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File #: ORD-2022-26   
Type: Ordinance Status: Passed
File created: 2/17/2022 In control: City Council
On agenda: 3/15/2022 Final action: 3/15/2022
Title: Adopt Ordinance 2022-26 for a zoning change from INST, Institutional, to RO, Residential Office, for approximately 0.34 acres of property located at 819 NE 10th Street (Case ZON22-44635) (Quasi-Judicial).
Introduced By: Jay A. Musleh
Attachments: 1. ZON22-44635 Staff Report - db, 2. Case Map, 3. Aerial Map, 4. ZON22-44635 Ferrer ReZoning

Submitted By: Divya Govindaraju

presenter

Presentation By: Tye Chighizola

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

title

Adopt Ordinance 2022-26 for a zoning change from INST, Institutional, to RO, Residential Office, for approximately 0.34 acres of property located at 819 NE 10th Street (Case ZON22-44635) (Quasi-Judicial).

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OCALA’S RELEVANT STRATEGIC GOALS:

Economic Hub

PROOF OF PUBLICATION:

3/4/22 - 6972371

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BACKGROUND:

 

                     Applicant:                                                                MBDT Holdings, LLC

                     Property Owner:                                          MBDT Holdings, LLC

                     This property is located at the northwestern corner of the intersection of NE 10th Street and NE Ninth Avenue, with adjacent parcels zoned RO, Residential Office and INST, Institutional.

                     The parcel was sold as surplus property by Temple Beth Shalom of Ocala, Inc., to the current owner in September 2021.

                     The current owner wishes to construct a single family or duplex residence on the property, but those uses are not allowed in the INST zone.  As the property is less than 30,000 square feet in area, it may only be zoned to the adjacent RO zoning district which will allow a single family or duplex residence.

                     Once rezoned to RO, any permissible use could be proposed for development. Uses allowed in the RO zoning district generally generate a comparable number of trips when compared to the uses allowed in the INST zone.

                     All development in the RO district is subject to an architectural review that ensures the structure matches the character of the surrounding residential districts.

                     The above-stated factors make the site a viable location for residential office, single family, or duplex development allowable in the RO zoning district.

                     The future land use classification on this property is Neighborhood, which allows up to 5 units per acre for single family residences, up to 12 units per acre for multifamily development, or up to 0.25 floor area ratio (FAR) for commercial development.

                     The Ocala Planning & Zoning Commission recommended approval by a 7 to 0 vote during their February 14, 2022 meeting.

 

FINDINGS AND CONCLUSIONS:

The RO zoning district is consistent with the Neighborhood future land use classification and with the surrounding area. Staff recommend approval of the requested zoning designation.

 

FISCAL IMPACT: N/A

 

PROCUREMENT REVIEW: N/A

 

LEGAL REVIEW: This Ordinance is pending review by the City Attorney, Robert W Batsel Jr.

 

ALTERNATIVE:

                     Approve with changes

                     Deny

                     Table

 

SUPPORT MATERIALS: 

                     Case Map

                     Case Aerial

 

 

 

ORDINANCE 2022-26

 

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM INST, INSTITUTIONAL, TO RO, RESIDENTIAL OFFICE, FOR CERTAIN PROPERTY LOCATED AT 819 NE 10TH STREET, OCALA, FLORIDA (CASE NO. ZON22-44635); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

NOW, THEREFORE, 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:

 

LOTS 7, 8, 9 AND 10, BLOCK B, POINSETTA HEIGHTS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK B, PAGE(S) 225, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.

(aka: Parcel 2617-002-007)

                     Section 2.  The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from INST, Institutional, to RO, Residential Office, as to lands described in Section 1 of this ordinance.

 

Section 3.  Severability Clause.  Should any provision or section of this ordinance be held by a Court of Competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.

 

                     Section 4.  All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

                     Section 5.  This ordinance shall take effect upon approval by the Mayor, or upon being law without such approval.

 

ATTEST:                      CITY OF OCALA

 

By:                                           By:                      

Angel B. Jacobs                      Ire Bethea Sr.

City Clerk                     President, Ocala City Council

 

Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2022.

 

                     By: __________________________________

                     Reuben Kent Guinn

                     Mayor

 

Approved as to form and legality:

 

By: _________________________________

Robert W. Batsel, Jr.

City Attorney

 

Ordinance No:                                           2022-26

Introduced:                                           3/1/2022

Adopted:                                           3/15/2022

Legal Ad No:                                           3/4/22 - 6972371