Submitted By: Kristina L. Wright
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Presentation By: Kristina L. Wright
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Public Hearing to rezone approximately 1.29 acres for property located at 4001 NW Blitchton Road (Parcel 21537-002-00) from B-2, Community Business (County), to B-2, Community Business (City) (Case ZON24-45822) (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/Property Owner: C.L.D. Properties, LTD
• Agent: Tracy Rains, Dinkins Realty, LLC
A rezoning request has been made to rezone a 1.29-acre parcel (21537-002-00) from B-2 (Marion County), Community Business to B-2 (City), Community Business to allow facilitate future commercial development.
The subject property, identified by Parcel Identification Number 21537-002-00, contains an approximate 1.29 acres, and is located at 4001 NW Blitchton Road. This request is accompanied by concurrent applications to annex to obtain City services also reducing an existing enclave (ANX24-45820); and to change the future land use designation from Commercial (County) to Medium Industrial/Special District (City) (LUC24-45821). The subject property is contiguous to the City limits.
The property was originally developed as a saloon in Marion County, but the building was destroyed by fire and later demolished in 1995. The property has been used for overflow tractor-trailer truck parking for nearby commercial businesses.
FINDINGS AND CONCLUSIONS:
• The proposed rezoning is consistent with the proposed Medium Intensity/Special District Future Land Use (LUC24-45821) classification pursuant to Code of Ordinances Section 122-244.
• The requested B-2 zoning district allows for a variety of commercial uses and allows similar uses to the existing county B-2 zoning classification.
• Adequate public facilities exist to service the proposed development.
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
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Aerial Map
• Site Sketch
ORDINANCE 2024-XX
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-2, COMMUNITY BUSINESS (COUNTY), TO B-2, COMMUNITY BUSINESS (CITY), FOR THE PROPERTY LOCATED AT 4001 NW BLITCHTON ROAD (PARCEL 21537-002-00), APPROXIMATELY 1.29 ACRES (CASE NO. ZON24-45822); 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-2, Community Business:
Commencing at the Southeast comer of Section 3, Township 15 South, Range 21 East, thence
North 89 degrees, 52'33"W., 47.08 feet to the Westerly right of way line of Interstate Highway 75; thence North 0 degrees 31'12"E., along said right of way line 275.35 feet; thence North 11 degrees, 07'06"E., along said right of way line 130.00 feet; thence North 89 degrees 52'33"W., 441.75 feet; thence South 21 degrees 45'13"W., 563.59 feet to the Northerly right of way line of U.S. Highway 27; thence North 61 degrees 53'33"W., along said right of way line 200.25 feet for the point of beginning; thence 61degrees 53'33"W., along said right of way line 57.42 feet to the South boundary of said Section 3, said point being 60.00 feet from and at right angle to the centerline of said U.S. Highway 27; thence North 89 degrees, 52'33"W., along said South boundary and along said Northerly right of way line, 21.30 feet to a point that is 50.00 feet from and at right angle to said centerline; thence North 61 degrees 53'33"W., along said Northerly right of way line and parallel with said centerline 122.93 feet; thence North 23 degrees 21'28"E., 285.03 feet; thence South 61 degrees 53'33"E., 200.00 feet; thence South 23 degrees 21'28"W., 275.00 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-2 (Marion County), Community Business, to B-2, Community 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 the later of:
1. Approval by the mayor, or upon becoming law without such approval;
or
2. The effective date of Ordinance 2024- ____ (Ref Land Use Case LUC24-45821)
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-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.