Submitted By: Divya Govindaraju
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Ordinance 2022-47 for a zoning change from R-3, Multi-Family Residential, to B-2, Community Business, for property located at 432 NW Martin Luther King Ave, approximately 3.97 acres. (Case ZON22-44678) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub.
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant: O’Donald Clark
• Property Owner: D&L Real Estate Investments LLC
• The subject property is at the intersection of Martin Luther King Ave and NW Fourth Street.
• Surrounding uses are primarily residential with some institutional uses, recreational facilities, and offices along Martin Luther King Ave.
• The property is in the Croskey Commons Main Street Mixed Use District. The B-2, Community Business, zoning district furthers the mixed-use potential of the Croskey Commons Main Street Mixed Use District.
• The future land use classification on this property is Medium Intensity/ Special District. The B-2, Community Business, zoning district is allowed in the Medium Intensity/ Special District future land use classification.
• Currently, there is a funeral home on this site.
• The proposed use of the site is a crematorium. Rezoning from R-3, Multifamily Residential to B-2, Community Business will allow the property to be used for a crematorium.
• Further development must meet all applicable requirements of the Land Development Code.
FINDINGS AND CONCLUSIONS:
The B-2, Community Business zoning district is consistent with the Medium Intensity future land use classification and with the surrounding area. Staff recommends approval of the requested zoning designation.
FISCAL IMPACT:
N/A
ALTERNATIVE:
• Approve with changes
• Deny
• Table
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Aerial Map
ORDINANCE 2022-47
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM R-3, MULTI-FAMILY RESIDENTIAL, TO B-2, COMMUNITY BUSINESS, FOR CERTAIN PROPERTY LOCATED AT 432 NW MARTIN LUTHER KING AVE, OCALA, FLORIDA (CASE NO. ZON22-44678); 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 B-2, Community Business:
A PARCEL OF LAND IN SECTION 13, TOWNSHIP 15 SOUTH, RANGE 21 EAST, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK E, PAGE 16 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: THE SOUTH BALF OFLOT 12 AND THE EAST HALF OF A 60 FOOT STREET WEST OF THE SOUTH HALF OFLOT 12 OF A SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST HALF OF SECTION 13, TOWNSHIP 15 SOUTH, RANGE 21 EAST, AS RECORDED IN PLAT BOOK "E", PAGE I 6 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, EXCEPT THE SOUTH 100 FEET OF THE PART OF THE EAST HALF OF A 600 FOOT STREET WEST OF SAID LOT 12 AND EXCEPT THE NORTH 80.00 FEET OF THE EAST 100.00 FEET OF SAID LOT AND EXCEPT WEST 70.00 FEET OF THE SOUTH 100.00 FEET OF SAID LOT. TOGETHER WITH THE NORTH 31 FEET OF THE SOUTH 105 FEET OF THE EAST 210 FEET OF THE NORTH HALF OFLOT 12, OF A SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 15 SOUTH, RANGE 21 EAST, AS RECORDED IN PLAT BOOK "E", PAGE 16 OF THE PUBLIC RECORDS OF MARION COUNTY. FLORIDA. TOGETHER WITH THE SOUTH 74 FEET OF THE EAST 210 FEET OF THE NORTH HALF OF LOT 12, OF A SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 15 SOUTH, RANGE 21 EAST AS PER MAP OR PLAT THEREOF RECORDED IN AMONG THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, IN PLAT BOOK "E", PAGE 16. TOGETHER WITH NORTH HALF OF LOT 12 OF AGNEW'S SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 15 SOUTH, RANGE 21. EAST AS PER PLAT THEREOF RECORDED IN PLAT BOOK "E", PAGE 16, OF THE PUBLIC RECORDS OF MARION COUNTY; FLORIDA, EXCEPT THE SOUTH 105 FEET OF EAST 210 FEET THEREOF. TOGETHER WITH COMMENCE AT THE SOUTHEAST COMER OF LOT 12 OF AGNEW'S SUBDIVISION AS RECORDED IN PLAT BOOK "E", PAGE 16 OF MARION COUNTY, FLORIDA, PUBLIC RECORDS, THENCE NORTH 25 FEET ALONG THE EAST BOUNDARY OF THE AFORESAID LOT. THENCE APPROXIMATELY SOUTH 45 DEGREES WEST 35.24 FEET MORE OR LESS TO A POINT OF THE SOUTH BOUNDARY OF AFORESAID LOT AND LYING 25 FEET WEST OF THE SOUTHEAST COMER THEREOF; THENCE EAST 25 FEET ALONG THE AFORESAID SOUTH BOUNDARY TO THE POINT OF BEGINNING. TOGETHER WITH COMMENCE AT THE NORTHEAST COMER OF THE SOUTH HALF OF LOT I 2, OF A SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 15 SOUTH, RANGE 21 EAST, AS RECORDED IN PLAT BOOK "E", PAGE 16 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA: THENCE WEST I 00 FEET, SOUTH 80 FEET, EAST 100 FEET, NORTH 80 FEET TO THE POINT OF BEGINNING.
ALSO DESCRIBED AS: THE SOUTH HALF OF LOT 12, SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 15 SOUTH, RANGE 21 EAST, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK E, PAGE I 6 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, AND THE EAST HALF OF A 60 FOOT STREET WEST OF THE SOUTH HALF OF SAID LOT 12; EXCEPT THE SOUTH I 00 FEET OF THE EAST HALF OF SAID 60 FOOT STREET; EXCEPT THE NORTH 80 FEET OF THE EAST I 00 FEET OF THE SOUTH HALF OF SAID LOT; AND EXCEPT THE WEST I 00 FEET OF THE SOUTH 100 FEET OF THE SOUTH HALF OF SAID LOT AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF OCALA IN BOOK 849, PAGE 319 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA. THE NORTH 31 FEET OF THE SOUTH 105 FEET OF THE EAST 210 FEET OF THE NORTH HALF OF LOT 12, A SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 15 SOUTH, RANGE 21 EAST, AS PER PLAT THEREOF RECORDED IN THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, IN PLAT BOOK E, PAGE 16. THE SOUTH 74 FEET OF THE EAST 210 FEET OF THE NORTH HALF OF LOT 12, AGNEW'S SUBDIVISION, A SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 15 SOUTH, RANGE 21 EAST, AS PER PLAT THEREOF RECORDED AMONG THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, IN PLAT BOOK "E", PAGE 16. NORTH HALF OF LOT 12 OF AGNEW'S SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 15 SOUTH, RANGE 21 EAST, AS RECORDED IN PLAT BOOK "E", PAGE 16 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, EXCEPT THE SOUTH 105 FEET OF THE EAST 210 FEET.COMMENCE AT THE NORTHEAST CORNER OF SOUTH HALF OF LOT 12 OF A SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 15 SOUTH, RANGE 21 EAST, AS RECORDED IN PLAT BOOK "E", PAGE 16 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE WEST 100 FEET, SOUTH 80 FEET, EAST 1OO FEET, NORTH 80 FEET TO THE POINT OF BEGINNING. (aka: Parcel 22590-000-00)
Section 2. The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from R-3, Multifamily Residential, to B-2, Community Business 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 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: 2022-47
Introduced: 5/3/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.