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File #: 2023-0910   
Type: Ordinance Status: Passed
File created: 4/7/2023 In control: City Council
On agenda: 4/18/2023 Final action: 4/18/2023
Title: Adopt Ordinance 2023-44 to rezone from GU, Governmental Use, to M-1, Light Industrial, for property located on the west side of SW 60th Avenue approximately 615 feet north of SW 38th Street, approximately 7 acres (Case # ZON22-44988) (Quasi-Judicial)
Introduced By: Ire J. Bethea Sr
Attachments: 1. P&Z case material ZON22-44988, 2. P&Z minutes for 11.14.22 -ZON22-44988

Submitted By: Breah J. Miller

presenter

Presentation By: Jeff Shrum

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

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Adopt Ordinance 2023-44 to rezone from GU, Governmental Use, to M-1, Light Industrial, for property located on the west side of SW 60th Avenue approximately 615 feet north of SW 38th Street, approximately 7 acres (Case # ZON22-44988) (Quasi-Judicial)

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OCALA’S RELEVANT STRATEGIC GOALS:

Economic Hub.

PROOF OF PUBLICATION:

N/A

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BACKGROUND:

                     Applicant:                                                                Boyd-Mox Development, LLC

                     Property Owner:                                          City of Ocala

                     On June 23, 2022, the Airport Advisory Board recommended denial of the sale of property, recommending leasing the property instead.

                     The City of Ocala Airport Director found the sale of the properties consistent with the Airport Master Plan and the City Council’s policy direction to sell non-aviation property at the Ocala Airport. City Council approved the sale of property on July 5, 2022, City Council meeting.

                     Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) responses are needed before City Council’s approval of the final sale of the property. 

                     The potential purchaser has requested M-1, Light Industrial, District.

                     FAA and FDOT approval are not necessary prior to rezoning of the property as such action will not impact the operation of the airport.

                     A traffic analysis and site plan review are required prior to development.

                     M-1, Light Industrial, is compatible with the current land use of Low Intensity.

 

Planning & Zoning Commission recommended approval with a 6-0 vote at their meeting on November 14, 2022.

 

FINDINGS AND CONCLUSIONS:

The M-1 zoning district is consistent with the Low Intensity future land use classification and with the surrounding area. Staff recommends approval of the requested zoning designation.

 

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

                     Approve with changes

                     Deny

                     Table

 

 

 

 

 

 

ORDINANCE 2023-44

 

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM GU, GOVERNMENT USE, TO M-1, LIGHT INDUSTRIAL, FOR CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF SW 60TH AVENUE APPROXIMATELY  615 FEET NORTH OF SW 38TH STREET (PORTION OF PARCEL #23820-005-01, 23821-008-01, & 23820-008-02) (CASE ZON22-44988); 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 M-1, LIGHT INDUSTRIAL:

 

THE EAST 550 FEET OF THE EAST 1400 FEET OF THE NORTH 1/4 OF THE SOUTH 1/2 OF THE SE 1/4 OF SECTION 29, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, LESS AND EXCEPT THAT PORTION LYING WITHIN THE RIGHT-OF-WAY OF S.W. 60TH AVENUE.

 

AND

 

THE EAST 550 FEET OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SE 1/4 OF SECTION 29, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, LESS AND EXCEPT THAT PORTION LYING WITHIN THE RIGHT-OF-WAY OF S.W. 60TH AVENUE.

 

AND

 

THE EAST 550 FEET OF THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SE 1/4 OF SECTION 29, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, LESS AND EXCEPT THAT PORTION LYING WITHIN THE RIGHT-OF-WAY OF S.W. 60TH AVENUE.

 

ALL OF THE LANDS ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

COMMENCE AT THE S.E. CORNER OF SECTION 29, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE N00°29'49"E, ALONG THE EAST LINE OF SAID SECTION 29, ALSO BEING THE CENTERLINE OF S.W. 60th AVENUE (100 FEET WIDE), 662.41 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE S.E. 1/4 OF SAID SECTION 29; THENCE DEPARTING SAID EAST LINE OF SECTION 29 AND SAID CENTERLINE OF S.W. 60th AVENUE, PROCEED N89°28'18"W, ALONG SAID SOUTH LINE, 50.00 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID S.W. 60th AVENUE, ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE N89°28'18"W, ALONG SAID SOUTH LINE, 500.00 FEET; THENCE DEPARTING SAID SOUTH LINE, PROCEED N00°29'09"E, 662.44 FEET TO A POINT ON THE NORTH LINE OF THE NORTH 1/4 OF THE SOUTH 1/2 OF THE S.E. 1/4 OF SAID SECTION 29; THENCE S89°27'41"E, ALONG SAID NORTH LINE, 500.13 FEET TO A POINT ON THE AFORESAID WEST RIGHT-OF-WAY LINE OF S.W. 60th AVENUE; THENCE DEPARTING SAID NORTH LINE, PROCEED S00°29'49"W, ALONG SAID WEST RIGHT-OF-WAY LINE, 662.35 FEET TO THE POINT OF BEGINNING.

 

PARCEL NUMBER: Portion of 23820-005-01, 23821-008-01, & 23820-008-02

 

                     Section 2.  The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from GU, Government Use, to M-1, Light Industrial, 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 take effect upon approval by the mayor, or upon being law without such approval.

 

 

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 __________________, 2023.

 

                     By: __________________________________

                     Reuben Kent Guinn

                     Mayor

 

Approved as to form and legality:

 

By: _________________________________

William E. Sexton

City Attorney

 

Ordinance No:                                           2023-44

Introduced:                                           Click or tap to enter a date.

Adopted:                                           Click or tap to enter a date.

Legal Ad No:                                           Click or tap here to enter text.