Submitted By: Emily W. Johnson, AICP
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Presentation By: Emily Johnson
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2024-60 to rezone approximately 0.36 acres for property located approximately 807 feet northwest of the intersection of SE 36th Avenue and SE Maricamp Road (Parcel 29850-000-20) from B-2, Community Business, to SC, Shopping Center (Case ZON24-45716) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ
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BACKGROUND:
• Petitioner: Walmart Stores East LP
• Property Owner: Trigen Holdings LLC
• Agent: Robert Volpe, Holtzman, Vogel, Baran, Torchinsky, & Josefiak, PLLC
The applicant requests to rezone the subject property from B-2, Community Business to SC, Shopping Center. If approved, the request will incorporate the subject property into the existing Saddleback Square Shopping Center (formerly Cedar Shores Plaza) located to the north and east.
A site plan application is currently under review to redevelop the adjacent existing shopping center with a grocery store, self-service gasoline station, and two additional outparcels. The shopping center site plan included the subject property with a portion of a proposed self-service gasoline station included on it. While it is noted that a self-service gasoline station is a permitted use within both the existing B-2 and requested SC zoning districts, the incorporation of the subject property into the shopping center site requires SC zoning on the entire development pursuant to Subsection 122-904(b) of the Code of Ordinances.
The rezoning to SC requires the subject property to meet the design and improvement standards of the Shopping Center Ordinance (Chapter 122, Division 29 of the Code of Ordinances). Further, this zoning district provides for unified design, signage, and landscaping standards and minimizes impacts on infrastructure, adjacent and nearby properties, and the environment.
The Planning and Zoning Commission recommended approval by a vote of 4-0 on August 12, 2024. During the meeting, the board requested clarification as to the location of access to the property. Staff advised that the existing driveway access locations along SE Maricamp and SE 36th Avenue would not be changed nor relocated. The petitioner affirmed that the subject property would be accessed from an internal roadway network within the Shopping Center.
FINDINGS AND CONCLUSIONS: The requested rezoning to SC, Shopping Center, is consistent with the comprehensive plan and the existing Medium Intensity/Special District future land use. The proposed SC zoning is compatible with the surrounding area. The rezoning will not adversely affect the health, safety, convenience, prosperity, or general welfare of the community.
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 2024-60
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-2, COMMUNITY BUSINESS, TO SC, SHOPPING CENTER, FOR THE PROPERTY LOCATED APPROXIMATELY 807-FEET NORTHWEST OF THE INTERSECTION OF SE 36TH AVENUE AND SE MARICAMP ROAD (PARCEL 29850-000-20), APPROXIMATELY 0.36 ACRES (CASE ZON24-45716); 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 SC, Shopping Center:
A PARCEL OF LAND LYING AND BEING IN THE NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, WITH SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 27, THENCE RUN SOUTH 00°00'20" WEST ALONG THE EAST LINE OF SAID SECTION 27 FOR A DISTANCE OF 1320.63 FEET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE RUN SOUTH 89°50'00" WEST ALONG THE SOUTH LINE OF THE NORTHEAST ¼ OF THE NORTHEAST 1/4 OF SAID SECTION 27 FOR A DISTANCE OF 841.46 FEET; THENCE DEPARTING SAID SOUTH LINE RUN SOUTH 00°32'42" WEST FOR A DISTANCE OF 131.77 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 23°41'11" EAST FOR A DISTANCE OF 348.90 FEET TO A POINT ALONG THE NORTH RIGHT OF WAY LINE OF SOUTHEAST MARICAMP ROAD (STATE ROAD 464); THENCE RUN NORTH 55°26'44" WEST ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 172.75 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN NORTH 0°32'42" EAST FOR A DISTANCE OF 221.54 FEET TO THE AFORESAID 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 B-2, Community Business, to SC, Shopping Center, 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: 2024-60
Introduced: 9/3/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ