Submitted By: Endira Madraveren
Presentation By: Jeff Shrum
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2023-42 to rezone from B-2, Community Business, to INST, Institutional, for property located at 1820, 1858, and 1914 SW 27th Avenue, approximately 4.93 acres (Case ZON23-45070) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant: Everest Realty Sixteen, LLC
• Property Owner: DNC Investments, LLC
• Agent: David Tillman, Tillman & Associates Engineering, LLC
• The subject properties went through several rezonings prior to the demolition of all three single-family residences located on the three separate parcels in 2016.
• Due to the proximity to residential uses, an institutional use will be required to have a ten-foot-deep landscaped buffer or a four-foot landscaped buffer combined with a stone, brick, or concrete block wall separating the two uses.
• The applicant is requesting the rezoning to allow for all uses permitted in the INST, Institutional, zoning district.
• The applicant intends to develop the parcel as a physical rehabilitation hospital.
• Planning & Zoning Commission recommended approval by a vote of 6-0 at the February 13, 2023, meeting.
FINDINGS AND CONCLUSIONS:
The INST, Institutional, zoning district is consistent with the Neighborhood future land use classification. 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 is pending review by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2023-42
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-2, COMMUNITY BUSINESS, TO INST, INSTITUTIONAL, FOR CERTAIN PROPERTY LOCATED AT 1820, 1858, AND 1914 SW 27TH AVENUE, (CASE ZON23-45070); 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 INST, Institutional:
PARCEL 1:
(PER OFFICIAL RECORDS BOOK 3997, PAGE 726)
COMMENCING 132 FEET NORTH OF THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, THENCE NORTH 66 FEET, WEST 216 FEET, SOUTH 66 FEET, EAST TO POINT OF BEGINNING.
AND
COMMENCING 198 FEET NORTH OF THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, THENCE NORTH 66 FEET, WEST 660 FEET, SOUTH 132 FEET, EAST 444 FEET, NORTH 66 FEET, EAST 216 FEET TO POINT OF BEGINNING.
LESS AND EXCEPT
ADDITIONAL RIGHT OF WAY CONVEYED IN DEED RECORDED IN O.R. BOOK 1749, PAGE 503, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
PARCEL 2:
(PER OFFICIAL RECORDS BOOK 3137, PAGE 1851)
THE SOUTH 132.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA.
EXCEPT THE EAST 30.00 FEET FOR ROAD RIGHT OF WAY.
EXCEPT COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 15 SOUTH, RANGE 21 EAST IN MARION COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 20' 35"WEST ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST LINE OF S.W. 27TH AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 20'35"WEST ALONG SAID SOUTH LINE A DISTANCE OF 3.70 FEET; THENCE NORTH 1 DEGREES 01'45"EAST A DISTANCE OF 132.00 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN DEED BOOK 366, PAGE 533, PUBLIC RECORDS OF SAID MARION COUNTY; THENCE SOUTH 89 DEGREES 20' 35"EAST ALONG SAID SOUTH LINE A DISTANCE OF 2.64 FEET TO SAID WEST LINE OF S.W. 27TH AVENUE; THENCE SOUTH 0 DEGREES 34'15"WEST ALONG SAID WEST LINE A DISTANCE OF 132.00 FEET TO THE POINT OF BEGINNING.
AND EXCEPT THE FOLLOWING:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 15 SOUTH, RANGE 21 EAST IN MARION COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 20' 35"WEST ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST LINE OF S.W. 27TH AVENUE; THENCE NORTH 89 DEGREES 20'35"WEST ALONG SAID LINE A DISTANCE OF 387.12 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 20'35"WEST ALONG SAID SOUTH LINE A DISTANCE OF 247.72 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SOUTHEAST 1/4; THENCE NORTH 0 DEGREES 31' 30"EAST ALONG SAID WEST LINE A DISTANCE OF 132.00 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN DEED BOOK 366, PAGE 533, PUBLIC RECORDS OF SAID MARION COUNTY; THENCE SOUTH 89 DEGREES 20'35" EAST ALONG SAID SOUTH LINE A DISTANCE OF 247.82 FEET TO A LINE BEARING NORTH 0 DEGREES 34'15" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 34'15"WEST A DISTANCE OF 132.00 FEET TO THE POINT OF BEGINNING
PARCEL 3:
(PER OFFICIAL RECORDS BOOK 3795, PAGE 647)
COMMENCING AT A POINT 10 CHAINS SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 15 SOUTH, RANGE 21 EAST, THENCE WEST 6.32 CHAINS; THENCE SOUTH 3.16 CHAINS; THENCE EAST 6.32 CHAINS; THENCE NORTH 3.16 CHAINS TO THE PLACE OF BEGINNING.
LESS AND EXCEPT:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 15 SOUTH, RANGE 21 EAST IN MARION COUNTY, FLORIDA; THENCE RUN NORTH 00° 34' 15" EAST, FOR A DISTANCE OF 456.00 FEET TO A POINT; THENCE RUN NORTH 89° 20' 35" WEST, FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF SOUTHWEST 27TH AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE RUN NORTH 89° 20' 35" WEST, FOR A DISTANCE OF 387.12 FEET TO A POINT; THENCE RUN NORTH 00° 34' 15" EAST, FOR A DISTANCE OF 208.56 FEET TO A POINT; THENCE RUN NORTH 89° 20' 35" WEST FOR A DISTANCE OF 4.70 FEET TO A POINT; THENCE RUN SOUTH 00° 34' 15" WEST, FOR A DISTANCE OF 210.00 FEET, TO A POINT; THENCE RUN SOUTH 89° 20' 35" EAST, FOR A DISTANCE OF 391.82 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF SOUTHWEST 27TH AVENUE; THENCE RUN NORTH 00° 34' 15" EAST, FOR A DISTANCE OF 1.44 FEET TO THE POINT OF BEGINNING.
ALSO
LESS AND EXCEPT:
ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 1799, PAGE 950, RECORDED IN THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
PARCEL NUMBERS: 23476-000-00, 23477-000-00, 23478-000-00
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, to INST, Institutional, 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
Introduced: 3/7/2023
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.