Submitted By: Emily W. Johnson, AICP
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Presentation By: Emily Johnson
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2024-9 to amend the future land use designation from Medium Intensity/Special District to Public, for property located in the 2500 block of NW Martin Luther King Jr Avenue (Parcel 21448-001-00); approximately 18.76 acres
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: Marion County
• Property Owner: Marion County
• Agent: Scott E. Weeks, P.E., Kimley-Horn & Associates, Inc.
• The Petitioner has submitted concurrent applications to amend the land use and zoning district to Public and G-U, Governmental Use, respectively.
• It is the Petitioner’s intent to develop the subject property as a consolidated fleet management facility under Marion County’s governmental use and operation, consisting of an office/administrative building, vehicle maintenance areas, a fueling station to service fleet vehicles, and associated site infrastructure.
• The requested land use classification and zoning district are consistent with Section 122-244 of the code of ordinances, and with the intended future use of the property.
• The Planning and Zoning Commission unanimously voted to recommend approval at its November 13, 2023, meeting.
FINDINGS AND CONCLUSIONS: The requested Public Future Land Use Category is consistent with the Comprehensive Plan. Approval of the requested land use is appropriate, and will not adversely affect the health, safety, convenience, prosperity, or general welfare of the community.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance will be reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2024-9
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. LUC23-45389) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM MEDIUM INTENSITY/SPECIAL DISTRICT TO PUBLIC FOR PROPERTY LOCATED IN THE 2500 BLOCK OF NW MARTIN LUTHER KING JR AVENUE, OCALA, FLORIDA (PARCEL: 21448-001-00); 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 following described lands are hereby reclassified according to the City of Ocala Comprehensive Plan, Future Land Use Element as Public and the attached land use map, dated August 14, 2023, is incorporated by reference into this ordinance:
A PARCEL OF LAND LYING IN THE S.E. 1/4 OF SECTION 1, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE S.E. CORNER OF THE S.E. 1/4 OF SECTION 1, TOWNSHIP 15 SOUTH, RANGE 21 EAST; THENCE N.00°15'57"E., ALONG THE EAST BOUNDARY SAID S.E. 1/4, A DISTANCE OF 1087.59 FEET; THENCE DEPARTING SAID EAST BOUNDARY, N.89°54'42"W., A DISTANCE OF 50.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF N.W. MARTIN LUTHER KING, JR. AVENUE (100 FEET WIDE), SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED; THENCE CONTINUE N.89°54'42"W., A DISTANCE OF 545.69 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF C.S.X. RAILROAD (120 FEET WIDE); THENCE N.38°59'23"W., ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 468.34 FEET TO THE POINT OF CURVATURE OF A 2870.75 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A CHORD BEARING AND DISTANCE OF N.32°24'31"W. 658.02 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND SAID NORTHEASTERLY RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 13°09'43", A DISTANCE OF 659.47 FEET TO A POINT ON THE NORTH BOUNDARY OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE S.E. 1/4 OF SAID SECTION 1, SAID POINT ALSO BEING ON THE SOUTH BOUNDARY OF "TREE HAVEN REVISED", AS PER PLAT THEREOF RECORDED IN PLAT BOOK G, PAGE 76, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID NORTHEASTERLY RIGHT OF WAY LINE, S.89°08'24"E., ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 1197.35 FEET TO A POINT ON THE AFORESAID WEST RIGHT OF WAY LINE OF N.W. MARTIN LUTHER KING, JR. AVENUE; THENCE S.00°15'57"W., ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 902.43 FEET TO THE POINT OF BEGINNING.
COMPRISING APPROXIMATELY 18.76 ACRES, PARCEL #21448-001-00 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 Medium Intensity/Special District to Public 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 __________________, 2023.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2024-9
Introduced: 12/5/2023
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.