Submitted By: Emily W. Johnson, AICP
Presentation By: Emily W. Johnson
end
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Introduce Ordinance 2024-40 to rezone approximately 9.05 acres for property located at 3841 NW 10th Street (Parcel 21821-000-00) from M-1, Light Industrial, to M-2, Medium Industrial (Case ZON24-45636) (Quasi-Judicial)
end
OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
body
BACKGROUND:
• Petitioner: Warehouse Services, LLC
• Property Owner: Warehouse Services, LLC
• Agent: David Tillman, P.E., Tillman & Associates Engineering, LLC
• The property is currently developed with an existing non-conforming single-family residence constructed in 1967. The agent indicates the single-family residence will be demolished.
• The petitioner intends to redevelop the subject property with a warehouse and accessory outdoor storage uses.
• One of the primary differences between the M-1 and M-2 zoning districts is the allowance of unlimited outdoor storage within the M-2 zoning district.
• Prior to the adoption of the 2035 Vision and an associated Comprehensive Plan update, the subject and adjacent properties were designated as Medium Industrial Future Land Use Category.
• Currently, the surrounding area is designated as Employment Center Future Land Use Category and is primarily characterized by industrial development.
• Buffering, in accordance with Section 122-260 of the Code of Ordinances, will be required and shall be addressed during the site plan review for redevelopment of the subject property.
• A letter of objection from the property owner of the nearby single-family residence (located at 1360 NW 33rd Avenue, identified by Parcel Number 21826-000-00) has been received, and is included in the packet for reference. The letter details objections related to potential impacts from industrial development.
• The Planning & Zoning Commission discussed the objection and potential impacts with the nearby property owner and applicant. Any applicable code requirements will be required between the uses regardless of the similarity in zoning.
• The Planning & Zoning Commission voted unanimously to recommend approval at the May 20, 2024, meeting.
FINDINGS AND CONCLUSIONS:
The M-2, Medium Industrial zoning district is consistent with the Employment Center future land use classification, pursuant to Section 122-244. Adequate public facilities exist to service the proposed development. The proposed zoning is consistent and compatible with the surrounding area. Staff recommends approval.
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 2024-40
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM M-1, LIGHT INDUSTRIAL, TO M-2, MEDIUM INDUSTRIAL, FOR PROPERTY LOCATED AT 3841 NW 10TH STREET (PARCEL 21821-000-00), APPROXIMATELY 9.05 ACRES (ZON24-45636); 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, Light Industrial:
SW ¼ OF THE NE ¼ OF THE SW ¼ OF SECTION 11, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA. LESS AND EXCEPT THE SOUTH 30 FEET THEREOF AND COMMENCE AT NW CORNER OF EAST ½ OF THE NE ¼ OF THE SW ¼ OF SECTION 11. THEN S. 00° 07’ 22” W 1117.73 FEET TO POB. THEN S. 00° 07’ 22” W 175 FEET. THEN N. 89° 38’ 31” W 125 FEET. THEN N. 00° 07’ 22” W 175 FEET. THEN S. 89° 38’ 31” E 125 FEET TO POB.
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, to M-2, Medium 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: 2024-40
Introduced: 6/4/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.