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 2023-24 concerning a rezoning from B-4, Regional Business (County), to B-2, Community Business (City), for property located at the northeast corner of the intersection of SW College Road (SR200) and SW 43rd Court, approximately 2.72 acres (Case # ZON22-45002) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub.
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant: Quattro Development, LLC
• Property Owner: Arthur Sullivan
• The subject property is proposed for annexation with an associated land use change from Commercial (County) to Low Intensity (City). B-2, Community Business, zoning is appropriate to implement the requested Low Intensity land use.
• The B-2, Community Business zoning district permits a wide range of retail, service, educational, recreational, and health care uses. Multifamily residential is permitted by Special Exception.
• Maximum development height of 50 feet and a maximum building coverage of 35% for residential development. There is no site coverage limit for non-residential uses.
• The B-2, Community Business, zoning of this property will create a smooth transition from the intense business districts on the east to the less intense residential districts to the west.
Planning & Zoning Commission recommended approval with a 6-0 vote at their meeting on November 14, 2022.
FINDINGS AND CONCLUSIONS: The requested zoning of B-2, Community Business, is consistent with the Low Intensity land use, Comprehensive Plan and with the surrounding area. Staff recommends approval.
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
ORDINANCE 2023-24
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-4, REGIONAL BUSINESS (COUNTY), TO B-2, COMMUNITY BUSINESS (CITY), FOR CERTAIN PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SW COLLEGE ROAD (SR200) AND SW 43RD COURT, OCALA, FLORIDA (CASE NO. ZON22-45002); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
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 regulation of the City of Ocala, Florida, as B-2, Community Business (City):
A PORTION OF THE N.E. 1/4 OF SECTION 34, TOWNSHIP 15 SOUTH, RANGE 21 EAST, LYING NORTHWESTERLY OF STATE ROAD 200 (RIGHT OF WAY WIDTH VARIES) AND LYING NORTHEASTERLY OF S.W. 43RD COURT (RIGHT OF WAY WIDTH VARIES), MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE S.W. CORNER OF THE N.E. 1/4 OF SAID SECTION 34; THENCE ALONG THE WEST BOUNDARY OF THE N.E. 1/4 OF SAID SECTION 34, N.00°03'26"E., A DISTANCE OF 545.07 FEET TO THE S.W. CORNER OF PARCEL C, ACCORDING TO THE PLAT OF OCALA PARK COMMONS AS RECORDED IN PLAT BOOK 14, PAGE 20 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING. THENCE DEPARTING THE WEST BOUNDARY OF THE N.E. 1/4 OF SAID SECTION 34, ALONG THE SOUTH BOUNDARY OF SAID PARCEL C, S.89°39'21"E., A DISTANCE OF 269.41 FEET TO THE NORTHERLY MOST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4146, PAGE 1720 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING THE SOUTH BOUNDARY OF SAID PARCEL C, ALONG THE NORTHWESTERLY BOUNDARY OF SAID LANDS, S.41°47'47"W., A DISTANCE OF 208.81 FEET TO THE WESTERLY MOST CORNER OF SAID LANDS; THENCE DEPARTING THE NORTHWESTERLY BOUNDARY OF SAID LANDS, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LANDS, S.48°10'22"E., A DISTANCE OF 390.13 FEET TO THE SOUTHERLY MOST CORNER OF SAID LANDS, SAID POINT ALSO BEING ON THE AFOREMENTIONED NORTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 200; THENCE DEPARTING THE SOUTHWESTERLY BOUNDARY OF SAID LANDS, ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, S.41°39'20"W., A DISTANCE OF 140.54 FEET; THENCE CONTINUE ALONG SAID NORTHWESTERLY RIGHT OF WAY, N.86°17'03"W., A DISTANCE OF 115.18 FEET TO A POINT ON THE AFOREMENTIONED NORTHEASTERLY RIGHT OF WAY LINE OF S.W. 43RD COURT; THENCE DEPARTING THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 200, ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID S.W. 43RD COURT, N.86°17'03"W., A DISTANCE OF 53.22 FEET TO A POINT CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 137.46 FEET, CENTRAL ANGLE OF 82°08'22" AND A CHORD BEARING AND DISTANCE OF N.45°35'33"W., 180.62 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 197.06 FEET TO THE POINT OF TANGENCY; THENCE CONTINUE ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, N.04°31'22"W., A DISTANCE OF 386.37 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 2.89 ACRES, MORE OR LESS.
(aka: Parcel # 23896-002-03)
Section 2. The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from B-4, Regional Business (County) to B-2, Community Business (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. _____ (Ref: Land Use Case LUC22-45001).
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs James P. Hilty 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: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2023-24
Introduced: 12/6/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.