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 2022-30 for a rezoning from A-1 General Agriculture (County), to M-2, Medium Industrial (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 ZON22-44642) (Quasi-Judicial).
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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 and a land use change will be considered on the same City Council agenda as this rezoning request.
• The property is being purchased by Whitley Capital LLC, which plans to develop the parcel and the parcel adjacent to the north as a warehouse/distribution center.
• New development will be subject to site plan approval and building permit issuance by the City of Ocala if annexation occurs.
• 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 requested zoning change is consistent and compatible with the industrial uses of other parcels along SW 46th Avenue.
• The Ocala Planning & Zoning Commission recommended approval by a 7 to 0 vote during their February 14, 2022 meeting.
FINDINGS AND CONCLUSIONS:
The requested zoning classification of M-2, Medium Industrial, is consistent with the Comprehensive Plan. Approval of the requested zoning change is appropriate.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: This ordinance is pending review by City Attorney Robert W. Batsel Jr.
ALTERNATIVE:
• Approve
• Deny
• Table
SUPPORT MATERIALS:
• Case Map
• Case Aerial
ORDINANCE 2022-30
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM A-1, GENERAL AGRICULTURE (COUNTY), TO M-2, MEDIUM INDUSTRIAL (CITY), FOR CERTAIN 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 (CASE NO. ZON22-44642); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session as follows:
Section 1. The following described lands are hereby rezoned and reclassified according to the zoning regulations of the City of Ocala, Florida, as M-2, Medium Industrial,
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. The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from A-1, General Agriculture (County), to M-2, Medium Industrial (City), as to lands described in Section 1 of this ordinance.
Section 3. 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 the ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. This ordinance shall become effective upon the later of:
(a). Approval by the mayor, or upon becoming law without such approval; or
(b). The effective date of Ordinance No. 2022-29 (Ref: Land Use Case LUC22-44643)
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: 2022-30
Introduced: 3/1/2022
Adopted: 3/15/2022
Legal Ad No: 3/4/22 - 6972371