Submitted By: David Boston
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-19 for a rezoning from B-2, Community Business (County), to SC, Shopping Center (City), for approximately 17.94 acres located at 2600-2610 NW 46th Terrace and 2765 NW 49th Avenue (Case ZON09-0009) (Quasi-Judicial).
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, .
PROOF OF PUBLICATION:
6722446 - 1/7/22
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BACKGROUND:
• Petitioner: Second Nine Partners, LLC
• Property Owners: Second Nine Partners, LLC; Real Sub, LLC; McDonalds USA, LLC
• The Ocala Planning & Zoning Commission recommended approval by a 6 to 0 vote.
These properties were the subject of an annexation agreement between Second Nine Partners LLC and the City of Ocala executed on May 5, 2009. Second Nine Partners LLC applied for City annexation, land use, and zoning and paid all associated fees in the amount of $5,800. At the time, the property was not contiguous to the City limits, and was not eligible for annexation. The projects were therefore placed on hold.
Presently, the property is contiguous to the City boundary and eligible for annexation. City staff recommends moving forward with annexation, land use, and zoning in accordance with the existing agreement. The 2009 application requested Commercial land use and SC (Shopping Center) zoning.
FINDINGS AND CONCLUSIONS:
The requested zoning district of SC, Shopping Center, is consistent with the Comprehensive Plan and the surrounding area. Approval of the requested rezoning is appropriate.
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
• Deny
• Table
ORDINANCE 2022-19
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-2, Community Business (County), to SC, Shopping Center (City), FOR CERTAIN PROPERTY LOCATED AT 2600-2610 NW 46th Terrace and 2765 NW 49th Avenue, OCALA, FLORIDA (CASE NO. ZON09-0009); 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 regulations of the City of Ocala, Florida, as SC, Shopping Center:
A PORTION OF SECTION 3, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE N.W. CORNER OF THE S.W. 1/4 OF SECTION 3, TOWNSHIP 15 SOUTH, RANGE 21 EAST, THENCE ALONG THE NORTH BOUNDARY OF THE S.W. 1/4 OF SAID SECTION 3, S89°25'15"E, A DISTANCE OF 40.02 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF N.W. 49TH AVENUE (BEING 80.00 FEET WIDE); THENCE ALONG SAID EAST RIGHT OF WAY LINE N00°37'56"E, A DISTANCE OF 88.86 FEET TO THE N.W. CORNER OF "SHAMROCK ADVENTURE LX" AS PER PLAT THEREOF, RECORDED IN PLAT BOOK '9', PAGE 133 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE, N00°35'51"E, A DISTANCE OF 201.81 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE N89°41'59"E, A DISTANCE OF 575.70 FEET; THENCE S6l0 36'22"E, A DISTANCE OF 338.70 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 178.00 FEET, A CENTRAL ANGLE OF 28°41'40", AND A CHORD BEARING AND DISTANCE OF S75°57'12"E, 88.22 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 89.14 FEET TO THE POINT OF TANGENCY; THENCE N89°41'59"E, A DISTANCE OF 202.78 FEET; THENCE S00°18'01"E, A DISTANCE OF 421.99 FEET; THENCE S28°23'29"W, A DISTANCE OF 515.95 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27 (RIGHT OF WAY WIDTH VARIES); THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, N6l0 36'31"W, A DISTANCE OF 769.72 FEET TO THE S.E. CORNER OF SAID "SHAMROCK ADVENTURE LX"; THENCE DEPARTING SAID RIGHT OF WAY LINE, ALONG THE EAST BOUNDARY OF SAID PLAT, N00°02'21"E, A DISTANCE OF 359.77 FEET TO THE N.E. CORNER OF SAID PLAT; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PLAT, N59°04'22"W, A DISTANCE OF 213.64 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 119.00 FEET, A CENTRAL ANGLE OF 30°45'56", AND A CHORD BEARING AND DISTANCE OF N74°28'03"W, 63.13 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND NORTHERLY BOUNDARY, A DISTANCE OF 63.90 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 17.93 ACRES, MORE OR LESS.
(aka: Parcels 21509-002-01, 21509-003-00, 21509-002-03, and 21509-002-04)
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 (County), to SC, Shopping Center (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 become effective upon the later of:
(a). Approval by the mayor, or upon becoming law without such approval; or
(b). The effective date of Ordinance No. _____ (Ref: Land Use Case LUC09-0009).
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: 2022-19
Introduced: 1/4/2022
Adopted: Click or tap to enter a date.
Legal Ad No: 6722446 - 1/7/14