Legislation Details

File #: 2024-1522   
Type: Ordinance Status: Passed
File created: 6/6/2024 In control: City Council
On agenda: 6/18/2024 Final action: 6/18/2024
Title: Adopt Ordinance 2024-36 to rezone approximately 7.44 acres for property located in the 6000 block of NW Third Place (Parcel 21630-003-01) from M-1, Light Industrial, (County) to GU, Governmental Use (City) (ZON24-45612) (Quasi-Judicial)
Introduced By: James P. Hilty Sr
Attachments: 1. ZON24-45612 Memo, 2. ZON24-45612 Staff Report, 3. ZON24-45612 Case Map, 4. ZON24-45612 Aerial Map

Submitted By: Endira Madraveren

presenter

Presentation By: Endira Madraveren

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

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Adopt Ordinance 2024-36 to rezone approximately 7.44 acres for property located in the 6000 block of NW Third Place (Parcel 21630-003-01) from M-1, Light Industrial, (County) to GU, Governmental Use (City) (ZON24-45612) (Quasi-Judicial)

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OCALA’S RELEVANT STRATEGIC GOALS:

Quality of Place, Operational Excellence

PROOF OF PUBLICATION:

Ocala Gazette - June 7, 2024 - Notice ID quUf5xdiQQxQllM4ioh6

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BACKGROUND:

•                     Petitioner: Marion County Board of County Commissioners

•                     Property Owner: R.L.R. Investments LLC

•                     The Petitioner has submitted concurrent applications to annex, amend the land use to Public, and change the zoning district to G-U, Governmental Use.

•                     The Petitioner intends to develop the subject property and the property adjacent to the east (parcel number 2130-003-00), as the new Marion County Animal Shelter.

•                     The requested land use and zoning district are consistent under LDR Sec. 122-244. 

•                     Planning & Zoning Commission recommended approval with a six to zero vote at the May 20, 2024, meeting.

 

FINDINGS AND CONCLUSIONS:

The requested GU, Governmental Use, is consistent with the requested Public future land use classification and will not adversely affect the health, safety, convenience, prosperity, or general welfare of the community. 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 2024-36

 

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM M-1, LIGHT INDUSTRIAL (COUNTY), TO GU, GOVERNMENTAL USE (CITY), FOR PROPERTY LOCATED IN THE 6000 BLOCK OF NW 3RD PLACE (PARCEL 21630-003-01), APPROXIMATELY 7.44 ACRES (CASE NO. ZON24-45612); 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 GU, Governmental Use:

 

A PORTION OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;

 

COMMENCE AT THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE S00°01'23"W ALONG THE EAST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 997.99 FEET TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 17, ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST LINE, S00°02'23"W, A DISTANCE OF 896.14 FEET; THENCE DEPARTING SAID EAST LINE, PROCEED N89°55'07"W, A DISTANCE OF 364.11 FEET; THENCE N00°10'23"E, 900.00 FEET; THENCE S89°18'27"E, 362.04 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-1, Light Industrial (County), to GU, Governmental Use (City), 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 effective date of Ordinance No. 2024-______ (Ref: Land Use Case LUC24-45611)

 

 

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:                                           2024-36

Introduced:                                           6/4/2024

Adopted:                                           Click or tap to enter a date.

Legal Ad No:                                           Ocala Gazette - June 7, 2024 - Notice ID quUf5xdiQQxQllM4ioh6