Submitted By: Divya Govindaraju
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-29 for an amendment to the Future Land Use Designation from Commerce District (County) to Employment Center (City), for approximately 9.23 acres of property located between SW 44th Avenue and SW 46th Avenue in the 400 block (430 SW 44th Avenue) (Cases LUC22-44643).
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub
PROOF OF PUBLICATION:
3/4/22 - 6972371
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BACKGROUND:
• Petitioner: Whitley Capital LLC
• Property Owner: Harney Fred B Appreciation Trust
• Agent: Fred N. Roberts, Jr., Esq.
• The subject property is currently not located within the city limits. Annexation of the property will be considered on the same City Council agenda.
• The property is being purchased by Whitley Capital LLC, which plans to develop this parcel and the parcel adjacent to the north as a warehouse/distribution center.
• This parcel has access on SW 46th Ave and SW 44th Ave.
• SW 46th Avenue is currently a two-lane road, but the City plans to expand the road to four lanes between State Road 40 and State Road 200. The City also plans to extend this road north of State Road 40 to connect to NW 44th Avenue south of US 27, which will facilitate a connection all the way north to County Road 326. To the south of the subject property, this road crosses State Road 200 and becomes County Road 475, which then continues all the way east to Maricamp Road. After the planned improvements are made, SW 46th Avenue will become a segment of a major circulator in the City of Ocala.
• The land use requested is consistent and compatible with the industrial uses of other parcels along SW 46th Avenue.
• Upon annexation, it is appropriate to adopt a City land use designation.
• A companion request to rezone the property as M-2, Medium Industrial, is on the same City Council agenda.
• The Ocala Planning & Zoning Commission recommended approval by a 7 to 0 vote during their February 14, 2022 meeting.
FINDINGS AND CONCLUSIONS:
The requested Future Land Use Designation of EC, Employment Center, is consistent with the Comprehensive Plan. Approval of the requested land use change is appropriate
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: This ordinance is pending review by the City Attorney, Robert W. Batsel Jr.
ALTERNATIVE:
• Approve
• Deny
• Table
SUPPORT MATERIALS:
• Case Map
• Case Aerial
ORDINANCE 2022-29
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. LUC22-44643) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM COMMERCE DISTRICT (COUNTY) TO EMPLOYMENT CENTER (CITY), FOR PROPERTY LOCATED BETWEEN SW 44TH AVE AND SW 46TH AVE IN THE 400 BLOCK (430 SW 44TH AVE), SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, 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 THE CITY 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 Employment Center and the attached land use map, dated February 14, 2022, is incorporated by reference into this ordinance:
COMMENCE AT THE SOUTHEAST CORNER OF THE SW 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE RUN NORTH 89°32'55" WEST, ALONG THE SOUTH BOUNDARY OF SAID SECTION 15, FOR A DISTANCE OF 1320.81 FEET; THENCE RUN NORTH 00°28'36" EAST, ALONG THE WEST BOUNDARY OF THE EAST 1/2 OF THE SW 1/4 OF SAID SECTION 15, FOR A DISTANCE OF 995.51 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID LINE, FOR A DISTANCE OF 331.84 FEET; THENCE RUN SOUTH 89°39'56" EAST, ALONG THE NORTH BOUNDARY OF THE SOUTH 1/2 OF THE SW 1/4 OF SAID SECTION 15, FOR A DISTANCE OF 100.00 FEET; THENCE SOUTH 00°28'36" WEST, FOR A DISTANCE OF 331.89 FEET; THENCE RUN NORTH 89°38'11" WEST ALONG THE SOUTH BOUNDARY OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SE 1/4 OF THE SW 1/4 OF THE SAID SECTION FOR A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
(aka: 22863-000-00)
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: 2022-29
Introduced: 3/1/2022
Adopted: 3/15/2022
Legal Ad No: 3/4/22 - 6972371