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File #: ORD-2025-5   
Type: Ordinance Status: Agenda Ready
File created: 10/22/2024 In control: City Council
On agenda: 11/5/2024 Final action:
Title: Introduce Ordinance 2025-5 to rezone approximately 10.88 acres for property located at 2400 SW College Road (Parcel 23560-002-02 and 23560-002-12) from B-4, General Business, to SC, Shopping Center (Case ZON24-45818) (Quasi-Judicial)
Introduced By: Jay A. Musleh
Attachments: 1. ZON24-45818 Staff Report, 2. ZON24-45818 Case Map, 3. ZON24-45818 Aerial Map
Date Action ByMotionResultAction DetailsMeeting DetailsVideo
No records to display.

Submitted By: Emily W. Johnson, AICP

Presentation By: Emily Johnson

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

title

Introduce Ordinance 2025-5 to rezone approximately 10.88 acres for property located at 2400 SW College Road (Parcel 23560-002-02 and 23560-002-12) from B-4, General Business, to SC, Shopping Center (Case ZON24-45818) (Quasi-Judicial)

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OCALA’S RELEVANT STRATEGIC GOALS:

Quality of Place

PROOF OF PUBLICATION:

N/A

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BACKGROUND:

                     Petitioner:                     George N. Snelling, LLC                     

                     Property Owner:                     George N. Snelling, LLC                     

                     Agent:                     Davis L. Dinkins, P.E., Davis Dinking Engineering

Key Points:

The petitioner is requesting to change the zoning on two parcels of land from General Business (B-4) to Shopping Center (SC) to allow for outparcel development of the existing Ocala West Shopping Center.

The subject property is currently developed as a shopping center with two in-line retail buildings anchored by Hobby Lobby and an outparcel drive-through restaurant (Twistee Treat). Existing development utilizes shared parking and access driveways, including signalized access at the intersection of SW College Road and SW 17th Road. Existing easements and parking agreements will not be affected by the rezoning.

The subject property's existing building shares a common wall along the western property line (Parcel # 23560-002-09, owned by Blockers Furniture and Carpets Inc.). The adjacent property is not included in this rezoning request.  The attachment of these buildings and the proposed rezoning do not cause any nonconforming development standards.  

Zoning and Land Use Details:

All existing uses on the subject property are permitted in the requested SC zoning district. The surrounding area is characterized by businesses and retail uses. SW College Road is a major arterial roadway and a primary thoroughfare.

 

Planning & Zoning Commission:

Upon question by the commission, the applicant confirmed that the shopping center contains Hobby Lobby. There was no further discussion or questions from the commission or the public.

The Planning & Zoning Commission voted 4-0 to recommend approval to City Council.

 

FINDINGS AND CONCLUSIONS:

                     The proposed rezoning is consistent with the Low Intensity Future Land Use classification.

                     The proposed SC zoning district permits retail and commercial business uses similar to those of the existing B-4 zoning district but does not allow for outdoor sales and merchandise display in the same capacity.

                     The proposed SC zoning district is compatible with the uses existing on the subject property and the surrounding development along SW College Road.

                     The subject property meets the district standards of the SC zoning district.

                     Adequate public facilities exist to service the proposed development.

 

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 2025-5

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-4, GENERAL BUSINESS, TO SC, SHOPPING CENTER, FOR CERTAIN PROPERTY LOCATED AT 2400 SW COLLEGE ROAD (PARCEL NUMBER 23560-002-02 AND 23560-002-12), APPROXIMATELY 10.88 ACRES (CASE NO. ZON24-45818); 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 lands described below are hereby rezoned and reclassified according to the zoning regulation of the City of Ocala, Florida, as SC, Shopping Center:

OCALA WEST SHOPPING CENTER:

COMMENCING AT THE NORTHWEST CORNER OF TAYLOR FIELD ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK C, PAGE 74, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 200 (100 FEET WIDE), THENCE S48°23'05"W 108.38 FEET TO THE NORTHEAST CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1024, PAGE 222 AND 223, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE CONTINUE S48°23'05"W ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1326.26 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S48°23'05"W ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 587.75 FEET; THENCE S41°36'55"E, 200.00 FEET; THENCE S48°23'05"W, 200.00 FEET; THENCE N41°36'55"W, 162.75 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 45.00 FEET; THENCE NORTHWESTERLY ALONG AND WITH SAID CURVE A CHORD BEARING AND DISTANCE OF N13°40'47"W, 42.16 FEET THROUGH A CENTRAL ANGLE OF 55°52'16" AN ARC DISTANCE OF 43.88 FEET TO THE INTERSECTION WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 200; THENCE S48°23'05"W ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 55.75 FEET; THENCE S41°36'55"E, 782.06 FEET; THENCE S68°05'18"E, 190.05 FEET TO THE INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SW 19TH AVENUE ROAD; THENCE N21°54'42"E ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 320.22 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 850.00 FEET; THENCE NORTHEASTERLY ALONG AND WITH SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE A CHORD BEARING AND DISTANCE OF N42°01'07"E, 591.29 FEET THROUGH A CENTRAL ANGLE OF 40°12'49" AND AN ARC DISTANCE OF 603.60 FEET; THENCE DEPARTING FROM SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE ON A NON TANGENT LINE N41°36'55"W, 543.86 FEET; THENCE S48°23'05"W, 130.62 FEET TO THE POINT OF INTERSECTION OF A NON TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 45.00 FEET; THENCE NORTHWESTERLY ALONG AND WITH SAID CURVE A CHORD BEARING AND DISTANCE OF N86°36'55"W, 27.41 FEET THROUGH A CENTRAL ANGLE OF 35°28'05" AND AN ARC DISTANCE OF 27.86 FEET; THENCE DEPARTING FROM SAID CURVE ON A NON TANGENT LINE N41°36'55"W, 163.98 FEET TO THE POINT OF INTERSECTION WITH A NON TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 45.00 FEET; THENCE NORTHWESTERLY ALONG AND WITH SAID CURVE A CHORD BEARING AND DISTANCE OF N00°02'48"W, 22.23 FEET THROUGH A CENTRAL ANGLE OF 28°36'18" AND AN ARC DISTANCE OF 22.47 FEET TO THE POINT OF BEGINNING.

LESS AND EXCEPT THAT PORTION OF THE PROPERTY LYING WITHIN THE RIGHT-OF-WAY OF SW 19TH AVENUE ROAD.

LESS & EXCEPT THOSE LANDS DESCRIBED IN THAT CERTAIN SPECIAL WARRANTY DEED, RECORDED IN OFFICIAL RECORDS BOOK 3216, PAGE 274, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.

 ALL OF THE ABOVE ALSO DESCRIBED AS FOLLOWS PURSUANT TO THE ALTA/ACSM LAND TITLE SURVEY PREPARED BY JAMES D. BRAY, PSM, FLORIDA REGISTRATION NO. 6507, DATED SEPTEMBER 24, 2014, LAST REVISED OCTOBER 30, 2014 PROJECT NO. 201402438-2:

COMMENCING AT THE NORTHWEST CORNER OF TAYLOR FIELD ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK C, PAGE 74, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 200 (100 FEET WIDE), THENCE S48°23'05"W 108.38 FEET TO THE NORTHEAST CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1024, PAGE 222 and 223, PUBLIC RECORDS OF MAR1ON COUNTY, FLORIDA; THENCE CONTINUE S48°23'05"W ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1326.26 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S48"23'05"W ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 587.75 FEET; THENCE S41°36'55"E 200.00 FEET; THENCE N48°20'32"E A DISTANCE OF 54.99 FEET; THENCE S41°37'56"E A DISTANCE OF 525.80 FEET; N48°22'04"E A DISTANCE OF 12.00 FEET; THENCE S41°37'56"E A DISTANCE OF 6.00 FEET; THENCE S68°04'18"E A DISTANCE OF 99.86 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SW 19th AVENUE ROAD; THENCE N22°05'59"E ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 26.46 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 850.00 FEET, A CHORD BEARING OF N42°01'06"E, A CHORD DISTANCE OF 591.28 FEET, RUN THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 40°42'26", A DISTANCE OF 603.91 FEET; THENCE N41°36'55"W A DISTANCE OF 543.88 FEET; THENCE S48°23'05"W A DISTANCE OF 130.62 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 45.00 FEET, A CHORD BEARING OF N86°36'55"W, A CHORD DISTANCE OF 27.41 FEET, RUN THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35"27'46", A DISTANCE OF 27.85 FEET; THENCE N41°36'55"W A DISTANCE OF 163.98 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS Of 45.00 FEET, A CHORD BEARING OF N00°02'48"W, A CHORD DISTANCE OF 22.23 FEET, RUN THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 28°36'00", A DISTANCE OF 22.46 FEET TO THE POINT OF BEGINNING.

 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 B-4, General Business, to SC, Shopping Center 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:                                           2025-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.