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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Introduce Ordinance 2025-2 to rezone approximately 8.85 acres of a 9.16 acre property located in the 2600 block of NE 36th Avenue (Parcel 24241-010-00) from M-1, Light Industrial, to M-2, Medium Industrial (Case ZON24-45799) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: Felicia Brooks
• Property Owner: Felicia Brooks
Key Points:
The applicant has requested to rezone 8.85 acres of the total 9.16 acres of the subject property from M-1, Light Industrial, to M-2, Medium Industrial, to facilitate the development of a recreational vehicle and boat outdoor storage establishment. No site or conceptual plan has been submitted; however, site plan approval will be required. The northern portion of the property has an existing 100-foot-wide segment of an overall 200-foot-wide Duke Energy easement.
Zoning Details:
In 2006, a land use and zoning change was denied due to the location of the easement and concerns with access to the site. More recently, the petitioner acquired the adjoining property to the south along NE 36th providing unified ownership of approximately 200-feet of frontage along NE 36th Avenue. Retaining the M-1 zoning along the frontage of NE 36th Avenue will serve as a buffer and help maintain the light industrial character along NE 36th Avenue.
Planning and Zoning Commission:
The School Board commission member requested clarification as to the proximity to Booster Stadium. Staff confirmed the site is located approximately 250-feet south and on the opposite side of NE 36th Avenue from the southern driveway entrance of Booster Stadium. There was no further discussion or questions from the commission.
The Planning and Zoning Commission voted 4-0 to recommend approval to City Council.
FINDINGS AND CONCLUSIONS:
• The proposed rezoning is consistent with the Employment Center Future Land Use classification.
• Adequate public facilities exist within a 1/8-mile radius; however, it will be the developer’s obligation to extend services to meet their needs. City Water Resources indicate that the ability to connect to existing infrastructure exists.
• The rezoning maintains the frontage along NE 36th Avenue with the M-1 zoning to maintain the light industrial character of this corridor.
• The Duke Energy transmission easement along with buffering and development standards (upon site development) will help to minimize the visual impact on the surrounding properties.
Staff recommends approval.
FISCAL IMPACT: N/A
LEGAL REVIEW: The ordinance is pending review by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2025-2
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 2600 BLOCK OF NE 36TH AVENUE (PARCEL 24241-010-00), APPROXIMATELY 8.85 ACRES (CASE NO. ZON24-45799); 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, Medium Industrial:
PARCEL ID: 24241-010-00)
COMMENCE AT THE NORTHEAST CORNER OF LOT 2, BLOCK A OF RUFF SUBDIVISION AS PER PLAT THEREOF RECORDED IN PLAT BOOK V, PAGE 70 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, THENCE
N89°45'12"W, ALONG THE NORTH BOUNDARY LINE OF SAID LOT 2 A DISTANCE OF 199.36 FEET, THENCE N00°00'27"W A DISTANCE OF 200.00 FEET, THENCE N89°45'12"W A DISTANCE OF 212.80 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF N.E. 36TH AVENUE, THENCE
N00°00'27"W ALONG SAID EAST RIGHT OF WAY A DISTANCE OF 230.38 FEET TO A POINT ON THE CENTERLINE OF A 200 FOOT WIDE FLORIDA POWER CORPORATION EASEMENT, THENCE S68°35'03"E ALONG SAID CENTERLINE A DISTANCE OF 1773.29 FEET TO A POINT ON THE NORTH BOUNDARY OF N.E. 36TH AVENUE INDUSTRIAL PARK AS PER PLAT THEREOF RECORDED IN PLAT BOOK T, PAGE 24 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, THENCE N89°45'12"W ALONG SAID NORTH BOUNDARY A DISTANCE OF 1238.63 FEET, THENCE N00°00'27"W A DISTANCE OF 210.00 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING:
COMMENCE AT THE WEST 1/4 CORNER OF SECTION 2, THENCE S00°10'52"E, A DISTANCE OF 402.46 FEET; THENCE S89°55'39"E, A DISTANCE OF 30.00
FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF NE 36TH AVENUE ALSO BEING THE POINT OF BEGINNING, THENCE N00°10'52"W, A DISTANCE OF 130.39 FEET; THENCE S68°45'28"E, A DISTANCE OF 52.86 FEET TO A POINT LYING ON A NON TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5784.58 FT, FROM TANGENT BEARING OF S01°06'40"W ALONG A CURVE THROUGH A CENTRAL ANGLE OF 01-06-10, AN ARC DISTANCE OF 111.35 FEET, THENCE N89°55'39"W, A DISTANCE OF 45.63 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPT:
DESCRIPTION: (PARCEL ID: 24241-010-01)
COMMENCE AT THE NORTHEAST CORNER OF LOT 2, BLOCK A RUFF SUBDIVISION AS PER PLAT THEREOF RECORDED IN PLAT BOOK V, PAGE 70 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, THENCE N89°45'12"W, A DISTANCE OF 199.36 FEET; THENCE N00°00'27"W, 200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N00°00'27"W, A DISTANCE OF 75.00 FEET; THENCE N56°21'04"W, A DISTANCE OF 45.41 FEET; THENCE N89°45'12"W, A DISTANCE OF 175.00 FEET; THENCE S00°00'27E, A DISTANCE OF 100.00 FEET; THENCE S89°45'12"E, A DISTANCE OF 212.80 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPT:
COMMENCE AT THE WEST 1/4 CORNER OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA; THENCE S.00°10'52"E., ALONG THE WEST BOUNDARY OF THE SOUTHWEST 1/4 OF SAID SECTION 2, A DISTANCE OF 402.46 FEET; THENCE S 89°55'39"E. A DISTANCE OF 75.63 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF NE 36TH AVENUE AND THE POINT OF BEGINNING OF THIS DESCRIPTION, SAID POINT BEING ON A CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 5784.58 FEET AND A DELTA ANGLE OF 1°06'10"; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 111.34 FEET, HAVING A CHORD BEARING AND DISTANCE OF N.01°35'30"E., 111.34 FEET; THENCE DEPARTING SAID RIGHT OF WAY S.68°42'17"E. A DISTANCE OF 175.60 FEET; THENCE S.00°13'51"E. A DISTANCE OF 72.75 FEET; THENCE N.56°31'41"W. A DISTANCE OF 45.37 FEET; THENCE N.89°54'47"W. A DISTANCE OF 129.15 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 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-XX
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.