Submitted By: Emily W. Johnson, AICP
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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 2024-58 to change the Future Land Use designation on approximately 5.86 acres located at 4040 W Silver Springs Boulevard (Parcel 22866-000-02) along with the parcel located directly to the south (Parcel # 22866-000-03) from Commercial (County) to Low Intensity (City) (Case LUC24-45691) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ
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BACKGROUND:
• Petitioner: B I Realty, LLC & Racetrac, Inc.
• Property Owner: B I Realty, LLC
• Agent: Robert W. Batsel, Jr. Esq., Gooding & Batsel, PLLC
The petitioner requests to change the future land use classification to Low Intensity (City) in association with a concurrent annexation (ANX24-45690) and rezoning to B-2, Community Business (Case: ZON24-45692). The applicant has indicated an intent to redevelop the subject properties with a self-service gasoline station/convenience store.
The subject properties consist of a vacant parcel, previously developed with a motel, and the undeveloped parcel directly to the south. The subject properties are currently located in unincorporated Marion County with an underlying Commercial Future Land Use classification (Marion County).
The Planning and Zoning Commission recommended approval by a vote of 4-0 on August 12, 2024. During the meeting, the board inquired about the number of gas pumps and the location of the traffic light. The petitioner provided a conceptual plan and explained that the signalized intersection would align with NW 40th Avenue at State Road 40. The project will consist of five high-powered diesel pumps with one-way access and approximately 16 standard gasoline pumps. A discussion ensued following public comments about potential environmental and property value impact, project timeline, and provision of access to the property owners along SW 41st Avenue.
FINDINGS AND CONCLUSIONS: The proposed future land use change for the subject properties is consistent with the surrounding city properties. This request brings the property into compliance with Section 122-246 of the Code of Ordinances, assigning a land use to properties being annexed into the city. Staff analysis indicates that adequate public facilities exist to service the subject properties. The proposed land use change will not adversely affect the community’s health, safety, convenience, prosperity, or general welfare.
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
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Aerial Map
ORDINANCE 2024-58
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. LUC24-45691) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM COMMERCIAL (COUNTY) TO LOW INTENSITY (CITY) FOR PROPERTY LOCATED AT 4040 W SILVER SPRINGS BOULEVARD (PARCEL # 22866-000-02), ALONG WITH THE PARCEL LOCATED DIRECTLY TO THE SOUTH (PARCEL # 22866-000-03), APPROXIMATELY 5.86 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 Low Intensity and the attached land use map, dated September 17, 2024 is incorporated by reference into this ordinance:
PER TITLE COMMITMENT FILE NO. CM249126, ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, ISSUING AGENT: RONDA ALLEY, CLC, FOR DEL LAGO VENTURES, INC., A GEORGIA CORPORATION BEARING AN COMMITMENT DATE OF MARCH 8, 2024.
PARCEL 1)
ALL THOSE CERTAIN LOTS, PIECES OR PARCELS OF LAND, SITUATED, LYING AND BEING IN THE COUNTY OF MARION AND STATE OF FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4 OF THE SE 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST THENCE S 0°14'40" W 68.58 FEET TO THE SOUTH RIGHT OF WAY LINE OF STATE HIGHWAY NO. 40 AND TO THE POINT OF BEGINNING; THENCE RUN EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 40 A DISTANCE OF 365.05 FEET; THENCE S 0°09'40" W 622 FEET; THENCE WEST AND PARALLEL WITH THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 40 A DISTANCE OF 365.05 FEET TO THE WEST BOUNDARY OF THE NE 1/4 OF THE SE 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST; THENCE NORTH ALONG SAID WEST BOUNDARY 622 FEET, MORE OR LESS, TO THE POINT OR PLACE OF BEGINNING.
TOGETHER WITH AN EASEMENT AGREEMENT SHOWN IN O.R. BOOK 787, PAGE 691, AS MODIFIED BY AGREEMENT RECORDED IN O.R. BOOK 1911, PAGE 1917 AND RELEASES RECORDED IN O.R. BOOK 1911, PAGE 1919 AND 1920, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
LESS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE RUN SOUTH 0°14'40" WEST FOR A DISTANCE OF 68.58 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 40 (107.50 FEET W/OE); THENCE CONTINUE TO RUN SOUTH 0°14'40" WEST, ALONG THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION, FOR A DISTANCE OF 622.00 FEET, TO A POINT; THENCE RUN EAST FOR A DISTANCE OF 30.00 FEET, TO A POINT; THENCE RUN NORTH 0°14'40" EAST, FOR A DISTANCE OF 622.00 FEET TO A POINT; THENCE RUN WEST, FOR A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING.
ALSO LESS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, IN MARION COUNTY, FLORIDA; THENCE RUN SOUTH 0°14'40" WEST ALONG THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION, FOR A DISTANCE OF 68.58 FEET, TO A POINT LYING ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 40 (107.50 FEET WIDE); THENCE CONTINUE TO RUN SOUTH 0°14'40" WEST, FOR A DISTANCE OF 242.04 FEET, TO A POINT; THENCE CONTINUE TO RUN SOUTH 89°45'20" EAST, FOR A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE TO RUN SOUTH 89°45'20" EAST, FOR A DISTANCE OF 50.00 FEET, TO A POINT; THENCE RUN SOUTH 0°14'40" WEST, FOR A DISTANCE OF 50.00 FEET, TO A POINT; THENCE RUN NORTH 89°45'20" WEST FOR A DISTANCE 50.00 FEET TO A POINT THENCE RUN NORTH 0°14'40" EAST FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2)
COMMENCING 68.58 FEET SOUTH OF THE NW CORNER OF THE NE 1/4 OF THE SE 1/4 OF SECTION 15, TOWNSHIP 15 S., RANGE 21 E., THENCE SOUTH 622 FEET TO THE POINT OF BEGINNING; THENCE EAST 365.05 FEET, SOUTH 140 FEET, WEST 365.05 FEET, NORTH 140 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THAT PORTION DEEDED TO THE CITY OF OCALA AT O.R. BOOK 1858, PAGE 999 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
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 Low Intensity (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 Barry Mansfield
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2024.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2024-58
Introduced: 9/3/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ