Submitted By: Breah J. Miller
Presentation By: Jeff Shrum
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2023-40 concerning a rezoning from B-2, Community Business (County) and B-5, Heavy Business (County), to R-3, Multi-Family (City), for property located at 3137 NE Jacksonville Road along with the parcel located directly to the south, approximately 1.67 acres. (ZON22-45068) (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:
• Applicant & Property Owner: Frank H. Green & Sandra L. Green
• The subject property is proposed for annexation and land use change. R-3, Multi-Family zoning is appropriate to implement the requested Neighborhood land use.
• The R-3, Multi-Family Zoning District allows single-family dwellings, two-family dwellings, and multi-family dwellings.
• The applicant is requesting this rezoning to obtain city services and utilities for a proposed multi-family development.
• A site plan has not been submitted. However, the property with be subject to site plan approval and architectural review.
• The proposed rezoning creates a gradual transition from the heavy commercial uses along NE Jacksonville Road to the nearby single-family residential.
• A ten-foot-deep landscaped buffer area or a four-foot-deep landscaped area combined with a brick, stone, or concrete block wall to the East abutting the less intensive residential, per section 122-260 of the code of ordinance.
• Upon annexation, it is appropriate to adopt a city land use and zoning.
Planning & Zoning Commission recommended approval with a vote of 6-0 at the February 13, 2023, meeting.
FINDINGS AND CONCLUSIONS:
The requested zoning of R-3, Multi-Family District is consistent with the Comprehensive Plan and 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 2023-40
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-2, COMMUNITY BUSINESS (COUNTY) AND B-5 HEAVY BUSINESS (COUNTY), TO R-3, MULTI- FAMILY RESIDENTIAL (CITY), FOR CERTAIN PROPERTY LOCATED AT 3137 NE JACKSONVILLE ROAD ALONG WITH THE PARCEL LOCATED DIRECTLY TO THE SOUTH, APPROXIMATELY 1.67 ACRES (CASE ZON22-45068); 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 R-3, MULTI- FAMILY RESIDENTIAL:
PARCEL 24728-000-01:
THE NORTH 148.81 FEET MEASURED PERPENDICULAR TO THE NORTH BOUNDARY OF THE FOLLOWING:
FOR A POINT OF REFERENCE COMMENCE AT THE SE CORNER OF THE NE 1/4 OF THE NE 1/4 OF SECTION 5, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, THENCE WEST ALONG THE SOUTH BOUNDARY OF SAID NE 1/4 OF THE NE 1/4 1615.90 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF U.S. HIGHWAY 301 (100’ RIGHT OF WAY); THENCE ALONG SAID RIGHT OF WAY N.13°09ʹ55"E. 39.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.13°09ʹ55"E. 305.65 FEET; THENCE EAST 250.00 FEET; THENCE SOUTH 297.62 FEET; THENCE WEST 319.62 FEET TO THE POINT OF BEGINNING.
AND
PARCEL 24728-002-00:
FOR A POINT OF REFERENCE COMMENCE AT THE SE CORNER OF THE NE 1/4 OF THE NE 1/4 OF SECTION 5, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, THENCE WEST ALONG THE SOUTH BOUNDARY OF SAID NE 1/4 OF THE NE 1/4 1615.90 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF U.S. HIGHWAY 301 (100’ RIGHT OF WAY); THENCE ALONG SAID RIGHT OF WAY NORTH 13°09ʹ55" EAST 39.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 13°09ʹ55" EAST 305.65 FEET; THENCE EAST 250.00 FEET; THENCE SOUTH 297.62 FEET; THENCE WEST 319.62 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE SOUTH 20 FEET THEREOF.
AND
LESS AND EXCEPT THE NORTH 148.81 FEET MEASURED PERPENDICULAR TO THE NORTH BOUNDARY THEREOF.
PARCEL NUMBER: 24728-000-01 & 24728-002-00
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 (County) and B-5 Heavy Business (County) to R-3, Multi- Family Residential (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 LUC22-45067).
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: 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.