Submitted By: Breah Miller, Planner II
presenter
Presentation By: Endira Madraveren
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2024-62 to rezone approximately 9.10 acres for property located at 240 SW 46th Avenue (Parcel 2284-006-000) from B-2, Community Business, to M-1, Light Industrial (Case ZON24-45729) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ1
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BACKGROUND:
• Petitioner: CR 462 Property, LLC
• Property Owner: CR 462 Property, LLC
• Agent: Rodney Rogers, P.E., Rogers Engineering & Land Surveying, LLC
The applicant requests to rezone the subject property from B-2, Community Business, to M-1, Light Industrial, to allow a home garden and hobby farm equipment sales establishment on the property.
The subject property was annexed in 2000 and zoned M-1, Light Industrial. In 2021, it was rezoned from M-1, Light Industrial, to B-2, Community Business, as part of a proposed project that included the adjacent property to the north. No development was undertaken to complete that project. The subject property has frontage on SW 46th Avenue and is surrounded by industrial and heavy business uses.
At their August 12, 2024, meeting, the Planning and Zoning Commission recommended approval of this petition by a vote of 4-0.
FINDINGS AND CONCLUSIONS: The requested rezoning to M-1, Light Industrial, is consistent with the comprehensive plan, the existing Employment Center future land use classification, and will not adversely affect the health, safety, convenience, prosperity, or general welfare of the community. Additionally, the proposed M-1 zoning is compatible with the surrounding area.
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 2024-62
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-2, COMMUNITY BUSINESS, TO M-1, LIGHT INDUSTRIAL, FOR THE PROPERTY LOCATED AT 240 SW 46TH AVENUE (PARCEL 2284-006-000), APPROXIMATELY 9.10 ACRES (CASE NO. ZON24-45729); 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-1, Light Industrial:
COMMENCE AT SOUTHEAST CORNER OF THE S.W. 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE N00°26’56”E, ALONG THE EAST LINE OF SAID S.W. ¼, A DISTANCE OF 1330.04 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ½ OF SAID S.W. ¼; THENCE DEPARTING SAID EAST LINE, PROCEED S89°50’07”W ALONG SAID SOUTH LINE A DISTANCE OF 1320.17 FEET TO THE POINT OF BEGINNING; THENCE S89°50’07”W, ALONG SAID SOUTH LINE A DISTANCE OF 647.01 FEET; THENCE DEPARTING SAID SOUTH LINE, PROCEED N00°01’22”W, A DISTANCE OF 624.03 FEET; THENCE N89°50’33”E, A DISTANCE OF 623.35 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF S.W. 46TH AVENUE (WIDTH WARIES); THENCE S02°11’42”E, ALONG SIDE RIGHT-OF-WAY LINE, A DISTANCE OF 624.34 FEET TO THE POINT OF BEGINNING.
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 B-2, Community Business, to M-1, Light Industrial, 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: 2024-62
Introduced: 9/3/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ