Submitted By: Emily W. Johnson, AICP
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2024-17 to rezone from M-1, Light Industrial District, to M-2, Medium Industrial District, for property located at 410 SW 52nd Avenue, parcel 2318-005-010, approximately 5.43 acres (Case ZON23-45463) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: Fifty Second Avenue Associates, Inc.
• Agent: Tara L. Tedrow, Esq., Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
• Property Owner: Fifty Second Avenue Associates, Inc.
• The applicant is requesting to rezone the subject properties from M-1, Light Industrial, to M-2, Medium Industrial. To supplement the application, the agent provided a justification statement which indicates an intention to redevelop the subject property by demolishing the existing high-dock and constructing a new at-grade warehouse building within the existing footprint.
• The subject property is surrounded by M-1-zoned parcels; however, two parcels within the Ocala Airport Commerce Center are zoned M-2 (2318-007-004 and 2318-008-002). Due to the subject property’s central location within the Commerce Center and Employment Center Future Land Use, the requested zoning change is not anticipated to produce a substantial negative impact on surrounding properties.
• To mitigate any impacts to surrounding properties, the petitioner has identified that either a 25-foot-wide landscaped buffer area or a 10-foot-wide landscaped buffer area with a cementitious wall will be provided, consistent with the buffering provisions contained under City of Ocala Code of Ordinances Section 122-260. Buffering requirements will be addressed at such time that a site plan application is reviewed for redevelopment of the subject property.
• The subject property meets minimum lot area (20,000 square-feet) and frontage requirement (100-feet) for the requested M-2 zoning district.
• The Planning and Zoning Commission unanimously voted to recommend approval at the meeting on January 8, 2024.
FINDINGS AND CONCLUSIONS: The M-2, Medium Industrial zoning district is consistent with the Employment Center future land use classification. Adequate public facilities exist to service the proposed development. The proposed zoning is consistent and compatible with the surrounding area. Staff recommends approval of the request.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance will be reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2024-17
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM M-1, LIGHT INDUSTRIAL DISTRICT, TO M-2, MEDIUM INDUSTRIAL DISTRICT, FOR PROPERTY LOCATED AT 410 SW 52ND AVENUE, PARCEL 2318-005-010, APPROXIMATELY 5.43 ACRES (CASE ZON23-45463); 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 M-2, Medium Industrial District:
THE SOUTH 192.73’ OF LOT 10 AND THE NORTH 207.27’ OF LOT 9, BLOCK “E”, “OCALA AIRPORT COMMERCE CENTER”. PLAT BOOK “U”, PAGES 74 AND 75, SECTION 16, TOWNSHIP 15 SOUTH, RANGE 21 EAST LESS AND EXCEPT ROAD RIGHT-OF-WAY DESCRIBED AS THE EAST 10’ OF THE ABOVE DESCRIBED PARCEL MORE PARTICULARLY DESCRIBED IN WARRANTY DEED AS SHOWN IN OFFICIAL RECORDS BOOK 1700, PAGE 727 THROUGH 729, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
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 M-1, Light Industrial District, to M-2, Medium Industrial District, 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: 2024-17
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.