Submitted By: Patricia Z. Hitchcock
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Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-24 to rezone certain property from A-1, General Agriculture, M-1, Light Industrial and R-E, Residential Estate (County), to M-2, Medium Industrial (City), located north of the curve where NW 40th Avenue transitions easterly to NW Third Street, approximately 71.58 acres. (Parcels #22844-002-00 and 22844-002-03) (Case ZON21-44529) (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: Kahlid Mirza
• Property Owner: Mirza Group-Ocala LLC
• Agent: Jake Kurth, Scannell Properties LLC
• There is a residence and a horse barn on the property.
• The proposed land use, Employment Center, is consistent with the land use designations assigned by Marion County.
• There is a mix of uses on the adjacent properties. Del Zotto’s precast concrete is to the west, there are residential, undeveloped and agricultural uses to the south, and undeveloped M-2 zoning to the north.
• Applicant’s stated intention is to develop as an industrial/warehouse use inside the City limits.
• New construction will be subject to site plan approval and building permit issuance by the City of Ocala.
• The ordinance to annex the subject property was approved by City Council on December 21, 2021. After annexation, it is appropriate to adopt a City land use and zoning designation.
• An ordinance to adopt the requested land use of Employment Center is on this same City Council agenda.
• The Planning & Zoning Commission recommended approval of the rezoning on November 8, 2021, by a vote of 6 to 0.
FINDINGS AND CONCLUSIONS:
The requested zoning classification of M-2, Medium Industrial, is consistent with the Future Land Use designation of Employment Center and the Land Development Regulations. Approval of the requested zoning change is appropriate.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The ordinance is pending legal review by City Attorney, Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve
• Deny
• Table
ORDINANCE 2022-24
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM M-1, LIGHT INDUSTRIAL, A-1, GENERAL AGRICULTURE, AND R-E, RESIDENTIAL ESTATE (COUNTY), TO M-2, MEDIUM INDUSTRIAL (CITY), FOR CERTAIN PROPERTY LOCATED NORTH OF THE CURVE WHERE NW 40TH AVENUE TRANSITIONS EASTERLY TO NW 3RD STREET (PARCELS #22844-002-00 AND 22844-002-03), OCALA, FLORIDA (CASE NO. ZON21-44529); 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:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, THENCE N.89°51'14"W. ALONG THE NORTH BOUNDARY OF SAID NE 1/4 OF SECTION 15, A DISTANCE OF 16.00 FEET TO AN INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF NW 38TH AVENUE (60 FEET WIDE); THENCE N.00°34'34"W. ALONG SAID RIGHT OF WAY LINE 38.20 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID WEST RIGHT OF WAY LINE N.89°51'33"W. 513.16 FEET; THENCE S.00°23'30"W. 622.11 FEET; THENCE N.89°23’59"W. 237.78 FEET; THENCE S.01°01'32"W. 686.80 FEET TO AN INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF NW 38TH AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 1117, PAGE 799, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE S.78°11'41"W. ALONG SAID RIGHT OF WAY LINE 285.51 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE N.11°48'19"W. 10.00 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 260.00 FEET; THENCE SOUTHWESTERLY ALONG AND WITH THE ARC OF SAID RIGHT OF WAY CURVE THROUGH A CENTRAL ANGLE OF 39°44'35", AN ARC DISTANCE OF 180.35 FEET AND SUBTENDED BY A CHORD BEARING AND DISTANCE OF S.58°19’23"W. 176.75 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE ON A NON-TANGENT LINE S.78°12’24"W. 55.82 FEET TO THE NORTHEAST CORNER OF LOT 6, SAMUEL AGNEW'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A, PAGE 103, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE CONTINUE S.78°12'24"W. ALONG THE NORTH BOUNDARY OF SAID LOT 6, A DISTANCE OF 443.10 FEET TO AN INTERSECTION WITH THE EAST BOUNDARY OF LOT 5 SAID SAMUEL AGNEW'S SUBDIVISION; THENCE N.00°35'10"E. ALONG SAID EAST BOUNDARY OF LOT 5, A DISTANCE OF 162.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE N.89°46’16"W. ALONG THE NORTH BOUNDARY OF SAID LOT 5, A DISTANCE OF 196.07 FEET; THENCE CONTINUE ALONG SAID NORTH BOUNDARY N.89°41'03"W. 751.26 FEET TO AN INTERSECTION WITH THE WEST BOUNDARY OF THE NE 1/4 OF AFORESAID SECTION 15; THENCE N.00°45'51"E. ALONG SAID WEST BOUNDARY 28.10 FEET; THENCE N.89°33'16"W. 185.56 FEET; THENCE N.00°43'10"E. 1400.24 FEET TO AN INTERSECTION WITH THE NORTH BOUNDARY OF THE SOUTH 78.50 FEET TO THE SE 1/4 OF THE SW 1/4 OF SECTION 10, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE S.89°28'32"E. ALONG SAID NORTH BOUNDARY 186.58 FEET; THENCE S.89°51'33"E. ALONG THE NORTH BOUNDARY OF THE SOUTH 78.50 FEET OF THE SE 1/4 OF AFORESAID SECTION 10, A DISTANCE OF 2614.88 FEET TO AN INTERSECTION WITH THE AFORESAID WEST RIGHT OF WAY LINE; THENCE S.00°34'34"W. ALONG SAID WEST RIGHT OF WAY LINE 40.02 FEET TO THE POINT OF BEGINNING.
(aka: PARCEL NO: 22844-002-00 & 22844-002-03)
Section 2. The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from M-1, Light Industrial, A-1, General Agriculture, and R-E, Residential Estate (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. 2022-23 (Ref: Land Use Case LUC21-44528).
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: 2022-24
Introduced: 3/1/2022
Adopted: 3/15/2022
Legal Ad No: 3/4/22 - 6972371