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File #: 2025-0518   
Type: Ordinance Status: Passed
File created: 1/8/2025 In control: City Council
On agenda: 1/21/2025 Final action: 1/21/2025
Title: Adopt Ordinance 2025-15 to rezone 1.14 acres from R-2, Two-Family Residential, to R-3, Multi-Family Residential, for property located in the 700 block of SW Third Street (Parcel 2848-002-001) (Case: ZON24-0003) (Quasi-Judicial)
Introduced By: Jay A. Musleh
Attachments: 1. ZON24-0003 Staff Report, 2. ZON24-0003 Vasquez Civil LLC Aerial Map, 3. ZON24-0003 Vasquez Civil LLC Case Map, 4. EG Smith Addition Plat

Submitted By: Kristina Wright

presenter

Presentation By: Endira Madraveren

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

title

Adopt Ordinance 2025-15 to rezone 1.14 acres from R-2, Two-Family Residential, to R-3, Multi-Family Residential, for property located in the 700 block of SW Third Street (Parcel 2848-002-001) (Case: ZON24-0003) (Quasi-Judicial)

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OCALA’S RELEVANT STRATEGIC GOALS:

Quality of Place

PROOF OF PUBLICATION:

N/A

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BACKGROUND:

The subject property was established as a portion of Lot 2 via the E.G. Smith Addition Plat (Plat Book E, Page 9). The property has remained undeveloped for more than 30 years. Several single-family homes exist within proximity to the subject property.  Many of the properties directly adjacent to the subject property remain undeveloped.

Planning and Zoning Commission:

Staff presented the rezoning request to the Planning and Zoning Commission at the December 9, 2024, meeting.  During the hearing, staff clarified that there were no existing duplexes in the immediate area of the subject property, permitted density is established through the comprehensive plan future land use category and not zoning, and a formal site plan review will be required for development of the site.  There was no public comment; however, objection letters received were noted.

 

The Planning and Zoning Commission voted 6-0 to recommend approval to City Council.

 

FINDINGS AND CONCLUSIONS:

 

                     The proposed rezoning is consistent with the existing Neighborhood Future Land Use designation, pursuant to Code of Ordinances Section 122-244.

                     The proposed zoning change to the R-3 would expand development options for the subject property by adding the following permitted uses by right: conference center, bed and breakfast, single-family attached dwellings (townhomes), multi-family dwellings, and increase the maximum number of residents in a community residential home from 8-12 residents.

                     No Level of Service issues have been identified for public facilities as a result of the zoning amendment.

 

 

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 2025-15

 

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM R-2, TWO-FAMILY RESIDENTIAL, TO R-3, MULTI-FAMILY RESIDENTIAL, FOR THE PROPERTY LOCATED IN THE 700 BLOCK OF SW 3RD STREET (PARCEL 2848-002-001),  APPROXIMATELY 1.14 ACRES (CASE NO. ZON24-0003); 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 R-3, Multi-Family Residential:

 

SEC 18 TWP 15 RGE 22 PLAT BOOK E PAGE 009 E G SMITH ADD LOT 2 EXC COM AT THE NW COR TH S 100 FT THE 108.90 FT THN 100 FT TH W 108.90 FT TO THE 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 R-2, Two-Family Residential, to R-3, Multi-Family Residential, 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                      Kristen M. Dryer

City Clerk                     President, Ocala City Council

 

Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2025.

 

                     By: __________________________________

                     Ben Marciano

                     Mayor

 

Approved as to form and legality:

 

By: _________________________________

William E. Sexton

City Attorney

 

Ordinance No:                                           2025-15

Introduced:                                           1/7/2025

Adopted:                                           Click or tap to enter a date.

Legal Ad No:                                           Click or tap here to enter text.