Submitted By: Endira Madraveren
Presentation By: Endira Madraveren
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2023-61 concerning a rezoning from M-1, Light Industrial, to M-2, Medium Industrial, for a portion of the property located in the 3000 block of NE 36th Avenue, between NE 25th Street and NE 33rd Street (Parcel 24236-000-00), approximately 2.12 acres (Case ZON23-45261) (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: 4-H Equities, LLC
• Property Owner: 4-H Equities, LLC
• Agent: Fred N. Roberts, Jr., Esq, Klein & Klein, LLC
• The property was annexed into the City in 2009 with a land use designation of Light Industrial and zoning of M-1, Light Industrial.
• Citywide comprehensive plan amendment, adopted on January 22, 2013 (Ordinance 2013-13), changed the future land use designation of the subject property from Light Industrial to Employment Center.
• The original property went through several real estate transactions, resulting in the creation of the subject property and several others.
• The property owner proposes to develop the property as a mixed-use project with office to the west fronting NE 36th Avenue and warehouse, outdoor storage, and RV/boat storage to the east. The warehouse, outdoor storage and RV/boat storage is better suited to M-2, Medium Industrial zoning.
• The proposal is to rezone the easternmost +2.12 acres to M-2, leaving the +0.89 acres as M-1 to screen the outdoor uses from NE 36th Avenue.
Planning & Zoning Commission recommended approval by a vote of 5-0 at the August 14, 2023, meeting.
FINDINGS AND CONCLUSIONS: The M-1, Light Industrial, and M-2, Medium Industrial, zoning districts are consistent with the Employment Center future land use classification. The proposed zoning is consistent and the uses in the proposed zoning district are 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 2023-61
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM M-1, LIGHT INDUSTRIAL, TO M-2, MEDIUM INDUSTRIAL, FOR A PORTION OF THE PROPERTY LOCATED IN THE 3000 BLOCK OF NE 36TH AVE, BETWEEN NE 25TH STREET AND NE 33RD STREET (PARCEL 24236-000-00), APPROXIMATELY 2.12 ACRES (CASE NO. ZON23-45261); 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 M-2, Medium Industrial:
A PORTION OF THE S.W. 1/4 OF THE N.W. 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 2; THENCE ALONG THE SOUTH BOUNDARY OF THE S.W. 1/4 OF THE N.W. 1/4 OF SAID SECTION 2, N.89°51’43”E., A DISTANCE 98.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF N.E. 36TH AVENUE (RIGHT OF WAY WIDTH VARIES), SAID POINT BEING THE S.E. CORNER OF LANDS DESCRIBED AS PARCEL 122C TO THE CITY OF OCALA, AS RECORDED IN OFFICIAL RECORDS BOOK 6697, PAGE 877 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE ALONG SAID EAST RIGHT OF WAY LINE, N.00°14’08”E. A DISTANCE 457.41 FEET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, S.89°45’52”E., A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING. THENCE N.00°14’08”E., A DISTANCE 251.56 FEET; THENCE N.89°44’59”.E, A DISTANCE OF 364.38 FEET; THENCE S.00°08’17”E., A DISTANCE OF 254.66 FEET; THENCE N.89°45’52”W., A DISTANCE OF 366.03 TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 2.12 ACRES, MORE OR LESS.
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 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 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: 2023-61
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.