Submitted By: Divya Govindaraju
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-27 for a zoning change from B-1, Neighborhood Business, to M-2, Medium Industrial, for approximately 6.47 acres of property located between SW 44th Avenue and SW 46th Avenue in the 400 block (420 SW 44th Avenue) (Case ZON22-44636) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub
PROOF OF PUBLICATION:
3/4/22 - 6972371
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BACKGROUND:
• Applicant: Whitley Capital, LLC
• Property Owner: Gregory J. Ritter
• Agent: Fred N. Roberts, Jr., Esq.
• The property is being purchased by Whitley Capital LLC, which plans to develop the parcel along with an adjacent parcel to the south as a warehouse/distribution center.
• This parcel has access on SW 46th Ave and SW 44th Ave.
• SW 46th Avenue is currently a two-lane road, but the City plans to expand the road to four lanes between State Road 40 and State Road 200. The City also plans to extend this road north of State Road 40 to connect to NW 44th Avenue south of US 27, which will facilitate a connection all the way north to County Road 326. To the south of the subject property, this road crosses State Road 200 and becomes County Road 475, which then continues all the way east to Maricamp Road. After the planned improvements are made, SW 46th Avenue will become a segment of a major circulator in the City of Ocala.
• The requested zoning change is consistent and compatible with the industrial uses of other parcels along SW 46th Avenue.
• The future land use classification on this property is Employment Center.
• The Ocala Planning & Zoning Commission recommended approval by a 7 to 0 vote during their February 14, 2022 meeting.
FINDINGS AND CONCLUSIONS:
The M-2 zoning district is compatible with the Employment Center future land use classification and with the surrounding area. Staff recommend approval of the requested zoning designation.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: This ordinance is pending review by the City Attorney, Robert W Batsel Jr.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
SUPPORT MATERIALS:
• Case Map
• Case Aerial
ORDINANCE 2022-27
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-1, NEIGHBORHOOD BUSINESS, TO M-2, MEDIUM INDUSTRIAL, FOR CERTAIN PROPERTY LOCATED BETWEEN SW 44TH AVENUE AND SW 46TH AVENUE IN THE 400 BLOCK (420 SW 44TH AVENUE), OCALA, FLORIDA (CASE NO. ZON22-44636), PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, 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:
THE SOUTH 3 1/2 CHAINS (231.0 FEET) OF THE NE 1/4 OF THE SW 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; LESS THAT PORTION TAKEN BY THE CITY OF OCALA KNOWN AS PARCEL 6 AND GUY ANCHOR EASEMENT AS BOTH ARE MORE FULLY DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2770, PAGE 551, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; AND LESS ROAD RIGHT OF WAYS ON EAST AND WEST BOUNDARIES.
(aka: Parcel 22864-000-00)
Section 2. The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from B-1, Neighborhood Business, to M-2, Medium Industrial, 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: 2022-27
Introduced: 3/1/2022
Adopted: 3/15/2022
Legal Ad No: 3/4/22 - 6972371