Submitted By: Emily W. Johnson, AICP
presenter
Presentation By: Emily Johnson
end
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Ordinance 2025-10 to rezone approximately 15.00 acres of property generally located in the 2000-3000 block of NW 35th Avenue Road, approximately 660 feet northwest of the intersection of NW 35th Avenue Road and NW 21st Street, (Parcel 21466-000-00) from R-1, Single-Family Residential, to B-2, Community Business (Case ZON24-45826) (Quasi-Judicial)
end
OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
body
BACKGROUND:
• Petitioner/Property Owner: Clausson P. Lexow, Trustee
Key Points:
The petitioner requests to change the zoning from R-1, Single-Family Residential, to B-2, Community Business, to comply with the underlying Employment Center future land use category.
Zoning and Land Use Details:
On November 4, 2008, the City Council adopted Ordinance 5934, which amended the Future Land Use Map (FLUM) from a future land use category of Low-Density Residential to Retail Services. This was followed by the adoption of Ordinance 5935, which included development conditions, such as a cap on development intensity. A Land Use Blending Overlay (LUBO) was also approved, further limiting development intensity and traffic generation.
Following adoption of the 2035 Vision, changes to the Comprehensive Plan eliminated the Retail Services land use classification and in 2013 the subject property was given an Employment Center future land use designation. Subsequently, the LUBO was rescinded. Consequently, the existing R-1 zoning, intended primarily for residential development, is inconsistent with the subject property Employment Center future land use classification. The proposed zoning change to B-2 would allow non-residential uses and provide for a zoning district consistent with the Employment Center classification. It is noted that B-2 zoned properties in the Employment Center future land use category do not permit residential development.
Planning and Zoning Commission:
Staff presented the rezoning request to the Planning and Zoning Commission at the November 13, 2024, meeting. There was no further discussion or questions from the commission.
The Planning and Zoning Commission voted five to zero to recommend approval to City Council.
FINDINGS AND CONCLUSIONS:
• The subject property must be rezoned to provide consistency with the existing Employment Center Future Land Use category, pursuant to Code of Ordinances Section 122-244.
• The rezoning would allow for the development of non-residential uses that are more appropriately aligned with the Employment Center classification and compatible with the surrounding area's existing development.
• The request is consistent with the West Ocala Vision and Community Plan, the Comprehensive Plan, and the City’s Code of Ordinances.
• No Level of Service issues have been identified for public facilities as a result of the zoning amendment.
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
SUPPORT MATERIALS:
• Staff Report
• Ordinance #5935 - Future Land Use Policy
• Adopted LUBO Transmittal Packet
• Case Map
• Aerial Map
ORDINANCE 2025-10
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM R-1, SINGLE-FAMILY RESIDENTIAL, TO B-2, COMMUNITY BUSINESS, FOR CERTAIN PROPERTY LOCATED GENERALLY LOCATED IN THE 2000-3000 BLOCK OF NW 35TH AVENUE ROAD, APPROXIMATELY 660-FEET NORTHWEST OF THE INTERSECTION OF NW 35TH AVENUE ROAD AND NW 21ST STREET (PARCEL NO. 21466-000-00), APPROXIMATELY 15.00 ACRES (CASE NO. ZON24-45826); 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-2, Community Business:
THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, LYING EAST OF INTERSTATE HIGHWAY 75. EXCEPT WEST 60 FEET LYING ADJACENT TO I-75 OF SOUTH 1/3 OF NORTH 1/2 OF SOUTHWEST 1/4 OF SOUTHWEST 1/4.
SUBJECT TO EASEMENT TO CITY OF OCALA AS SHOWN IN OFFICIAL RECORDS BOOK 144, PAGE 299.
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-1, Single-Family Residential, to B-2, Community 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 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: 2025-10
Introduced: 12/3/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - 12/6/2024 - Notice ID RD4mFW8C2j3IPpDoPCpd