CITY OF OCALA CITY COUNCIL REPORT Council Meeting Date: 06/06/17 Subject: Large Scale Land Use Map Amendment Submitted By: David Boston Department: Growth Management STAFF RECOMMENDATION (Motion Ready): Adopt Ordinance 2017-52 for an amendment to the Future Land Use Designation from Urban Residential (County), High Residential (County), and Medium Residential (County) to Low Intensity for approximately 446.42 acres located at 7411 SW 60th Avenue (Case LUC16-0004) OCALA S RELEVANT STRATEGIC GOALS: Economic Hub PROOF OF PUBLICATION: Published in the Ocala Star Banner on December 22, 2016 (P&Z ad) BACKGROUND: Applicant: Cradle Holdings, Inc. Property Owners: Cradle Holdings, Inc. Agent: Steven H. Gray The ordinance to annex the subject property was introduced at the City Council meeting on February 7, 2017. The public hearing and second reading of the ordinance was held on February 21, 2017, and the annexation was adopted. Annexation was requested in order to obtain City water and sewer services for future development. Upon annexation, it is appropriate to adopt a City land use designation. This future land use designation will cover 446.42 acres of the annexed property, and the remaining approximately 561.4 acres will receive a future land use designation at a later date. A public hearing on the large scale land use plan amendment was held by the Ocala Planning & Zoning Commission on January 9, 2017, and was recommended for approval by a 5 to 0 vote. A public hearing on transmittal of the large scale land use plan amendment to the Florida Department of Economic Opportunity (DEO) was held on March 7, 2017. A land use policy limiting land use and development potential of the 446.42 acres is proposed to accompany the large scale land use plan amendment. Comments from DEO and other state reviewing agencies were received by April 20, 2017. A comment from the Florida Department of Education, requiring that land be set aside for an elementary school through approval of the PD Conceptual Site Development Plan, was incorporated into the proposed land use policy. A Planned Development (PD) rezoning and conceptual site development plan application has been submitted for staff review. The Planning and Zoning Commission recommended approval at its meeting on January 9, 2016 with a 5 to 0 vote. FINDINGS AND CONCLUSIONS: The requested Future Land Use Designation of Low Intensity is consistent with the Comprehensive Plan.
Ordinance 2017-52 Page 2 Approval of the requested land use change is appropriate. FISCAL IMPACT: Fiscal impact will be analyzed in review of the Planned Development (PD) Conceptual Site Development Plan. PROCUREMENT REVIEW: N/A ALTERNATIVES: Approve Approve with changes Deny Table SUPPORT MATERIALS: #a: Map (PDF) #b: Aerial (PDF)
ORDINANCE 2017-52 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP SERIES OF THE CITY OF OCALA, FLORIDA, COMPREHENSIVE PLAN PURSUANT TO SECTIONS 163.3161 THROUGH 163.3248, FLORIDA STATUTES; DETAILING THE LAND USE CHANGE (CASE NO. LUC16-0004) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM URBAN RESIDENTIAL (COUNTY), HIGH RESIDENTIAL (COUNTY), AND MEDIUM RESIDENTIAL (COUNTY) TO LOW INTENSITY, FOR PROPERTY LOCATED ON A PORTION OF PARCEL 35512-001-00 AT 7411 SW 60TH AVENUE, OCALA, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE 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, pursuant to Section 163.3161 through Section 163.3248, Florida Statutes, which required the City of Ocala, Florida to prepare and adopt a comprehensive plan in accordance 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 Map as part of the Future 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
Ordinance 2017-52 Page 2 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(a) 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 Low Intensity and the attached land use map, dated January 9, 2017, is incorporated by reference into this ordinance: A PORTION OF LAND LYING IN SECTION 9, TOWNSHIP 16 SOUTH, RANGE 21, EAST, MARION COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 9; THENCE ALONG THE EAST BOUNDARY OF THE NORTHEAST 1/4 OF SAID SECTION 9, S.00 31'56"W., 40.16 FEET TO THE SOUTH RIGHT OF WAY LINE OF S.W. 66 STREET PER MARION COUNTY BOARD OF COUNTY COMMISSIONERS ENGINEERING DEPARTMENT MAINTENANCE MAP AS RECORDED IN ROAD MAP BOOK 2, PAGES 37 THROUGH 41, INCLUSIVE OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID EASTERLY BOUNDARY, ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF S.W. 66TH STREET THE FOLLOWING TWO (2) COURSES, (1.) N.89 47'49"W., 1,277.93 FEET; (2.) THENCE N.89 47'51 W., 92.46 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE OF S.W. 66TH STREET, S.00 08'55"W., 5,255.50 FEET TO THE NORTHERLY MAINTENANCE RIGHT OF WAY LINE OF S.W. 80TH STREET (RIGHT OF WAY WIDTH VARIES); THENCE ALONG SAID NORTHERLY MAINTENANCE RIGHT OF WAY LINE OF S.W. 80TH STREET THE FOLLOWING FIVE (5) COURSES, (1.) N.89 58'09"W., 1,309.61 FEET; (2.) THENCE N.89 57'43"W., 621.74 FEET; (3.) THENCE S.01 44'53"E., 0.43 FEET; (4.) THENCE N.89 53'40"W., 821.77 FEET; (5.) THENCE N.89 52'09"W., 1,098.87 FEET TO THE EASTERLY RIGHT OF WAY LINE OF S.W. 60TH AVENUE; THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY LINE OF S.W. 80TH STREET, ALONG SAID EASTERLY RIGHT OF WAY LINE OF S.W. 60TH AVENUE THE FOLLOWING FOUR (4) COURSES, (1.) N.36 27'25"W., 124.68 FEET; (2.) THENCE N.00 24'51"E., 1,072.30 FEET; (3.) THENCE N.00 28'46"E., 1,466.14 FEET; (4.) THENCE N.00 35'29"E., 1,154.41 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF S.R. 200 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 36100-2521, DATED 06/14/1994 (RIGHT OF WAY WIDTH VARIES); THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE OF S.W. 60TH AVENUE, ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE OF S.R. 200 THE FOLLOWING THREE (3) COURSES, (1.) N.41 48'13"E., 1,380.20 FEET; (2.) THENCE N.43 22'03"W., 2.96 FEET; (3.) THENCE N.41 48'24"E., 579.14 FEET TO THE AFORESAID SOUTHERLY RIGHT OF WAY LINE OF S.W. 66 STREET; THENCE DEPARTING SAID SOUTHEASTERLY RIGHT OF WAY LINE OF S.R. 200, ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF S.W.
Ordinance 2017-52 Page 3 66TH STREET THE FOLLOWING FOUR (4) COURSES, (1.) N.79 10'56"E., 20.99 FEET; (2.) THENCE S.89 48'30"E., 1,312.50 FEET; (3.) THENCE S.89 48'41"E., 84.99 FEET; (4.) THENCE S.89 47'51"E., 1,185.62 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 450.44 ACRES, MORE OR LESS. LESS AND EXCEPT PART 'B' WATER RETENTION AREA: Commence at the point of intersection of the base line survey of State Road No. 200 and the West line of Section 9, Township 16 South, Range 21 East, Marion County, Florida, said point being 1270.49 feet N.00 11'53"E. of the West 1/4 corner of said Section 9 as shown on State of Florida Department of Transportation Right of Way Map Section No. 36100-2521; thence N.41 33'00"E., along said base line of survey, 500.79 feet; thence S.47 45'44"E. 99.01 feet to a point on the new right of way line of State Road No. 200 as described and located in Part 'A' above, said point being 99.00 feet Southeasterly of as measured perpendicular to said base line and also being the Southwesterly corner of a State of Florida Department of Transportation 30 foot Storm Sewer Easement and Maintenance Road Right of Way as shown on said right of way map; thence continue S.47 45'44"E., along the Southerly line of said easement 222.93 feet; thence N.85 46'34"E., continuing along said Southerly easement line, 410.43 feet for the Point of Beginning: Said point being on a curve concave Southeasterly, having a radius of 158.16 feet, a central angle of 52 16'21" and a chord bearing of N.16 51'39"E.; thence from a tangent bearing of N.09 16'32"W., run Northeasterly along the arc of said curve 144.29 feet to the point of tangency; thence N.42 59'49"E. 119.59 feet to the beginning of a curve concave Southeasterly, having a radius of 81.56 feet, a central angle of 53 07'03" and a chord bearing of N.69 33'21"E; thence Northeasterly, along the arc of said curve, 75.61 feet to a point of non-tangency; thence S.58 17'34"E. 299.45 feet to the beginning of a non-tangent curve concave Northwesterly, having a radius of 254.02 feet, a central angle of 72 57'02" and a chord bearing of S.39 00'17"W; thence from a tangent bearing of S.02 31'46"W., run Southwesterly along the arc of said curve 323.42 feet to a point of non-tangency; thence S.86 05'47"W. 50.16 feet to the beginning of a non-tangent curve concave Northeasterly, having a radius of 338.62 feet, a central angle of 43 57'44" and a chord bearing of N.53 56'40"W; thence from a tangent bearing of N.75 55'32"W., run Northwesterly along the arc of said curve 259.82 feet to a point of nontangency and the Point of Beginning. ALSO LESS AND EXCEPT: (25 PARCEL LEGAL) COMMENCE AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF PARCEL 1 WITH THE EASTERLY RIGHT-OF-WAY OF STATE ROAD 200, THENCE RUNNING EASTERLY ALONG THE NORTHERN BOUNDARY OF PARCEL 1 A DISTANCE OF 2010 FEET, THENCE SOUTH 25.0 FEET, THENCE WESTERLY ON A LINE 25 FEET SOUTH
Ordinance 2017-52 Page 4 OF, AND PARALLEL TO, THE NORTHERLY BOUNDARY OF PARCEL 1 TO THE EASTERLY RIGHT-OF-WAY OF STATE ROAD 200, THENCE NORTHEASTERLY ALONG THE EASTERLY BOUNDARY OF STATE ROAD 200 TO THE POINT OF COMMENCEMENT. SAID LANDS CONTAINING 1.15 ACRES, MORE OR LESS. AKA: PORTION OF PARCEL 35512-001-00 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 take effect upon approval by the Mayor, or upon becoming law without such approval. Section 5. The effective date of this large-scale future land use amendment shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete, unless the amendment is challenged pursuant to Section 163.3184(3)(c)(4), F.S. If timely challenged, an amendment does not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be 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 32399-4120. ATTEST: By: Angel B. Jacobs City Clerk CITY OF OCALA By: Brent R. Malever President, Ocala City Council Approved/Denied by me as Mayor of the City of Ocala, Florida, on, 2017. By: Reuben Kent Guinn Mayor
Ordinance 2017-52 Page 5 Approved as to form and legality: By: Patrick G. Gilligan City Attorney Ordinance No: 2017-52 Adopted: 6/6/2017 Legal Ad No: