Submitted By: Ngozi Ajufo
presenter
Presentation By: Emily Johnson
end
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Ordinance 2024-46 to rezone approximately 0.31 acres of property located at 406 Southeast Eighth Street (Parcel 2820-101-004) from R-2, Two-family, to RO, Residential Office (Case ZON24-45670) (Quasi-Judicial)
end
OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
body
BACKGROUND:
• Petitioner: Ami DiLorenzo and Robert Cole
• Property Owner: Ami DiLorenzo and Robert Cole
• Agent: Rebecca Lorenz
As a result of a pre-application conversation with staff, a rezoning request was made to permit the use of a hairstyling shop on the subject property pursuant to section 122-373(3)(f). The properties to the east and west are zoned RO, Residential Office. These properties are doing business as Think Technologies Group and Bello Midlevel Primary Care & Wellness Center. The property to the north is Eighth Street Elementary School, zoned INST, Institutional. The subject property meets the minimum frontage requirement of 100 feet, the minimum lot area requirement of 12,500 square feet, and the maximum building coverage requirement of 30 percent.
The existing R-2, Two-family zoning classification, and the proposed zoning classification RO, Residential Office, both allow similar residential uses; however, R-2 does not allow hairstyling shops. Due to the change in use from single-family residential, a site plan will be required, which ensures consistency with the land development regulations.
The Planning and Zoning Commission recommended approval by a vote of 4-0 on July 8, 2024. During the meeting, the board inquired whether staff had evaluated the potential for on-site parking. It raised the concern that the location has limited access to street parking due to the proximity of the schools. Staff affirmed that the petitioner was made aware that on-site parking was required and that the parking lot installation would be assessed during the site plan review.
FINDINGS AND CONCLUSIONS: The requested RO, Residential Office zoning district is consistent with the existing Neighborhood future land use classification, pursuant to section 122-244 of the Ocala Code of Ordinances, and will not adversely affect the health, safety, convenience, prosperity, or general welfare of the community. Site alteration to the subject properties will be subject to a site plan review. The proposed 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 2024-46
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM R-2, TWO-FAMILY, TO RO, RESIDENTIAL OFFICE, FOR THE PROPERTIES LOCATED AT 406 SOUTH EAST 8TH STREET (PARCELS 2820-101-004), APPROXIMATELY 0.31 ACRES (CASE NO. ZON24-45670); 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 RO, Residential Office:
COMMENCING 218 FEET EAST OF THE NORTHWEST CORNER OF BLOCK A, OF CALDWELL’S ADDITION TO THE CITY OF OCALA, AS PER PLAT THEREOF RECORDED IN PLAT BOOK E, PAGE 4, PUBLIC RECORDS MARION COUNTY, FLORIDA, A SUBDIVISION OF THE ALVAREZ GRANT, THENCE SOUTH 127.5 FEET, EAST 105 FEET, NORTH 127.5 FEET, AND WEST 105 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 R-2, Two-family, to RO, Residential Office, 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: 2024-46
Introduced: 8/6/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.