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File #: 2025-0209   
Type: Ordinance Status: Passed
File created: 11/8/2024 In control: City Council
On agenda: 11/19/2024 Final action: 11/19/2024
Title: Adopt Ordinance 2025-8 to rezone approximately 1.99 acres for property located at 517 SW 27th Avenue along with the property located directly north (Parcel 22687-001-00 and 22686-000-00) from R-2, Two-Family Residential, and INST, Institutional, to B-1, Neighborhood Business (Case ZON24-45815) (Quasi-Judicial)
Introduced By: James P. Hilty Sr
Attachments: 1. ZON24-45815 Staff Report, 2. ZON24-45815 Case Map, 3. ZON24-45815 Aerial Map

Submitted By: Kristina L. Wright, CNU-A

presenter

Presentation By: Endira Madraveren

end

Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

title

Adopt Ordinance 2025-8 to rezone approximately 1.99 acres for property located at 517 SW 27th Avenue along with the property located directly north (Parcel 22687-001-00 and 22686-000-00) from R-2, Two-Family Residential, and INST, Institutional, to B-1, Neighborhood Business (Case ZON24-45815) (Quasi-Judicial)

end

OCALA’S RELEVANT STRATEGIC GOALS:

Quality of Place

PROOF OF PUBLICATION:

N/A

body

BACKGROUND:

                     Petitioner:                     Gala Bank, Inc.

                     Property Owner:                     Richard L. Williamson and DGBP Ocala Investments

                     Agent:                     Paolo Mastroserio, P.E., Mastroserio Engineering, Inc.

Key Points:

The petitioner is requesting to change the zoning on two parcels of land from Institutional (INST) and Two-Family Residential (R-2) to Neighborhood Business (B-1).  Parcel 22687-001-00 (zoned R-2) includes 0.99 acres, and parcel 22686-000-00 (zoned INST) includes a 1.00-acre portion of a 25.79-acre site.

Zoning and Land Use Details:

The rezoning request will allow the coordinated and unified use of the entire site. The requested B-1, zoning allows for neighborhood business and commercial uses. The underlying Neighborhood Future Land Use classification allows for non-residential development to serve surrounding neighborhoods and be compatible with the scale and intensity of surrounding properties.

Planning & Zoning Commission:

Following the staff presentation, the agent presented that a minor site plan had recently been submitted for the development of a financial institution, which will require a special exception.

The Planning & Zoning Commission recommended approval by a 4-0 vote at their October 21, 2024, meeting.

 

FINDINGS AND CONCLUSIONS:

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

                     Public facilities are in place to service future development.

                     The proposed zoning is compatible with the zoning and land use classifications within the surrounding area as well as the City’s Comprehensive Plan and Code of Ordinances.

                     The subject property meets the minimum lot width and lot area requirements.

                     The proposed B-1 zoning provides additional neighborhood commercial and professional service opportunities to the area.

 

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 2025-8

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM INST, INSTITUTIONAL AND R-2, TWO-FAMILY RESIDENTIAL TO B-1, NEIGHBORHOOD BUSINESS FOR CERTAIN PROPERTY LOCATED AT 517 SW 27TH AVENUE ALONG WITH THE PARCEL LOCATED DIRECTLY NORTH (PARCEL NUMBERS 22687-001-00 AND 22686-000-00), APPROXIMATELY 1.99 ACRES (CASE NO. ZON24-45815); 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 lands described below are hereby rezoned and reclassified according to the zoning regulation of the City of Ocala, Florida, as B-1, Neighborhood Business:

 

LEGAL DESCRIPTION “A” (Parcel 22687-001-00)

SEC 13 TWP 15 RGE 21
N 1/6 OF NW 1/4 OF SW 1/4 OF SW 1/4
EXC ROW FOR SW 27TH AV & EXC ROW FOR SW 5TH ST
EXC COMM AT THE SW COR OF NW 1/4 OF SW 1/4 OF SW 1/4
TH N 00-39-42 E ALG W LINE 552.89 FT TH S 89-09-49 E ALG
30 FT TO A POINT ON THE E ROW LINE OF SW 27TH AVE
POINT BEING ON THE SW COR & POB TH CONT S 89-09-49 E ALG
& S LINE OF 20 FT TO LINE PARALLEL WITH & ELY 50 FT
FROM W LINE TH N 00-39-42 E ALG LINE 31.74 FT TH
N 45-45-25 E 56.47 FT TO A LINE & SLY 40 FT CNTRLINE OF
SW 5TH ST TH N 89-08-52 W ALG PARALLEL LINE 60 FT TO
THE E LINE OF SW 27TH AVE TH S 0-39-42 W ALG E LINE
SW 27TH AVE TH S 00-39-42 W ALG E LINE 71.75 FT TO THE
POB

AND

LEGAL DESCRIPTION “B” (Parcel 22715-000-00)

A PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHEAST CORNER OF LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 851, PAGE 668 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE ALONG THE NORTH BOUNDARY OF SAID LANDS, N.89°15'17"W., 311.37 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID NORTH BOUNDARY, S.00°40'35"W., 146.00 FEET; THENCE N.89°15'17"W., 300.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF S.W. 27TH AVENUE, AS DESCRIBED IN OFFICIAL RECORDS BOOK 8109, PAGE 943 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE ALONG SAID EAST RIGHT OF WAY, N.00°40'35"E., 146.00 FEET TO NORTHWEST CORNER OF SAID LANDS; THENCE DEPARTING SAID EAST BOUNDARY LINE, ALONG THE AFOREMENTIONED NORTH BOUNDARY OF LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 851, PAGE 668, S.89°15'17"E., 300.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 1.01 ACRES, MORE OR LESS.

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 INST, Institutional and R-2, Two-Family Residential to B-1 Neighborhood Business 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 the later of:

a.                     Approval by the mayor, or upon becoming law without such approval or

b.                     The adoption of Resolution # _______________ related to the associated PD plan and standards book.

 

 

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:                                           2025-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.