Submitted By: Breah Miller
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-38 a zoning change from General Agriculture, A-1 (County), to Medium Industrial, M-2 (City), for approximately 35.6 acres of property located at SE corner of 3848 NW 27TH AVE (Case ZON22-44698) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place .
PROOF OF PUBLICATION:
4/8/2022 - 29655134
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BACKGROUND:
• Petitioner: TC Florida Development, Inc
• Property Owner: Julia Ann Carter
• The subject property will be considered for annexation by City Council on the same agenda as the land use category and zoning designation. Upon annexation, it is appropriate to adopt a City land use and zoning designation.
• The rezoning will be for the SE 35.6 acres of the 142.02 acres
• M-2, Medium Industrial allows the proposed use of 450,000 square feet of industrial warehouse.
FINDINGS AND CONCLUSIONS: The M-2 zoning district is consistent with the Comprehensive Plan and compatible with surrounding development in the Employment Center land use district. Staff recommends approval. The Planning and Zoning Commission recommended approval by a vote of 6 to 0 on March 14, 2022.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The Ordinance is pending review by the City Attorney, Robert W. Batsel Jr.
ALTERNATIVE:
• Approve
• Deny
• Table
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Case Aerial
ORDINANCE 2022-38
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM A-1, GENERAL AGRICULTURAL (COUNTY) TO M-2, MEDIUM DENSITY (CITY), FOR CERTAIN PROPERTY LOCATED AT THE SE CORNER OF 3848 NW 27TH AVENUE OCALA, FLORIDA (CASE NO. ZON22-44698); 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 M-2, Medium Industrial:
A PARCEL OF LAND LYING IN THE SOUTHEAST ¼ OF SECTION 35, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST ¼ OF SECTION 35, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE PROCEED N00°22’33”E ALONG THE EAST BOUNDARY OF SAID SOUTHEAST ¼ OF SECTION 35, A DISTANCE OF 100.02 FEET TO A POINT; THENCE DEPARTING SAID EAST LINE N89°30’38”W A DISTANCE OF 32.77 FEET TO THE SOUTHWEST CORNER OF PARCEL “A” AS DESCRIBED IN OFFICIAL RECORDS BOOK 6616, PAGE 1373, SAID POINT ALSO BEING ON THE NORTH RIGHT OF WAY LINE OF NORTHWEST 35TH STREET AS DESCRIBED IN OFFICIAL RECORD BOOK 5820, PAGE 63, ALL OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE, N89°30’38”W A DISTANCE OF 1348.73 FEET TO A POINT AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY LINE N89°30’38”W A DISTANCE OF 798.01 FEET TO A POINT OF CURVATURE OF A NON-TANGET CURVE; THENCE ALONG A CURVE TO THE RIGHT BEING CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1440.00 FEET, A CHORD BEARING N74°33’26”W AND A CHORD LENGTH OF 348.82 FEET THROUGH A CENTRAL ANGLE OF 13°54’48” AND AN ARC LENGTH OF 349.68 FEET TO A POINT; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, N24°46’37”E A DISTANCE OF 106.94 FEET TO A POINT; THENCE N00°28’16”E A DISTANCE OF 1238.87 FEET TO A POINT; THENCE S89°30’41”E A DISTANCE OF 1091.41 FEET; THENCE S00°29’19”W A DISTANCE OF 1426.36 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 1,549,828 SQUARE FEET OR 35.579 ACRES, MORE OR LESS.
(aka: Parcel 13717-000-00)
Section 2. The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from A-1, General Agricultural (County), to M-2, Medium Industrial (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 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: 2022-38
Introduced: 4/5/2022
Adopted: 4/19/2022
Legal Ad No: 4/8/2022 - 29655134