Submitted By: Divya Govindaraju
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2024-15 to rezone to B-5, Wholesale Business District, for a portion of the property located at the northwest corner of the intersection at State Road 40 and NW 46th Avenue (Parcel 22854-000-00); approximately 0.28 acres (Case ZON23-45470) (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: Solid Rock Property Group
• Agent: Adam Zions, PE
• Property Owner: GT Investment of Ocala, LLC
• In 2021, the City acquired properties to the north of the intersection of West Highway 40 and SW 46th Ave, including the eastern 100 feet of the subject property for the proposed NW 46th Avenue alignment. The city dedicated 0.28 acres of land with no zoning designation to the subject property. The subject property was later reconfigured, resulting in a 12.15-acre property with the 0.28-acre portion of the property having no zoning designation.
• The Applicant is requesting to designate the 0.28 acre portion of the subject property B-5, Wholesale Business, to be consistent with the rest of the property.
• The subject property is surrounded by industrial uses and is in an area characterized by business and industrial uses. The subject property meets minimum frontage requirement (100 feet) for the requested B-5, Wholesale Business, zoning district.
Planning & Zoning Commission recommended approval by a vote of 4-0 on January 08, 2024.
FINDINGS AND CONCLUSIONS: The B-5, Wholesale Business, zoning district is consistent with the Employment Center 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: NA
PROCUREMENT REVIEW: NA
LEGAL REVIEW: The ordinance is pending review by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2024-15
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM NO-ZONING, TO B-5, WHOLESALE BUSINESS, FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION AT STATE ROAD 40 AND NW 46TH AVENUE (PORTION OF PARCEL 22854-000-00), APPROXIMATELY 0.28 ACRES (CASE NO. ZON23-45470); 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-5, Wholesale Business:
A PARCEL OF LAND IN LYING IS SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE N.E. CORNER OF THE S.W. 1/4 OF THE N.W. 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST; THENCE S.89'46’34”W„ ALONG THE NORTH BOUNDARY OF THE S.W. 1/4 OF THE N.W. 1/4 OF SAID SECTION, A DISTANCE OF 106.90 FEET TO A FOUND 4”X4” CONCRETE MONUMENT (RLS 2418) AT THE N.E. CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2401, PAGE 115, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE S. 00'02’44” W., ALONG THE EAST BOUNDARY OF SAID LANDS, A DISTANCE OF 1114.43 FEET TO THE POINT OF BEGINNING. THENCE DEPARTING SAID EAST BOUNDARY, N.89'39’47”E. A DISTANCE OF 46.68 FEET TO A POINT ON THE PROPOSED WEST RIGHT OF WAY LINE OF N.W. 44TH AVENUE (100 FEET WIDE), SAID POINT BEING ON A 482.98 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, HAVING A CHORD BEARING AND DISTANCE OF S.03'55’11”E. 71.11 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE AND SAID WEST RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 08'26’37”, A DISTANCE OF 71.18 FEET TO THE POINT OF TANGENCY; THENCE CONTINUE ALONG SAID WEST RIGHT OF WAY LINE, S.00'18’08”W„ A DISTANCE OF 73.28 FEET; THENCE CONTINUE ALONG SAID WEST RIGHT OF WAY LINE, S.45'32’46”W„ A DISTANCE OF 35.20 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST HIGHWAY 40 (100 FEET WIDE), SAID POINT BEING ON A 17138.74 FOOT RADIUS CURVE, CONCAVE NORTHERLY, HAVING A CHORD BEARING AND DISTANCE OF N.89'07’28”W. 26.16 FEET; THENCE WESTERLY ALONG THE ARC OF THE SAID CURVE AND SAID NORTH RIGHT OF WAY LINE, THROUGH A CENTERAL ANGLE OF 00'05’15”, A DISTANCE OF 26.16 FEET TO A FOUND 1/2” IRON ROD & CAP (LB 5091) AT THE S.E. CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS 2401, PAGE 112, PUBLIC RECORDS OF MARION COUNTY, FLORIDA. THENCE N.00'02’44”E„ ALONG THE EAST BOUNDARY OF SAID LANDS, A DISTANCE OF 168.21 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 8,259.8 SQUARE FEET, MORE OR LESS.
A PARCEL OF LAND IN LYING IS SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE N.E. CORNER OF THE S.W. 1/4 OF THE N.W. 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST; THENCE S.89'46’34”W„ ALONG THE NORTH BOUNDARY OF THE S.W. 1/4 OF THE N.W. 1/4 OF SAID SECTION, A DISTANCE OF 106.90 FEET TO A FOUND 4”X4” CONCRETE MONUMENT (RLS 2418) AT THE N.E. CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2401, PAGE 115, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE S.00'02’44”W., ALONG THE EAST BOUNDARY OF SAID LANDS, A DISTANCE OF 965.66 FEET TO A POINT ON THE PROPOSED WEST RIGHT OF WAY LINE OF N.W. 44TH AVENUE (100 FEET WIDE) AND THE POINT OF BEGINNING. THENCE DEPARTING SAID EAST BOUNDARY, ALONG SAID WEST RIGHT OF WAY LINE, S.26,16’13"E„ A DISTANCE OF 3.48 FEET TO THE POINT OF CURVATURE OF A 482.98 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, HAVING A CHORD BEARING AND DISTANCE OF S.1712’22”E. 152.18 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE AND SAID WEST RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 18'07’44”, A DISTANCE OF 152.82 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, S.89'39’47”W., A DISTANCE OF 46.68 FEET TO A POINT ON THE EAST BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2401, PAGE 112, PUBLIC RECORDS OF MARION COUNTY, FLORIDA, SAID POINT BEING N.00'02’44”E. 168.21 FEET FROM A FOUND 1/2” IRON ROD & CAP (LB 5091) AT THE S.E. CORNER OF SAID LANDS; THENCE N.00'02’44”E., ALONG SAID EAST BOUNDARY, A DISTANCE OF 148.77 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 4,126.5 SQUARE FEET, 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 No-Zoning, to B-5, Wholesale 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: 2024-15
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.