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File #: 2023-0540   
Type: Ordinance Status: Passed
File created: 2/9/2023 In control: City Council
On agenda: 2/21/2023 Final action: 2/21/2023
Title: Adopt Ordinance 2023-29 to rezone from SC, Shopping Center, to B-2, Community Business, for property located on the west side of Tartan Road, south of properties addressed 5500 and 5300 SW College Road; approximately 3.18 acres (ZON22-45052) (Quasi-Judicial)
Introduced By: Jay A. Musleh
Attachments: 1. Staff Report, 2. Case Map, 3. Aerial, 4. P&Z Minutes ZON22-45052 Ocala Trophy 1-9-23

Submitted By: Breah Miller

presenter

Presentation By: Jeff Shrum

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

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Adopt Ordinance 2023-29  to rezone from SC, Shopping Center, to B-2, Community Business, for property located on the west side of Tartan Road, south of properties addressed 5500 and 5300 SW College Road; approximately 3.18 acres (ZON22-45052) (Quasi-Judicial)

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OCALA’S RELEVANT STRATEGIC GOALS:

Economic Hub, Quality of Place

PROOF OF PUBLICATION:

Click or tap here to enter text.

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BACKGROUND:

                     Applicant:                                                                Ocala Trophy Limited Partnership

                     Property Owner:                                          Ocala Trophy Limited Partnership

                     The subject property is part of Heath Brook South B-2 plat which was platted in May 2003.

                     The property was planned to be used for phase III of the Heath Brook Shopping Center, but the site remains undeveloped.

                     The property owner is seeking SC, Shopping Center, for a proposed multi-story, internally accessed, self-storage facility.

                     Site plan approval is needed prior to development.

                     B-2, Community Business, is compatible with the Low-Intensity land use and surrounding area.

 

Planning & Zoning Commission recommended approval by a vote of 5-0 at the January 9, 2023, meeting.

 

FINDINGS AND CONCLUSIONS:

The B-2 zoning district is consistent with the Low-Intensity future land use classification and with the surrounding area. Staff recommends approval of the requested zoning designation.

 

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 2023-29

 

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM SC, SHOPPING CENTER, TO B-2, COMMUNITY BUSINESS, FOR CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF TARTAN ROAD, SOUTH OF PROPERTIES ADDRESSED 5500 AND 5300 SW COLLEGE ROAD (CASE ZON22-45052); 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 PORTION OF PARCEL 3 OF HEATHBROOK SOUTH B-2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 116 THROUGH 119, INCLUSIVE, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 3: THENCE S 48°11’23” E, ALONG THE SOUTHWESTERLY BOUNDARY THEREOF, A DISTANCE OF 316.06 FEET TO THE POINT OF BEGINNING; THENCE N 41°48’37” E, A DISTANCE OF 412.07 FEET TO THE NORTHEASTERLY BOUNDARY OF SAID PARCEL 3, ALSO BEING A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF TARTAN ROAD; THENCE

S 48°11’23” E ALONG SAID BOUNDARY, A DISTANCE OF 336.21 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 3; THENCE

S 41°48’37” W, ALONG SAID BOUNDARY, A DISTANCE OF 412.06 FEET TO THE AFORESAID SOUTHWESTERLY BOUNDARY OF PARCEL 3; THENCE

N 48°11’23” W, ALONG SAID BOUNDARY, A DISTANCE OF 336.13 FEET TO THE POINT OF THE BEGINNING.

 

CONTAINING 138,509 SQUARE FEET OR 3.18 ACRES, MORE OR LESS.

 

PARCEL NUMBER: 2389-100-003

 

                     Section 2.  The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from SC, Shopping Center, 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                      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:                                           2023-29

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.