Submitted By: Breah J. Miller
Presentation By: Jeff Shrum
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Ordinance 2023-41 concerning a rezoning to PD, Planned Development for properties located on the east side of SW 60th Avenue (Parcels 23817-002-00 and 23817-002-02), between SW 31st Street and SW 38th Street, approximately 61.4 acres (Case PD22-44929) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Property Owner: TBMI, LLC
• Agent: Fred Roberts
• In December 2009, City Council adopted ordinance 2010-28, which changed the future land use designation of the property from Low-Density Residential and Neighborhood Business to Retail Services.
• An accompanying ordinance also adopted Future Land Use Policy 12.14, which limited the development potential of the property to 600,000 square feet of commercial development and created several other development requirements on the property which later changes from 12.14 to 18.14.
• In February 2022, TBMI requested an amendment to the future land use policy (FLUP22-44631), to allow mixed-use residential and commercial development consistent with the existing Low-Intensity future land use designation, as long as the development does not exceed the traffic generated by 600,000 square feet of commercial development, measured by PM peak hour net trips.
• The future land use policy amendment was approved and adopted by City on July 28, 2022, Ordinance 2022-62, after being reviewed by the Department of Economic Opportunity.
• The applicant is requesting to rezone the subject properties to PD (Planned Development) zoning as required by the future land use policy amendment. City Council will consider the PD rezoning and PD plan at the March 21, 2023, meeting.
• In conjunction with the rezoning to PD, TBMI has submitted a PD plan for approval. The PD plan proposes 11.88 acres of commercial/residential and 49.52 acres of residential with approximately seven commercial parcels and one residential parcel that may be developed in two phases. The proposed configuration is required to be reviewed under the subdivision and site plan process.
Planning & Zoning Commission recommends approval with a vote of 6-0 at its February 13, 2023, meeting.
FINDINGS AND CONCLUSIONS: The PD rezoning and plan are consistent with the future land use policy, land development regulations and are compatible with the surrounding area. 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
ORDINANCE 2023-41
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM NO ZONING TO PD, PLANNED DEVELOPMENT, FOR CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF SW 60TH AVENUE, BETWEEN SW 31ST STREET AND SW 38TH STREET, APPROXIMATELY 61.39 ACRES (CASE PD22-44929); 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 PD, PLANNED DEVELOPMENT:
PARCEL 1
THAT PORTION OF LAND IN THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 15 SOUTH, RANGE 21 EAST AND LYING SOUTH OF TIMBERWOOD, AS PER PLAT BOOK S, PAGES 148 AND 149, LYING WEST OF TIMBERWOOD THIRD ADDITION, AS PER PLAT BOOK Y, PAGES 64 THROUGH 69, ALL IN THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, AND LYING EAST OF S.W. 60TH AVENUE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT MARKED PERMANENT REFERENCE MONUMENT NO. 1 AT THE NORTHWEST CORNER OF LOT 1, BLOCK G OF TIMBERWOOD THIRD ADDITION, AS PER PLAT BOOK Y, PAGES 64 THROUGH 69 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, AND PROCEED NORTH 89 DEGREES 56 MINUTES 59 SECONDS WEST (FIELD MEASURE - NORTH 89 DEGREES 57 MINUTES 54 SECONDS WEST) ALONG THE SOUTH BOUNDARY LINE OF TIMBERWOOD SUBDIVISION AS PER PLAT BOOK S, PAGES 148 AND 149 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA AND ALONG THE SOUTH RIGHT OF WAY LINE OF S.W. 31ST STREET, A DISTANCE OF 202.43 FEET TO A CONCRETE MONUMENT; THENCE CONTINUE NORTH 89 DEGREES 56 MINUTES 59 SECONDS WEST ALONG SAID SOUTH BOUNDARY LINE AND SOUTH RIGHT OF WAY LINE A DISTANCE OF 663.75 FEET (FIELD MEASURE - NORTH 89 DEGREES 57 MINUTES 54 SECONDS WEST 663.71 FEET), TO A CONCRETE MONUMENT AS SHOWN ON SAID PLAT AT THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHERLY, HAVING A RADIUS DISTANCE OF 540.00 FEET AND A CENTRAL ANGLE OF 10 DEGREES 55 MINUTES 29 SECONDS; THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE, AND ALONG SAID CURVE, AN ARC DISTANCE OF 102.96 FEET THROUGH A CHORD BEARING AND DISTANCE OF NORTH 84 DEGREES 29 MINUTES 18 SECONDS WEST 102.81 FEET (FIELD MEASURE - NORTH 84 DEGREES 07 MINUTES 34 SECONDS WEST 102.99 FEET) TO A CONCRETE MONUMENT AS SHOWN ON SAID PLAT, AT A POINT OF REVERSE CURVE OF A CURVE BEING CONCAVE SOUTHERLY HAVING A RADIUS DISTANCE OF 460.00 FEET AND A CENTRAL ANGLE OF 10 DEGREES 58 MINUTES 39 SECONDS; THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG SAID CURVE AND ARC DISTANCE OF 88.13 FEET, THROUGH A CHORD BEARING AND DISTANCE OF NORTH 84 DEGREES 30 MINUTES 53 SECONDS WEST, 88.00 FEET (FIELD MEASURE - NORTH 84 DEGREES 59 MINUTES 27 SECONDS WEST 87.86 FEET), TO A CONCRETE MONUMENT AT THE POINT OF CURVATURE, AS SHOWN ON SAID PLAT; THENCE SOUTH 89 DEGREES 59 MINUTES 50 SECONDS WEST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 279.92 FEET, (FIELD MEASURE - NORTH 89 DEGREES 46 MINUTES 27 SECONDS WEST 279.73 FEET), TO A CONCRETE MONUMENT AS SHOWN ON SAID PLAT AT THE POINT OF TANGENCY OF SAID CURVE, BEING CONCAVE SOUTHERLY HAVING A RADIUS DISTANCE OF 800.00 FEET AND A CENTRAL ANGLE OF 06 DEGREES 21 MINUTES 20 SECONDS; THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE, AND ALONG SAID CURVE, AN ARC DISTANCE OF 88.74 FEET, THROUGH A CHORD BEARING AND DISTANCE OF SOUTH 86 DEGREES 49 MINUTES 11 SECONDS WEST, 88.70 FEET (FIELD MEASURE - SOUTH 86 DEGREES 03 MINUTES 17 SECONDS WEST 88.88 FEET), TO A CONCRETE MONUMENT AS SHOWN ON SAID PLAT AT THE POINT OF REVERSE CURVE, BEING CONCAVE NORTHERLY HAVING A RADIUS DISTANCE OF 827.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 20 MINUTES 59 SECONDS; THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG SAID CURVE AN ARC DISTANCE OF 62.79 FEET THROUGH A CHORD BEARING AND DISTANCE OF SOUTH 85 DEGREES 48 MINUTES 59 SECONDS WEST 62.77 FEET (FIELD MEASURE - SOUTH 85 DEGREES 49 MINUTES 28 SECONDS WEST 62.78 FEET) TO A CONCRETE MONUMENT AS SHOWN ON SAID PLAT AT THE POINT OF REVERSE CURVE, BEING CONCAVE SOUTHEASTERLY HAVING A RADIUS DISTANCE OF 30.00 FEET, AND A CENTRAL ANGLE OF 87 DEGREES 59 MINUTES 38 SECONDS; THENCE SOUTHWESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG SAID CURVE, AN ARC DISTANCE OF 46.07 FEET, THROUGH A CHORD BEARING AND DISTANCE OF SOUTH 43 DEGREES 59 MINUTES 41 SECONDS WEST, 41.68 FEET (FIELD MEASURE - SOUTH 44 DEGREES 04 MINUTES 50 SECONDS WEST 41 .62 FEET) TO A CONCRETE MONUMENT AS SHOWN ON SAID PLAT, SAID POINT ALSO BEING ON THE EAST RIGHT OF WAY LINE OF S.W. 60TH AVENUE, (BEING 100 FEET WIDE); THENCE SOUTH 00 DEGREES 00 MINUTES 08 SECONDS EAST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 730.52 FEET (FIELD MEASURE - SOUTH 00 DEGREES 00 MINUTES 12 SECONDS EAST 730.39 FEET) TO A CONCRETE MONUMENT AT THE NORTHWEST CORNER OF THE WATER RETENTION AREA, AS SHOWN ON SAID PLAT, THENCE CONTINUE SOUTH 00 DEGREES 00 MINUTES 08 SECONDS EAST ALONG SAID RIGHT OF WAY LINE AND ALONG THE WEST BOUNDARY OF SAID WATER RETENTION AREA, A DISTANCE OF 300.00 FEET (FIELD MEASURE - SOUTH 00 DEGREES 01 MINUTES 56 SECONDS EAST 300.17 FEET) TO A CONCRETE MONUMENT AT THE SOUTHWEST CORNER OF SAID WATER RETENTION AREA AND TO THE POINT OF BEGINNING OF PARCEL NO. B-C AS DESCRIBED HEREIN; THENCE CONTINUE SOUTH 00 DEGREES 00 MINUTES 08 SECONDS EAST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 1475.12 FEET (FIELD MEASURE - SOUTH 00 DEGREES 00 MINUTES 54 SECONDS EAST 1475.12 FEET) TO A CONCRETE MONUMENT AT THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS DISTANCE OF 25.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 56 MINUTES 22 SECONDS, SAID POINT BEING NORTH 89 DEGREES 50 MINUTES 53 SECONDS EAST 49.92 FEET AND NORTH 00 DEGREES 04 MINUTES 37 SECONDS EAST 64.83 FEET FROM THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 15 SOUTH, RANGE 21 EAST, THENCE SOUTHEASTERLY ALONG THE NORTH RIGHT OF WAY LINE OF S.W. 38TH STREET, AND ALONG SAID CURVE, AN ARC DISTANCE OF 39.24 FEET, THROUGH A FIELD MEASURED CHORD BEARING AND DISTANCE OF SOUTH 45 DEGREES 01 MINUTES 27 SECONDS EAST 35.31 FEET TO A CONCRETE MONUMENT AT THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 89 DEGREES 57 MINUTES 16 SECONDS EAST, 40 FEET NORTH F AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SECTION 28 AND ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 806.53 FEET TO A CONCRETE MONUMENT MARKED PERMANENT REFERENCE MONUMENT NO. 8 AT THE SOUTHWEST CORNER OF LOT 5, BLOCK Q, AS PER AFORESAID PLAT OF TIMBERWOOD THIRD ADDITION; THENCE NORTH 0 DEGREES 00 MINUTES OS SECONDS WEST ALONG THE WEST BOUNDARY LINE OF SAID TIMBERWOOD THIRD ADDITION, A DISTANCE OF 1182.68 FEET (FIELD MEASURE - NORTH 00 DEGREES 00 MINUTES 57 SECONDS WEST 1182.70 FEET) TO A CONCRETE MONUMENT MARKED PERMANENT REFERENCE MONUMENT NO. 7; THENCE SOUTH 89 DEGREES 56 MINUTES 56 SECONDS EAST ALONG SAID NORTH BOUNDARY LINE OF LOT 15, BLOCK G OF SAID TIMBERWOOD THIRD ADDITION, A DISTANCE OF 199.17 FEET (FIELD MEASURE - SOUTH 89 DEGREES 59 MINUTES 40 SECONDS EAST 199.22 FEET) TO A CONCRETE MONUMENT MARKED PERMANENT REFERENCE MONUMENT NO. 6; THENCE NORTH 00 DEGREES 00 MINUTES 05 SECONDS WEST ALONG SAID WEST BOUNDARY LINE A DISTANCE OF 575.90 FEET (FIELD MEASURE -NORTH 00 DEGREES 01 MINUTES 03 SECONDS WEST 575.88 FEET) TO A CONCRETE MONUMENT THAT IS SOUTH 00 DEGREES 00 MINUTES OS SECONDS EAST A DISTANCE OF 5.03 FEET FROM A CONCRETE MONUMENT MARKED PERMANENT REFERENCE MONUMENT NO. 5; THENCE SOUTH 89 DEGREES 59 MINUTES 56 SECONDS WEST, 0.50 FEET NORTH OF AND PARALLEL WITH BOARD FENCE LINE, A DISTANCE OF 830.84 FEET TO A CONCRETE MONUMENT ON THE EAST BOUNDARY LINE OF THE AFORESAID WATER RETENTION AREA, SAID POINT IS SOUTH 00 DEGREES 00 MINUTES 08 SECONDS EAST A DISTANCE OF 42.46 FEET FROM A CONCRETE MONUMENT AT THE NORTHEAST CORNER OF SAID WATER RETENTION AREA; THENCE SOUTH 00 DEGREES 00 MINUTES 08 SECONDS EAST ALONG THE SAID EAST BOUNDARY LINE, A DISTANCE OF 257.54 FEET (FIELD MEASURE - SOUTH 00 DEGREES 05 MINUTES 11 SECONDS EAST 257.44 FEET) TO A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF THE SAID WATER RETENTION AREA; THENCE SOUTH 89 DEGREES 59 MINUTES 52 SECONDS WEST A DISTANCE OF 200.00 FEET (FIELD MEASURE - SOUTH 89 DEGREES 54 MINUTES 45 SECONDS WEST 200.23 FEET) TO A CONCRETE MONUMENT AT THE SOUTHWEST CORNER OF SAID WATER RETENTION AREA AND TO THE POINT OF BEGINNING OF PARCEL NO. B-C.
SAID PARCEL NO. B-C LYING AND BEING SITUATE IN MARION COUNTY, FLORIDA.
PARCEL 2
THAT PORTION OF LAND IN THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 15 SOUTH, RANGE 21 EAST AND LYING SOUTH OF F TIMBERWOOD AS PER PLAT BOOK S, PAGES 148 AND 149, LYING WEST OF TIMBERWOOD THIRD ADDITION AS PER PLAT BOOK Y, PAGES 64 THROUGH 69, ALL IN THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA AND LYING EAST OF S.W. 60TH AVENUE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT MARKED PERMANENT REFERENCE MONUMENT NO. 1 AT THE NORTHWEST CORNER OF LOT 1 , BLOCK G OF TIMBERWOOD THIRD ADDITION AS PER PLAT BOOK Y, PAGES 64 THROUGH 69 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA AND PROCEED NORTH 89 DEGREES 56 MINUTES 59 SECONDS WEST (FIELD MEASURE - NORTH 89 DEGREES 57 MINUTES 54 SECONDS WEST), ALONG THE SOUTH BOUNDARY LINE OF TIMBERWOOD SUBDIVISION AS PER PLAT BOOK S, PAGES 148 AND 149 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, AND ALONG THE SOUTH RIGHT OF WAY LINE OF S.W. 31ST STREET A DISTANCE OF 202.43 FEET TO A CONCRETE MONUMENT AT THE POINT OF BEGINNING OF PARCEL 2 AS DESCRIBED HEREIN; THENCE CONTINUE NORTH 89 DEGREES 56 MINUTES 59 SECONDS WEST, ALONG SAID SOUTH BOUNDARY LINE AND SOUTH RIGHT OF WAY LINE A DISTANCE OF 663.75 FEET (FIELD MEASURE - NORTH 89 DEGREES 57 MINUTES 54 SECONDS WEST 663.71 FEET) TO A CONCRETE MONUMENT AS SHOWN ON SAID PLAT AT THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHERLY, HAVING A RADIUS DISTANCE OF 540.00 FEET AND A CENTRAL ANGLE OF 10 DEGREES 55 MINUTES 29 SECONDS; THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE, AND ALONG SAID CURVE AN ARC DISTANCE OF 102.96 FEET THROUGH A CHORD BEARING AND DISTANCE OF NORTH 84 DEGREES 29 MINUTES 18 SECONDS WEST, 102.81 FEET (FIELD MEASURE - NORTH 84 DEGREES 07 MINUTES 34 SECONDS WEST 102.99 FEET), TO CONCRETE MONUMENT AS SHOWN ON SAID PLAT AT A POINT OF REVERSE CURVE OF A CURVE BEING CONCAVE SOUTHERLY, HAVING A RADIUS DISTANCE OF 460.00 FEET, AND A CENTRAL ANGLE OF 10 DEGREES 58 MINUTES 39 SECONDS; THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG SAID CURVE AN ARC DISTANCE OF 88.13 FEET, THROUGH A CHORD BEARING AND DISTANCE OF NORTH 84 DEGREES 30 MINUTES 53 SECONDS WEST 88.00 FEET (FIELD MEASURE- NORTH 84 DEGREES 59 MINUTES 27 SECONDS WEST, 87.86 FEET) TO A CONCRETE MONUMENT AT THE POINT OF CURVATURE AS SHOWN ON SAID PLAT; THENCE SOUTH 89 DEGREES 59 MINUTES 50 SECONDS WEST, ALONG SAID SOUTH RIGHT OF WAY LINE DISTANCE OF 279.92 FEET (FIELD MEASURE - NORTH 89 DEGREES 46 MINUTES 27 SECONDS WEST, 279.73 FEET) TO A CONCRETE MONUMENT AS SHOWN ON SAID PLAT, AT THE POINT OF TANGENCY OF SAID CURVE, BEING CONCAVE SOUTHERLY, HAVING A RADIUS DISTANCE OF 800.00 FEET AND A CENTRAL ANGLE OF 06 DEGREES 21 MINUTES 20 SECONDS; THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG SAID CURVE AN ARC DISTANCE OF 88.74 FEET, THROUGH A CHORD BEARING AND DISTANCE OF SOUTH 86 DEGREES 49 MINUTES 11 SECONDS WEST 88.70 FEET (FIELD MEASURE - SOUTH 86 DEGREES 03 MINUTES 17 SECONDS WEST, 88.88 FEET) TO A CONCRETE MONUMENT AS SHOWN ON SAID PLAT AT THE POINT OF REVERSE CURVE, BEING CONCAVE NORTHERLY HAVING A RADIUS DISTANCE OF 827.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 20 MINUTES 59 SECONDS; THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG SAID CURVE AN ARC DISTANCE OF 62.79 FEET THROUGH A CHORD BEARING AND DISTANCE OF SOUTH 85 DEGREES 48 MINUTES 59 SECONDS WEST, 62.77 FEET (FIELD MEASURE - SOUTH 85 DEGREES 19 MINUTES 28 SECONDS WEST, 62.78 FEET); TO CONCRETE MONUMENT AS SHOWN ON SAID PLAT AT THE POINT OF REVERSE CURVE, BEING CONCAVE SOUTHEASTERLY HAVING A RADIUS DISTANCE OF 30.00 FEET AND A CENTRAL ANGLE OF 87 DEGREES 59 MINUTES 38 SECONDS; THENCE SOUTHWESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG SAID CURVE AN ARC DISTANCE OF 46.07 FEET, THROUGH CHORD BEARING AND DISTANCE OF SOUTH 43 DEGREES 59 MINUTES 41 SECONDS WEST, 41.68 FEET (FIELD MEASURE -SOUTH 44 DEGREES 04 MINUTES 50 SECONDS WEST 41.62 FEET) TO A CONCRETE MONUMENT AS SHOWN ON SAID PLAT, SAID POINT ALSO BEING ON THE EAST RIGHT OF WAY LINE OF S.W. 60TH AVENUE (BEING 100 FEET WIDE); THENCE SOUTH 00 DEGREES 00 MINUTES 08 SECONDS EAST, ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 730.52 FEET (FIELD MEASURE - SOUTH 00 DEGREES 00 MINUTES 12 SECONDS EAST, 730.39 FEET) TO A CONCRETE MONUMENT AT THE NORTHWEST CORNER OF THE WATER RETENTION AREA AS SHOWN ON SAID PLAT; THENCE DEPARTING FROM SAID EAST RIGHT OF WAY LINE, NORTH 89 DEGREES 59 MINUTES 52 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID WATER RETENTION AREA A DISTANCE OF 200.00 FEET (FIELD MEASURE - NORTH 89 DEGREES 57 MINUTES 41 SECONDS EAST 199.95 FEET) TO A CONCRETE MONUMENT AT THE NORTHEAST CORNER OF SAID WATER RETENTION AREA; THENCE SOUTH 00 DEGREES 00 MINUTES 08 SECONDS EAST, ALONG THE EAST BOUNDARY LINE OF SAID WATER RETENTION AREA A DISTANCE OF 42.46 FEET (FIELD MEASURE - SOUTH 00 DEGREES 05 MINUTES 11 SECONDS EAST, 42.46 FEET) TO A CONCRETE MONUMENT; THENCE DEPARTING FROM SAID EAST BOUNDARY LINE, NORTH 89 DEGREES 59 MINUTES 56 SECONDS EAST, 0.50 FEET NORTH OF AND PARALLEL WITH A BOARD FENCE LINE A DISTANCE OF 830.84 FEET TO A CONCRETE MONUMENT ON THE WEST BOUNDARY LINE OF D.RA NO. 2 OF BLOCK G OF AFORESAID TIMBERWOOD THIRD ADDITION; THENCE NORTH 00 DEGREES 00 MINUTES 05 SECONDS WEST, ALONG SAID WEST BOUNDARY LINE A DISTANCE OF 5.03 FEET (FIELD MEASURE - NORTH 00 DEGREES 01 MINUTES 03 SECONDS WEST, 5.03 FEET) TO A CONCRETE MONUMENT MARKED PERMANENT REFERENCE MONUMENT NO. 5; THENCE NORTH 89 DEGREES 59 MINUTES 55 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID D.R.A. NO. 2, A DISTANCE OF 80.00 FEET (FIELD MEASURE - NORTH 89 DEGREES 59 MINUTES 35 SECONDS EAST, 80.00 FEET) TO A CONCRETE MONUMENT MARKED PERMANENT REFERENCE MONUMENT NO. 4; THENCE NORTH 82 DEGREES 03 MINUTES 12 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF LOTS 5 AND 6 OF SAID BLOCK G, A DISTANCE OF 435.15 FEET (FIELD MEASURE - NORTH 82 DEGREES 04 MINUTES 35 SECONDS EAST 435.10 FEET) TO A CONCRETE MONUMENT MARKED PERMANENT REFERENCE MONUMENT NO. 3, SAID POINT BEING ON A CURVE, CONCAVE EASTERLY AND HAVING A RADIUS DISTANCE OF 2730.00 FEET AND CENTRAL ANGLE OF 07 DEGREES 57 MINUTES 51 SECONDS; THENCE NORTHERLY ALONG THE WEST BOUNDARY LINE OF BLOCK G OF SAID IMBERWOOD THIRD ADDITION, ALONG SAID CURVE AN ARC DISTANCE OF 379.17 FEET, THROUGH A CHORD BEARING AND DISTANCE OF NORTH 03 DEGREES 55 MINUTES 52 SECONDS WEST, 379.17 FEET (FIELD MEASURE - NORTH 03 DEGREES 56 MINUTES 28 SECONDS WEST, 379.35 FEET) TO A CONCRETE MONUMENT MARKED PERMANENT REFERENCE MONUMENT NO. 2, AT THE POINT OF CURVATURE OF SAID CURVE; THENCE NORTH 00 DEGREES 03 MINUTES 04 SECONDS EAST, ALONG SAID WEST BOUNDARY LINE A DISTANCE OF 134.00 FEET (FIELD MEASURE - NORTH 00 DEGREES 03 MINUTES 04 SECONDS EAST, 134.00 FEET) TO A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF TRACT NO. 1 (A ONE ACRE TRACT); THENCE DEPARTING FROM SAID WEST BOUNDARY LINE NORTH 89 DEGREES 57 MINUTES 54 SECONDS WEST, A DISTANCE OF 202.35 FEET TO THE SOUTHWEST CORNER OF SAID TRACT NO, 1; THENCE NORTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, A DISTANCE OF 216.00 FEET TO A CONCRETE MONUMENT AT THE NORTHWEST CORNER OF TRACT NO. 1 AND TO THE POINT OF BEGINNING. SAID PARCEL 2 LYING AND BEING SITUATE IN MARION COUNTY, FLORIDA.
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LESS AND EXCEPT ALL THAT PORTION OF LAND NOTED AND SHOWN AS A 30 FOOT DRAINAGE RIGHT OF WAY AS RECORDED IN THE PLAT OF TIMBERWOOD, AS PER PLAT BOOK S, PAGE A; AND BEING SUBJECT TO A 30 FOOT DRAINAGE EASEMENT "A" AS SHOWN ON THE RECORDED PLAT OF TIMBERWOOD AS PER PLAT BOOK S, PAGES 148 AND 149 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
PARCEL NUMBER: 23817-002-00 & 23817-002-02
Section 2. The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from No Zoning to PD, Planned Development, 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 James P. Hilty Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2023.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2023-XX
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Adopted: Click or tap to enter a date.
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