Skip to main content
City of Ocala Logo

  For historical data from all meetings prior to January 18, 2022, please refer to our archived meeting repository.

File #: ORD-2022-42   
Type: Ordinance Status: Second Reading
File created: 4/20/2022 In control: City Council
On agenda: 5/17/2022 Final action:
Title: Adopt Ordinance 2022-42 for a zoning change from B-4, General Business & B-5, Wholesale Business, to M-1, Light Industrial, for approximately 8.45 acres of property located at 1205 NW 27th Avenue (Case ZON22-44688) (Quasi-Judicial)
Introduced By: James P. Hilty Sr
Attachments: 1. ZON22-44688 - Staff Report, 2. ZON22-44688AerialMap_Update, 3. ZON22-44688CaseMap_Update, 4. P Z Minutes 4.11.22 ZON22-44688

Submitted By: Aubrey Hale

presenter

Presentation By: Tye Chighizola

end

Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

title

Adopt Ordinance 2022-42 for a zoning change from B-4, General Business & B-5, Wholesale Business, to M-1, Light Industrial, for approximately 8.45 acres of property located at 1205 NW 27th Avenue (Case ZON22-44688) (Quasi-Judicial)

end

OCALA’S RELEVANT STRATEGIC GOALS:

Economic Hub.

PROOF OF PUBLICATION:

N/A

body

BACKGROUND:

                     Applicant:                                                                Interian Properties, LLC

                     Property Owner:                                          Donald R. Beaudet, Manager of Interian Properties, LLC

                     The property is being purchased by Interian Properties LLC, who plan to expand their current operations (Capris Furniture) north of the subject parcels.

                     This parcel has two existing access points on NW 27th Avenue.

                     The site was originally used as an automotive auction/dealership and ceased operation in 2012. The most current uses were automotive repair garages that ceased operation in 2019.

                     The surrounding area is predominately wholesale and general business uses along with light industrial east of NW 27th Avenue and south of NW Old Blichton Road. West of NW 27th Avenue and north of NW Old Blichton Road transitions to a mix of single-family and multi-family residential.

                     The future land use classification on this property is Employment Center.

                     At the April 11, 2022 Planning & Zoning Commission meeting the commission voted to approve the request by a 6 to 0 vote.

 

FINDINGS AND CONCLUSIONS:

The M-1, Light Industrial zoning district is compatible with the Employment Center future land use classification and with the surrounding area. Staff recommend approval of the requested zoning designation.

 

FISCAL IMPACT:

N/A

 

ALTERNATIVE:

                     Approve with changes

                     Deny

                     Table

 

 

 

 

 

ORDINANCE 2022-42

 

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-4, GENERAL BUSINESS & B-5, WHOLESALE BUSINESS, TO M-1, LIGHT INDUSTRIAL, FOR CERTAIN PROPERTY LOCATED AT 1205 NW 27TH AVENUE, OCALA, FLORIDA (CASE NO. ZON22-44688); 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;

 

PARCEL 1:

 

COMMENCE AT THE 1/ 4 CORNER ON THE WEST BOUNDARY OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE EAST 25.00 FEET TO THE POINT OF BEGINNING; THENCE S. 00°23'40" E. A DISTANCE OF 620.05 FEET TO THE NORTHERLY RIGHT OF WAY OF OLD BLITCHTON ROAD; THENCE S. 63°49'55" E. A DISTANCE OF 181.34 FEET ALONG THE SAID RIGHT AT WAY LINE; THENCE N. 12°20'11" E. A DISTANCE OF 131.29 FEET; THENCE S. 64°39'22" E. A DISTANCE OF 127.93 FEET, MORE OR LESS, TO THE WEST BOUNDARY AT THE EAST 1/2 OF THE WEST 1/2 OF THE NW 1/4 OF THE SW 1/4; THENCE N. 00°22'16" W A DISTANCE OF 116.56 FEET, MORE OR LESS, TO THE NORTH BOUNDARY OF THE SOUTH 12.38 CHAINS OF THE EAST 1/2 OF THE WEST 1/2 OF THE NW 1/ 4 OF THE SW 1/ 4; THENCE N. 89°49'27" E. A DISTANCE OF 331.43 FEET, MORE OR LESS, TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF THE SW 1/4; THENCE N. 00°20'52" W. A DISTANCE OF 284.52 FEET, MORE OR LESS, TO A POINT 225.00 FEET SOUTH OF THE NORTH BOUNDARY OF THE WEST 1/2 OF THE NW 1/ 4 OF THE SW 1/ 4; THENCE S. 89°56'54" W. A DISTANCE OF 318.08 FEET; THENCE N. 00°23'44" W. A DISTANCE OF 225.00 FEET TO THE NORTH BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF THE SW 1/4; THENCE S. 89°56'54" W. A DISTANCE OF 320.00 FEET TO THE POINT OF BEGINNING.

 

AND

 

BEGINNING AT A POINT ON THE NORTH BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, SAID POINT BEING N. 89°56'54" E. 345.00 FEET FROM THE NORTHWEST CORNER THEREOF; FROM THE POINT OF BEGINNING THUS DESCRIBED CONTINUE N. 89°56'54" E. ALONG SAID NORTH BOUNDARY 318.27 FEET TO THE NORTHEAST CORNER OF SAID WEST 1/2 OF THE NW 1/ 4 OF THE SW 1/4; THENCE S. 0°20'52" E. ALONG THE EAST BOUND.ARY OF SAID WEST 1/2 OF THE NW 1/4 OF THE SW 1/ 4, 225.00 FEET; THENCE S. 89°56'54" W. 318.08 FEET; THENCE N. 00°23'44" W. 225.00 FEET TO THE POINT OF BEGINNING. EXCEPT COMMENCING .AT THE WEST 1/4 CORNER OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORID.A; THENCE S. 89°14'43" E. ALONG THE NORTH LINE OF THE SW 1/4 OF SAID SECTION, A DISTANCE OF 25.00 FEET TO A POINT ON THE EAST LINE OF N.W. 27TH A VENUE AND THE POINT OF BEGINNING; THENCE S. 89°14'43" E. ALONG SAID NORTH LINE, A DISTANCE OF 30.00 FEET TO A LINE PARALLEL WITH .AND EASIBRLY 55.00 FEET FROM THE WEST LIN'E OF SAID SECTION; THENCE S. 0°25'19" W. ALONG SAID PARALLEL LINE, A DISTANCE OF 594.63 FEET; THENCE S. 28°48'05" E. A DISTANCE OF 63.95 FEET TO THE NORTHERLY LINE OF OLD BLITCHTON ROAD; THENCE N. 62°42'59" W. ALONG SAID NORTHERLY LINE, A DISTANCE OF 68.83 FEET TO THE EAST LINE OF N.W. 27TH AVENUE, BEING A LINE PARALLEL WITH AND EASTERLY 25.00 FEET FROM THE WEST LINE OF SAID SECTION; THENCE N. 0°25'19" E. A DISTANCE OF 619.61 FEET TO THE POINT OF BEGINNING.

 

PARCEL 2:

 

COMMENCING AT THE 1/4 CORNER ON THE WEST BOUND.ARY OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST; THENCE N. 89°56'54" E. ALONG THE NORTH BOUND.ARY OF THE SOUTHWEST 1/4 OF SAID SECTION 12, 25.0 FEET TO THE EAST RIGHT OF WAY LINE OF COUNTY ROAD NUMBER 2-W (50 FEET WIDE); THENCE S. 0°23'40" E. ALONG SAID EAST RIGHT OF WAY LINE PARALLEL TO AND 25 FEET DISTANT FROM THE WEST BOUND.ARY OF SAID SECTION 12,620.05 FEET TO THE NORTHEASTERLY RIGHT OF WAY LIN'E OF THE OLD BLITCHTON ROAD (50 FEET WIDE); THENCE S. 63°49'55" E., .ALONG SAID RIGHT OF WAY LINE 181.34 FEET TO THE POINT OF BEGINNING; THENCE N. 12°20'11" E. 131.29 FEET; THENCE S. 64°39'22" E. 127.93 FEET; THENCE S. 0°22'16" E. 144.55 FEET; THENCE N. 63°49'55" W. 161.11 FEET TO THE POINT OF BEGINNING.

 

LESS AND EXCEPT:

 

A PORTION OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2888, PAGE 588 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, BEING IN THE S.W. 1/4 OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOILOWS:

COMMENCING AT THE WEST 1/ 4 CORNER OF SAID SECTION 12, THENCE ALONG THE NORTH BOUNDARY OF THE S.W. 1 / 4 OF SAID SECTION 12, N.89°49'32"E., A DISTANCE OF 55.08 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF N.W. 27TH A VENUE (RIGID' OF WAY WIDTH VARIES); THENCE DEPARTING THE NORTH BOUNDARY OF THE S.W. 1/4 OF SAID SECTION 12, ALONG SAID EAST RIGHT OF WAY LINE, S.00°24'15"E., A DISTANCE OF 511.17 FEET; THENCE DEPARTING SAID RIGID' OF WA);" LINE, N.89°56'56"E., A DISTANCE OF 276.49 FEET TO THE N.W. CORNER OF SAID LANDS DESCRIBED IN O.R. BOOK 2888, PAGE 588, SAID POINT BEING THE POINT OF BEGINNING. THENCE ALONG THE NORTH BOUNDARY OF SAID LANDS, N.89°56'56"E., A DISTANCE OF 166.52 FEET TO THE N.E. CORNER OF SAID LANDS; THENCE DEPARTING THE NORTH BOUNDARY OF SAID LANDS, ALONG THE EAST BOUNDARY OF SAID LANDS, S.00°19'01 "E., A DISTANCE OF 6.91 FEET; THENCE DEPARTING THE EAST BOUNDARY OF SAID LANDS, ALONG THE NORTH BOUNDARY OF THE SOUTH 12.38 CHAINS (817.08 FEET) OF THE EAST 1/2 OF THE WEST 1/2 OF THE N.W. 1/4 OF THE S.W. 1/4 OF SAID SECTION 12,

S.89°47'26"W., A DISTANCE OF 166.52 FEET TO A POINT ON THE WEST BOUNDARY OF THE EAST 1/2 OF THE WEST 1/2 OF THE N.W. 1/4 OF THE S.W. 1/4 OF SAID SECTION 12; THENCE DEPARTING THE NORTH BOUNDARY OF THE SOUTH 12.38 CHAINS (817.08 FEET) OF THE EAST 1/2 OF THE WEST 1/2 OF THE N.W. 1/ 4 OF THE S.W. 1/4 OF SAID SECTION 12, ALONG THE WEST BOUNDARY OF THE EAST 1 /2 OF THE WEST 1/2 OF THE N.W. 1/4 OF THE S.W. 1/4 OF SAID SECTION 12, N.00°19'09"W., A DISTANCE OF 7.37 FEET TO THE POINT OF BEGINNING.

 

LESS AND EXCEPT:

 

A PORTION OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2126, PAGE 235 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, BEING IN THE S.W. 1/4 OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOILOWS:

 

COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 12, THENCE ALONG THE NORTH BOUNDARY OF THE S.W. 1/ 4 OF SAID SECTION 12, N.89°49'32"E., A DISTANCE OF 55.08 FEET TO A POINT ON THE EAST RIGITT OF WAY LINE OF N.W. 27TH AVENUE (RIGI-IT OF WAY WIDTH VARIES); THENCE DEPARTING THE NORTH BOUNDARY OF THE S.W. 1/4 OF SAID SECTION 12, ALONG SAID EAST RIGHT OF WAYLINE, S.00°24'15"E., A DISTANCE OF 511.17 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, N.89°56'56"E., A DISTANCE OF 443.01 FEET TO THE N.W. CORNER OF SAID LANDS DESCRIBED IN O.R. BOOK 2125, PAGE 235, SAID POINT BEING THE POINT OF BEGINNING. THENCE ALONG THE NORTH BOUNDARY OF SAID LANDS, N.89°56'56"E., A DISTANCE OF 115.00 FEET TO THE N.E. CORNER OF SAID LANDS; THENCE DEPARTING THE NORTH BOUNDARY OF SAID LANDS, ALONG THE EAST BOUNDARY OF SAID LANDS, S.00°19'01 "E., A DISTANCE OF 6.59 FEET; THENCE DEPARTING THE EAST BOUNDARY OF SAID LANDS, ALONG THE NORTH BOUNDARY OF THE SOUTH 12.38 CHAINS (817.08 FEET) OF THE EAST 1/2 OF THE WEST 1/2 OF THE N.W. 1/4 OF THE S.W. 1/ 4 OF SAID SECTION 12,

S.89°47'26"W., A DISTANCE OF 115.00 FEET TO A POINT ON THE WEST BOUNDARY OF SAID LANDS; THENCE DEPARTING THE NORTH BOUNDARY OF THE SOUTH 12.38 CHAINS (817.08 FEET) OF THE EAST 1/2 OF THE WEST 1/2 OF THE N.W. 1/4 OF THE S.W. 1/4 OF SAID SECTION 12, ALONG THE WEST BOUNDARY OF SAID LANDS, N.00°19'01 "W., A DISTANCE OF 6.91 FEET TO THE POINT OF BEGINNING.

 

DESCRIPTION: (AS SURVEYED)

 

A PORTION OF THE S.W. 1/ 4 OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

COMMENCING AT THE WEST 1/ 4 CORNER. OF SAID SECTION 12, THENCE ALONG THE NORTH BOUNDARY OF THE S.W. 1/ 4 OF SAID SECTION 12, N.89°49'32"E.,A DISTANCE OF 55.08 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF N.W. 27TH A VENUE (RIGHT OF WAY WIDTH VARIES), SAID POINT BEING THE POINT OF BEGINNING. THENCE CONTINUE ALONG THE NORTH BOUNDARY OF THE S.W. 1/4 OF SAID SECTION 12, N.89°57'34"E., A DISTANCE OF 608.77 FEET TO THE N.E. CORNER OF THE WEST 1/2 OF THE N.W. 1/4 OF THE S.W. 1/4 OF SAID SECTION 12; THENCE DEPARTING THE NORTH BOUNDARY OF THE S.W. 1/4 OF SAID SECTION 12, ALONG THE EAST BOUNDARY OF THE WEST 1/2 OF THE N.W. 1/4 OF THE S.W. 1/4 OF SAID SECTION 12, S.00°19'01 "E., A DISTANCE OF 509.38 FEET; THENCE DEPARTING THE EAST BOUNDARY OF THE WEST 1/2 OF THE N.W. 1/4 OF THE S.W. 1/4 OF SAID SECTION 12, ALONG THE NORTH BOUNDARY OF THE SOUTH 12.38 CHAINS (817.08 FEE1) OF THE EAST 1/2 OF THE WEST 1/2 OF THE N.W. 1/ 4 OF THE S.W. 1/ 4 OF SAID SECTION 12, S.89°47'26"W., A DISTANCE OF 50.00 FEET TO A POINT ON THE EAST BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2126, PAGE 235 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING THE NORTH BOUNDARY OF THE SOUTH 12.38 CHAINS (817.08 FEE1) OF THE EAST 1/2 OF THE WEST 1/2 OF THE N.W. 1/4 OF THE S.W. 1/4 OF SAID SECTION 12, ALONG THE EAST BOUNDARY OF SAID LANDS, N.00°19'01 "W., A DISTANCE OF 6.59 FEET TO THE N.E. CORNER OF SAID LANDS; THENCE DEPARTING THE EAST BOUNDARY OF SAID LANDS, ALONG THE NORTH BOUNDARY OF SAID LANDS AND ALONG THE NORTH BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2888, PAGE 588 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, S.89°56'56"W., A DISTANCE OF 281.52 FEET TO THE N.W. CORNER OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2888, PAGE 588; THENCE DEPARTING THE NORTH BOUNDARY OF SAID LANDS, ALONG THE WEST BOUNDARYOF THE EAST 1/2 OF THE WEST 1/2 OF THE N.W. 1/4 OF THE S.W. 1/4 OF SAID SECTION 12, S.00°19'09"E., A DISTANCE OF 269.88 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF N.W. OLD BLITCHTON ROAD (SO FOOT RIGHT OF WAY); THENCE DEPARTING THE WEST BOUNDARY OF THE EAST 1/2 OF THE WEST 1/2 OF THE N.W. 1/4 OF THE S.W. 1/4 OF SAID SECTION 12, ALONG SAID NORTHERLY RIGHT OF WAY LINE, N.63°31'50"W., A DISTANCE OF 274.58 FEET TO A POINT ON THE AFOREMENTIONEDEAST RIGHT OF WAYLINE OF N.W. 27TH AVENUE;THENCE DEPARTING THE NORTHERLY RIGHT OF WAY LINE OF N.W. OLD BLITCHTON ROAD, ALONG THE EAST RIGHT OF WAY LINE OF N.W. 27TH AVENUE, N.29°34'27"W, A DISTANCE OF 63.93 FEET; THENCE CONTINUE ALONG SAID EAST RIGHT OF WAY LINE, N.00°24'15"W, A DISTANCE OF 594.69 FEET TO THE POINT OF BEGINNING.

 

                     Section 2.  The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from B-4, General Business & B-5, Wholesale Business, 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                      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:                                           2022-42

Introduced:                                           5/3/2022

Adopted:                                           Click or tap to enter a date.

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