Submitted By: Emily W. Johnson, AICP
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2024-16 to rezone from B-2, Community Business District, to B-4, General Business District, for property located at the southwest corner of State Road 200 and SW 48th Court, parcel 23894-002-00 and a portion of 23894-002-00, approximately 12.3 acres (Case ZON23-45399) (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:
• Petitioner: DRJ Land Company, Inc.
• Agent: Christopher P. Roper, Esq., Akerman LLP
• Property Owner: Circle Fore LLC
• The applicant is requesting to rezone the subject properties from B-2, Community Business, to B-4, General Business District. The application indicates an intention to develop the site with an automobile sales use, internal roadways, drainage retention areas and other infrastructure related to the proposed automobile sales use and other future projects that are planned for the surrounding area.
• The present B-2, Community Business, zoning district does not permit automobile sales, whereas the proposed automobile sales use is permitted by-right within the proposed B-4, General Business, zoning district.
• The subject properties are currently undeveloped and are in Conceptual Subdivision Plan review and Transportation Impact Analysis review (involving Parcels 23894-002-00, 23894+002-00, and 23832-000-00).
• The subject property is directly adjacent to a B-4 zoned property to the west. The adjacent property was assigned B-4 zoning upon adoption of Ordinance 2018-46 on September 25, 2018, and is currently developed with an automobile sales use (Carmax). Additional automobile sales uses (Volkswagen, BMW, and Porsche) exist on nearby B-4 zoned properties located further southwest along SR-200.
• The Planning and Zoning Commission unanimously voted to recommend approval at the meeting on December 11, 2023.
FINDINGS AND CONCLUSIONS: The B-4, General Business zoning district is consistent with the Low Intensity future land use classification. Adequate public facilities exist to service the proposed development. The proposed zoning is consistent and compatible with the surrounding area. Staff recommends approval.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance will be reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2024-16
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-2, COMMUNITY BUSINESS, TO B-4, GENERAL BUSINESS, FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF STATE ROAD 200 AND SW 48TH COURT (PARCEL 23894+002-00 AND A PORTION OF 23894-002-00), APPROXIMATELY 12.3 ACRES (CASE ZON23-45399); 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 following described lands are hereby rezoned and reclassified according to the zoning regulation of the City of Ocala, Florida, as B-4, General Business District:
A PORTION OF SECTIONS 33 AND 34, TOWNSHIP 15 SOUTH, RANGE 21 EAST, AND SECTIONS 3 AND 4, TOWNSHIP 16 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE WESTERLY MOST CORNER OF RACE WASH 200 AS RECORDED IN PLAT BOOK 13, PAGE 59 AND 60 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF S.W. 48TH COURT (A 50 FOOT RIGHT OF WAY) THE FOLLOWING TWO (2) COURSES: (1) S.48°10’29”E., 440.39 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 89°56’38”, AND A CHORD BEARING AND DISTANCE OF S.03°12’10”E, 35.34 FEET; (2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE, A DISTANCE OF 39.25 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF S.W. COLLEGE ROAD (STATE ROAD NO. 200) (RIGHT OF WAY WIDTH VARIES); THENCE DEPARTING THE SOUTHERLY RIGHT OF WAY LINE OF S.W. 48TH COURT, ALONG THE NORTHERLY RIGHT OF WAY LINE OF S.W. COLLEGE ROAD (STATE ROAD NO. 200) THE FOLLOWING FIVE (5) COURSES: (1) S.41°47’28”W., 128.98 FEET; (2) THENCE S.50°05’54”E,. 9.71 FEET; (3) THENCE S.41°49’57”W., 560.15 FEET; (4) THENCE N.47°42’58”W., 9.95 FEET; (5) THENCE S.41°49’36”W., 170.71 FEET TO THE EAST BOUNDARY OF CARMAX AUTO SUPERSTORE AS RECORDED IN PLAT BOOK 13, PAGE 176 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING THE EAST BOUNDARY OF SAID CARMAX AUTO SUPERSTORE THE FOLLOWING TWO (2) COURSES: (1) N.48°15’16”W., 256.25 FEET; (2) THENCE N.00°19’59”E., 118.00 FEET TO THE N.E. CORNER OF SAID CARMAX AUTO SUPERSTORE; THENCE DEPARTING THE EAST BOUNDARY OF SAID CARMAX AUTO SUPERSTORE, ALONG THE NORTH BOUNDARY OF SAID CARMAX AUTO SUPERSTORE, N.89°39’36”W., 297.34 FEET TO THE WEST BOUNDARY OF THE EAST 1/2 OF THE N.E. 1/4 OF AFOREMENTIONED SECTION 4, TOWNSHIP 16 SOUTH, RANGE 21 EAST; THENCE DEPARTING THE NORTH BOUNDARY OF SAID CARMAX AUTO SUPERSTORE, ALONG SAID WEST BOUNDARY, N.00°41’29”E., 375.13 FEET TO THE SOUTH BOUNDARY OF THE S.E. 1/4 OF AFOREMENTIONED SECTION 33, TOWNSHIP 15 SOUTH, RANGE 21 EAST; THENCE DEPARTING THE WEST BOUNDARY, ALONG THE SOUTH BOUNDARY OF THE S.E. 1/4 OF SAID SECTION 33, N.89°49’41”W, 125.00 FEET; THENCE DEPARTING SAID SOUTH BOUNDARY, N.00°39’19”E., 30.00 FEET; THENCE S.89°49’41”E., 548.93 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 48°22’07”, AND A CHORD BEARING AND DISTANCE OF N.65°59’16”E., 102.42 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 105.52 FEET TO A POINT OF TANGENCY; THENCE N.41°48’12”E., 313.03 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 12.30 ACRES, MORE OR LESS.
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, to B-4, General Business, 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 approval by the mayor, or upon becoming law without such approval.
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: 2024-16
Introduced: Click or tap to enter a date.
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.