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 2022-35 for zoning change from B-2 Community Business, to R-3, Multi-family Residential, for approximately 19.34 acres of property located at the dead end of SW 40th Ave, south of SW 43rd Street (Case ZON22-44689) (Quasi-Judicial).
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, .
PROOF OF PUBLICATION:
4/8/2022 - 29655134
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BACKGROUND:
• Applicant: KG Land Properties, LLC
• Property Owner: KG Land Properties, LLC
• These properties are located on SW 40th Avenue, that currently ends in a cul-de-sac at the subject properties. SW 40th Avenue is planned to extend further south and connect with SW 49th Avenue at the intersection of SW 95th Street.
• The extension of SW 40th Avenue to the south will serve as an alternative route for traffic currently on SR 200.
• The properties were rezoned in April 2021 from M-1, Light Industrial, to B-2, Community Business, to allow for retail uses or multi-family by special exception. (ZON21-0001)
• The property owner is currently interested in solely developing multi-family dwellings and is therefore requesting a rezoning of the property to R-3, Multi-family Residential.
• The future land use classification on this property is Low Intensity, which allows a density of 3 units to18 units per acre and a maximum intensity of 0.75 Floor Area Ratio (FAR).
• The R-3, Multi-family Residential, zoning district is allowed in the Low Intensity future land use classification.
FINDINGS AND CONCLUSIONS:
The R-3, Multi-family Residential, zoning district is consistent with the Low Intensity future land use classification and with the surrounding area. Staff recommend approval of the requested zoning designation. The Planning and Zoning Commission recommended approval by a vote of 4 to 1 on March 14, 2022.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: This Ordinance is pending review by the City Attorney, Robert W Batsel Jr.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
SUPPORT MATERIALS:
• Planning Comments
• Case Map
• Case Aerial
ORDINANCE 2022-35
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-2, COMMUNITY BUSINESS TO R-3, MULTIFAMILY RESIDENTIAL, FOR CERTAIN PROPERTY LOCATED AT THE DEAD END OF SW 40TH AVENUE, SOUTH OF SW 43RD STREET, OCALA, FLORIDA (CASE NO. ZON22-44689); 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 regulation of the City of Ocala, Florida, as R-3, Multi-Family Residential:
Parcel 1:
LOTS 10, 11 AND 12, EXECUTNE PARK, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK T, PAGE(S) 11 THROUGH 13, INCLUSIVE, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION CONVEYED IN WARRANTY DEED RECORDED JUNE 25, 1997, IN OFFICIAL RECORDS BOOK 2381, PAGE 766, PUBLIC RECORDS OF MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 12, EXECUTIVE PARK AS PER PLAT THEREOF RECORDED IN PLAT BOOK T, PAGE 11 THROUGH 13 INCLUSIVE, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 15, SOUTH, RANGE 21 EAST, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 12 OF EXECUTIVE PARK (IDENTIFIED ON SAID PLAT AS P.R.M. NO 5), THENCE PROCEED SOUTH 89°14'48" WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 12, ALSO BEING THE SOUTH BOUNDARY LINE OF SAID SECTION 34, A DISTANCE OF 340.00 FEET TO THE SOUTHWEST CORNER OF TRACT "G" SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE CONTINUE SOUTH 89°14'48" WEST, ALONG SAID SOUTH BOUNDARY LINE A DISTANCE OF 291.42 FEET TO A POINT ON THE EAST RIGHT- OF-WAY LINE OF SW 39THAVENUE (BEING 80.00 FEET WIDE), THENCE NORTH 01°08'17" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 8.62 FEET TO A POINT ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 114°37'39", THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ARC DISTANCE OF 200.06 FEET, THROUGH A CHORD BEARING AND DISTANCE OF NORTH 07°58'09" EAST, 168.33 FEET; THENCE DEPARTING SAID CURVE, NORTH 89°14'48" EAST, PARALLEL TO THE AFORESAID SOUTH BOUNDARY LINE OF LOT 12, A DISTANCE OF 264.93 FEET TO A POINT ON THE WEST BOUNDARY LINE O SAID TRACT "G"; THENCE SOUTH 01°05'11" EAST, ALONG SAID WEST BOUNDARY LINE OF TRACT "G", A DISTANCE OF 175.00 FEET TO THE POINT, OF BEGINNING. SAID PARCEL LYING AND BEING SITUATE IN MARION COUNTY, FLORIDA.
Parcel 2:
LOT 13, EXECUTIVE PARK, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK T, PAGE(S) 11 THROUGH 13, INCLUSIVE, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION FOR ROAD RIGHT OF WAY AS CONTAINED IN AMENDED ORDER OF TAKING RECORDED JUNE 11, 2012, IN OFFICIAL RECORDS BOOK 5688, PAGE 339, PUBLIC RECORDS OF MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE FOLLOWING DESCRIBED RIGHT OF WAY FOUND IN SECTION 34, TOWNSHIP 15 SOUTH, RANGE 21 EAST, RECORDED AS EXECUTIVE PARK, PLAT BOOK" T”, PAGES 11 THROUGH 13, INCLUSIVE, OF THE PUBLIC RECORDS OF MARION COUNTY FLORIDA. BEING THE EAST 20 FEET OF LOT 13LYING ALONG SW 39TH AVENUE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 13 SAID POINT BEING THE POINT OF BEGINNING. THENCE SOUTH 89°16'58" WEST, ALONG THE NORTH LINE OF LOT 13 A DISTANCE OF 20.00 FEET; THENCE SOUTH 01°08'17" EAST TO THE PC OF A NON-TANGENT CURVE CONCAVED TO THE EAST A DISTANCE OF 166.11 FEET SAID CURVE HAVING A RADIUS OF 120.00 FEET WITH A CENTRAL ANGLE OF 116°22'08" AND A CHORD BEARING AND DISTANCE OF SOUTH 0°40' 28" WEST, 203.94; THENCE: ALONG THE ARC OF SAID CURVE TO THE SOUTH LINE OF LOT 13 A DISTANCE OF 243.72 FEET. THENCE N.88°26'58" EAST TO THE WEST RIGHT OF WAY OF SW 39TH AVE. A DISTANCE OF 26.45 FEET. THENCE NORTH .01°08'16" WEST TO THE PC OF A NON-TANGENT CURVE CONCAVED TO THE EAST A DISTANCE OF 8.08 FEET SAID CURVE HAVING A RADIUS OF 100.00 FEET WITH A CENTRAL ANGLE OF 121°33'35" AND A CHORD BEARING AND DISTANCE OF NORTH 6°46'25" WEST, 174.55; THENCE, ALONG THE ARC OF SAID CURVE FOLLOWING THE WEST RIGHT OF WAY OF SW 39TH AVE A DISTANCE OF 212.16 FEET TO THE PC OF A .CURVE CONCAVED TO THE WEST SAID CURVE HAVING A RADIUS OF 40.00 FEET WITH A CENTRAL ANGLE OF 55°08'44" AND A CHORD BEARING AND DISTANCE OF NORTH 26°26' 14" EAST, 37.03; THENCE ALONG THE ARC OF SAID CURVE FOLLOWING SAID RIGHT OF WAY A DISTANCE OF 38.50 FEET. THENCE NORTH 1°08' 16" WEST, ALONG SAID RIGHT OF WAY TO THE POINT OF BEGINNING A DISTANCE OF 155.00 FEET
(aka: Parcel 2390-010-000 and 2390-013-000)
Section 2. The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from B-2, Community Business, to R3, Multi-family Residential, 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: 2022-35
Introduced: 4/5/2022
Adopted: 4/19/2022
Legal Ad No: 4/8/2022 - 29655134