Submitted By: Emily W. Johnson, AICP
presenter
Presentation By: Aubrey Hale
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Ordinance 2024-59 to rezone approximately 5.86 acres, located at 4040 W Silver Springs Boulevard (Parcel 22866-000-02) along with the parcel located directly to the south (Parcel # 22866-000-03) from B-2, Community Business (County), to B-2, Community Business (City) (Case ZON24-45692) (Quasi-Judicial) - Request to postpone until the November 19, 2024 City Council meeting. Previously postponed from the September 17, 2024, City Council meeting
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ
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BACKGROUND:
• Petitioner: B I Realty, LLC & Racetrac, Inc.
• Property Owner: B I Realty, LLC
• Agent: Robert W. Batsel, Jr. Esq., Gooding & Batsel, PLLC
The petitioner is requesting to change the zoning from B-2, Community Business (Marion County) to B-2, Community Business (City), in association with a concurrent annexation (ANX24-45690) and Future Land Use amendment (LUC24-45691). The annexation of the subject properties reduces an existing enclave area in this part of the city. Pursuant to Section 122-246 of the Code of Ordinances, all annexed territory shall be subject to the land use change process and comply with the City’s comprehensive plan.
The subject properties consist of a vacant parcel, previously developed with a motel and the parcel directly to the south. The subject property area is in unincorporated Marion County with an underlying Commercial Future Land Use classification (County).
The Planning and Zoning Commission recommended approval by a vote of 4-0 on August 12, 2024. During the meeting, the board inquired about the number of gas pumps and the location of the traffic light. The petitioner provided a conceptual plan and explained that the signalized intersection would align with NW 40th Avenue at State Road 40. The project will consist of five high-powered diesel pumps with one-way access and approximately 16 standard gasoline pumps. A discussion ensued following public comments about potential environmental and property value impact, project timeline, and provision of access to the property owners along SW 41st Avenue.
FINDINGS AND CONCLUSIONS: The requested B-2, Community Business Zoning District is consistent with the comprehensive plan and the requested Low-Intensity Future Land Use Classification. The amendment will not adversely affect the community’s health, safety, convenience, prosperity, or general welfare. The proposed B-2 zoning is consistent with Section 122-244 of the Code of Ordinances and with the proposed future land use of the property.
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 with changes
• Deny
• Table
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Aerial Map
ORDINANCE 2024-59
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-2, COMMUNITY BUSINESS (COUNTY), TO B-2, COMMUNITY BUSINESS (CITY), FOR CERTAIN PROPERTY LOCATED AT 4040 W SILVER SPRINGS BOULEVARD (PARCEL # 22866-000-02) ALONG WITH THE PARCEL LOCATED DIRECTLY TO THE SOUTH (PARCEL # 22866-000-03), APPROXIMATELY 5.86 ACRES (CASE NO. ZON24-45692); PROVIDING DIRECTION TO STAFF; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATIONS AT A PUBLIC HEARING; PROVIDING DIRECTION TO THE CODIFIER; 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 lands described below are hereby rezoned and reclassified according to the zoning regulation of the City of Ocala, Florida, as B-2, Community Business:
PER TITLE COMMITMENT FILE NO. CM249126, ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, ISSUING AGENT: RONDA ALLEY, CLC, FOR DEL LAGO VENTURES, INC., A GEORGIA CORPORATION BEARING AN COMMITMENT DATE OF MARCH 8, 2024.
PARCEL 1)
ALL THOSE CERTAIN LOTS, PIECES OR PARCELS OF LAND, SITUATED, LYING AND BEING IN THE COUNTY OF MARION AND STATE OF FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4 OF THE SE 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST THENCE S 0°14'40" W 68.58 FEET TO THE SOUTH RIGHT OF WAY LINE OF STATE HIGHWAY NO. 40 AND TO THE POINT OF BEGINNING; THENCE RUN EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 40 A DISTANCE OF 365.05 FEET; THENCE S 0°09'40" W 622 FEET; THENCE WEST AND PARALLEL WITH THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 40 A DISTANCE OF 365.05 FEET TO THE WEST BOUNDARY OF THE NE 1/4 OF THE SE 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST; THENCE NORTH ALONG SAID WEST BOUNDARY 622 FEET, MORE OR LESS, TO THE POINT OR PLACE OF BEGINNING.
TOGETHER WITH AN EASEMENT AGREEMENT SHOWN IN O.R. BOOK 787, PAGE 691, AS MODIFIED BY AGREEMENT RECORDED IN O.R. BOOK 1911, PAGE 1917 AND RELEASES RECORDED IN O.R. BOOK 1911, PAGE 1919 AND 1920, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
LESS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE RUN SOUTH 0°14'40" WEST FOR A DISTANCE OF 68.58 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 40 (107.50 FEET W/OE); THENCE CONTINUE TO RUN SOUTH 0°14'40" WEST, ALONG THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION, FOR A DISTANCE OF 622.00 FEET, TO A POINT; THENCE RUN EAST FOR A DISTANCE OF 30.00 FEET, TO A POINT; THENCE RUN NORTH 0°14'40" EAST, FOR A DISTANCE OF 622.00 FEET TO A POINT; THENCE RUN WEST, FOR A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING.
ALSO LESS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, IN MARION COUNTY, FLORIDA; THENCE RUN SOUTH 0°14'40" WEST ALONG THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION, FOR A DISTANCE OF 68.58 FEET, TO A POINT LYING ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 40 (107.50 FEET WIDE); THENCE CONTINUE TO RUN SOUTH 0°14'40" WEST, FOR A DISTANCE OF 242.04 FEET, TO A POINT; THENCE CONTINUE TO RUN SOUTH 89°45'20" EAST, FOR A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE TO RUN SOUTH 89°45'20" EAST, FOR A DISTANCE OF 50.00 FEET, TO A POINT; THENCE RUN SOUTH 0°14'40" WEST, FOR A DISTANCE OF 50.00 FEET, TO A POINT; THENCE RUN NORTH 89°45'20" WEST FOR A DISTANCE 50.00 FEET TO A POINT THENCE RUN NORTH 0°14'40" EAST FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2)
COMMENCING 68.58 FEET SOUTH OF THE NW CORNER OF THE NE 1/4 OF THE SE 1/4 OF SECTION 15, TOWNSHIP 15 S., RANGE 21 E., THENCE SOUTH 622 FEET TO THE POINT OF BEGINNING; THENCE EAST 365.05 FEET, SOUTH 140 FEET, WEST 365.05 FEET, NORTH 140 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THAT PORTION DEEDED TO THE CITY OF OCALA AT O.R. BOOK 1858, PAGE 999 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
Section 2. Direction to Staff. The City Council of the City of Ocala, Florida directs staff to take any and all steps necessary to effectuate the adoption and implementation of this ordinance; and all other matters as provided for above and herein as well as to ensure the orderly and effective administration and implementation of the intent of this ordinance and the specific matters outlined herein.
Section 3. Repealing Inconsistent and/or Conflicting Provisions. The City Council of the City of Ocala, Florida hereby specifically repeals, to the extent of any such conflict, any and all ordinances, resolutions, policies, procedures, and/or other articles which are conflicting and/or inconsistent with this ordinance and the intent and direction provided by the City Council herein.
Section 4. Severability of Ordinance Provisions. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the City Council of the City of Ocala, Florida that (1) such portion shall be deemed a separate, distinct and independent provision; (2) such holding shall not affect the validity of the remaining portions hereof; and (3) this ordinance be adopted as though any such provision was not included herein.
Section 5. Modifications Arising from Consideration at a Public Hearing. It is the intention of the City Council of the City of Ocala, Florida that (1) the provisions of this ordinance may be modified as a result of its consideration by the City Council of matters that may arise during the public hearing(s) at which this ordinance is considered; and (2) any such modifications shall be incorporated into the final version of this ordinance.
Section 6. Direction to the Codifier. It is the intention of the City Council of the City of Ocala, Florida that (1) the zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from B-2, Community Business (County) to B-2, Community Business (City) as to lands described in Section 1 of this ordinance; (2) the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish said intention; (3) terms or headings not affecting the intent of this ordinance may be changed to further accomplish said intention; and (4) any scrivener’s error(s) contained herein which do not affect the intent of this ordinance be corrected with the authorization of the City Manager or their designee and without the need for additional public hearings or consideration by City Council.
Section 7. This ordinance shall become effective upon the later of:
1. Approval by the mayor, or upon becoming law without such approval;
or
2. The effective date of Ordinance 2024- ____ (Ref Land Use Case LUC24-45691)
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Barry Mansfield
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2024.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2024-59
Introduced: 9/3/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ