Submitted By: Jeff Shrum
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Presentation By: Jeff Shrum
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2023-26 concerning a rezoning from M-1, Light Industrial, to B-5, Wholesale Business, for property located at 2640 NW 10th Street; approximately 0.90 acres (Case # ZON22-45004) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub.
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant: Kathy F. Smith
• Owner: Kathy F. Smith
• The applicant is proposing a general/grocery store on the property, no additional development is planned.
• The Planning and Zoning Commission recommended approval with a 6-0 vote at their meeting on November 14, 2022.
FINDINGS AND CONCLUSIONS:
1. Introduction of additional retail and support service uses into this northwest area of the city will have the benefit/potential reduction of vehicular trips due to the limited availability of retail/service/grocery uses in this area.
2. The proposed B-5 zoning is consistent with the existing zoning designation for adjacent properties west and south of the subject property along with properties north (opposite US 27) and therefore the requested B-5 zoning will not create an isolated zoning district.
3. Development standards for the M-1 and B-5 zoning districts are very similar.
4. The amendment does not result in any impact on public services and the level of service.
5. Previous non-conforming General Store and Restaurant uses existed on the subject property and a review of City records did not find any history of issues or complaints regarding these previous non-conforming uses.
6. Any residential use would require subsequent approval by City Council.
7. The amendment is consistent with the City of Ocala Land Development Code.
8. The amendment is consistent with the City of Ocala Comprehensive Plan.
Staff recommends approval.
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 2023-26
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM M-1, LIGHT INDUSTRIAL, TO B-5, WHOLESALE BUSINESS, FOR CERTAIN PROPERTY LOCATED AT 2640 NW 10th STREET, OCALA, FLORIDA (CASE NO. ZON22-45004); 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-5, Wholesale Business:
THE WEST 183.50 FEET OF THE EAST 383.50 FEET, LESS THE SOUTH 350.00 FEET THEREOF, OF THAT PORTION OF THE NW 1/4 OF SW 1/4 OF SW 1/4 SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, LYING SOUTH OF US HIGHWAY NO. 27 AND EAST OF NORTHWEST 27TH AVENUE.
Parcel Identification Number: 22291-000-00
Section 2. The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from M-1, Light Industrial, to B-5, Wholesale 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 __________________, 2022.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2023-26
Introduced: 12/6/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.