Submitted By: Aubrey Hale
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2022-81 concerning a rezoning from R-3, Multiple-Family Dwelling (County), to R-3, Multi-Family Residential (City), for property located at 221 NE 35th Street (Parcel # 15464-005-00) and the parcel directly to the north (Parcel # 15493-000-00), approximately 40 acres (ZON22-44801) (Quasi-Judicial).
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: CHAP, LLC and Charles H. Albiol
• Property Owner: CHAP, LLC and Charles H. Albiol
• The petitioner owns the 16.25-acre parcel directly to the east and south of the subject property and intend to develop the properties as multi-family residences.
• Annexation was requested to obtain city services and utilities. The ordinance to annex the subject property will be considered by City Council on the same agenda as the land use and zoning ordinances.
• New development will be subject to site plan approval and building permit issuance by the City of Ocala if annexation occurs.
• Upon annexation, it is appropriate to adopt a City land use and zoning designation.
• Planning & Zoning Commission recommended denial by a vote of 6 to 0 vote on July 11, 2022.
FINDINGS AND CONCLUSIONS:
The requested Future Land Use Designation of Neighborhood and zoning classification of R-3, Multi-Family Residential, are consistent with the Comprehensive Plan and the City’s Code of Ordinances. Approval of the requested zoning change is appropriate. Staff recommends approval.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance is pending review by the City Attorney, Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2022-81
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM R-3, MULTIPLE-FAMILY DWELLING (COUNTY), TO R-3, MULTI-FAMILY RESIDENTIAL (CITY), FOR CERTAIN PROPERTIES LOCATED AT 221 NE 35TH STREET AND THE PARCEL DIRECTLY TO THE NORTH (PARCEL# 15464-005-00 AND 15493-000-00), (CASE NO. ZON22-44801); 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 R-3, Multi-Family Residential:
The land referred to herein below is situated in the County of Marion, State of Florida, and described as follows:
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTH OF COUNTY ROAD 2.5-N AKA NE 42ND STREET; THE WEST ½ OF THE SW ¼ OF THE NW ¼, EXCEPT THE WEST 222 FEET OF THE EAST 680 FEET OF THE SOUTH 198 FEET THEREOF; AND THE WEST ½ OF THE NW ¼ OF THE SW ¼, ALL IN SECTION 32, TOWNSHIP 14 SOUTH, RANGE 22 EAST, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
(PARCEL ID NUMBER: 15493-000-00)
AND
THE WEST 777.14 FEET OF THE SW ¼ OF THE SW ¼ OF SECTION 32, TOWNSHIP 14 SOUTH, RANGE 22 EAST, LYING EAST OF RAILROAD RIGHT-OF-WAY AND NORTH OF NE ¼ OF 35TH STREET; ALL LYING AND BEING IN MARION COUNTY, FLORIDA.
(PARCEL ID NUMBER: 15464-005-00)
Section 2. The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from R-3, Multiple-Family Dwelling (County) to R-3, Multi-Family Residential (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 take effect upon the later of:
a. Approval by the Mayor, or upon being law without such approval.
or
b. The adoption of Ordinance # ________________ concerning Case. LUC22-44800.
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: 2022-81
Introduced: 8/2/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.