Submitted By: Endira Madraveren
Presentation By: Endira Madraveren
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2024-41 to rezone a 7.0-acre portion of the property located at 1700 NW Eighth Avenue (Parcel 25448-000-00) from M-3, Heavy Industrial, to M-2, Medium Industrial (ZON24-45606) (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: Railyard One, LLC.
• Property Owner: Railyard One, LLC.
• Agent: Jean Abi-Aoun, P.E., Florida Engineering Group, Inc.
• The portion of the property the applicant is requesting to rezoning is undeveloped. The applicant has indicated an intention to develop an equipment rental and leasing business. Neither a conceptual plan nor site plan depicting future development have been submitted.
• The subject property is currently zoned M-3, Heavy Industrial, which does not permit uses such as equipment rental and leasing.
The subject property is adjacent to similar heavy industrial uses to the north and the west.
• The Zoning Board of Adjustment approved a Special Exception on this property for outdoor manufacturing, to allow a concrete batching plant, in 2023. Subsequently, a site plan was approved for the concrete batching plant.
• Future development will be subject to site plan review in accordance with Article IV of Chapter 122 of the Code of Ordinances.
• The Planning & Zoning Commission recommended approval vote of 6-0 at the May 20, 2024, meeting.
FINDINGS AND CONCLUSIONS:
The proposed rezoning is consistent with the Employment Center Future Land Use classification, pursuant to Section 122-244 of the Code of Ordinances. Adequate public facilities exist to service the proposed development. The proposed zoning is consistent and 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 2024-41
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM M-3, HEAVY INDUSTRIAL, TO M-2, MEDIUM INDUSTRIAL, FOR A PORTION OF THE PROPERTY LOCATED AT 1700 NW 8TH AVENUE (PARCEL 25448-000-00), APPROXIMATELY 7.00 ACRES (CASE NO. ZON24-45606); 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:
COMMENCE A THE SOUTHWEST CORNER OF SECTION 6, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA; THENCE N00°10'04"E, ALONG THE WEST BOUNDARY OF SAID SECTION 6 A DISTANCE OF 452.62 FEET; THENCE DEPARTING SAID WEST BOUNDARY, PROCEED S89°49'56"E, A DISTANCE OF 25.00 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF N.W. 16th AVENUE (50 FEET WIDE) WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE CSX RAILROAD RIGHT-OF-WAY (120 FEET WIDE); THENCE S52°53'25"E ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF THE CSX RAILROAD, A DISTANCE OF 2499.74 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S52°53'25"E ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 989.24 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF N.W. 8th AVENUE (50 FEET WIDE), SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 626.43 FEET AND A CENTRAL ANGLE OF 31°34'21"; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE OF THE CSX RAILROAD, PROCEED NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE OF N.W. 8th AVENUE, A DISTANCE OF 345.19 FEET (CHORD BEARING AND DISTANCE OF N15°24'10"W, 340.84 FEET); THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY LINE N00°23'01"E, 425.43 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, PROCEED N89°58'29"W, 337.45 FEET; THENCE N57°41'20"W, 195.87 FEET; THENCE S37°06'35"W, 328.55 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-3, Heavy 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: 2024-41
Introduced: 6/4/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.