AND
PARCEL 24728-002-00:
FOR A POINT OF REFERENCE COMMENCE AT THE SE CORNER OF THE NE 1/4 OF THE NE 1/4 OF SECTION 5, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, THENCE WEST ALONG THE SOUTH BOUNDARY OF SAID NE 1/4 OF THE NE 1/4 1615.90 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF U.S. HIGHWAY 301 (100’ RIGHT OF WAY); THENCE ALONG SAID RIGHT OF WAY NORTH 13°09ʹ55" EAST 39.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 13°09ʹ55" EAST 305.65 FEET; THENCE EAST 250.00 FEET; THENCE SOUTH 297.62 FEET; THENCE WEST 319.62 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE SOUTH 20 FEET THEREOF.
AND
LESS AND EXCEPT THE NORTH 148.81 FEET MEASURED PERPENDICULAR TO THE NORTH BOUNDARY THEREOF.
PARCEL NUMBER: 24728-000-01 & 24728-002-00
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 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-XX
Introduced: Click or tap to enter a date.
Adopted: Click or tap to enter a date.
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