Submitted By: Emily W. Johnson, AICP
Presentation By: Emily W. Johnson
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2024-26 rezoning from PUD-09, Planned Unit Development, to M-1, Light Industrial, for property located in the 3400 block of NE 36th Avenue, in proximity to the southwest corner of NE 36th Avenue and NE 24th Street, north of the CSX Railroad (Parcel 24272-001-00); approximately 11.61 acres (ZON23-45443) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: A P LLC
• Property Owner: A P LLC
• Agent: David Tillman, Tillman & Associates Engineering, LLC
• On June 19, 2007, the City Council adopted rezoning PUD07-0002 through Ordinance 5678, which changed the zoning district from M-1, Light Industrial, to PUD-09, Planned Unit Development and approved the associated conceptual plan for Oakview Park, a residential PUD containing a maximum of 100 dwelling units (8.4 dwelling units per acre).
• The current request is to rezone the subject property from Planned Unit Development (PUD) zoning district to Light Industrial (M-1), citing market and demand changes. The Petitioner’s narrative statement identifies an intention to develop the site with a low-impact industrial warehouse use.
• The Petitioner has submitted a concurrent application to delete Future Land Use Policy 18.7 and associated development conditions adopted through Ordinance 5610 (FLUP23-45444), to allow the subject property to be developed in a manner consistent with the present Employment Center future land use designation. The proposed text amendment was transmitted to the Florida Department of Commerce (FL-Commerce) on February 19, 2024. The rezoning of the subject property, from PUD-09 to M-1, will be presented to City Council for approval at the same time as the policy amendment is presented for adoption.
• The underlying Employment Center Future Land Use classification is generally intended for industrial, office and commercial uses, but does allow for residential uses as part of a mixed-use Planned Development (PD). The Petitioner’s request and intention to develop the subject property as Light Industrial (M-1) is consistent and compatible with the Employment Center Future Land Use.
• The proposed M-1 zoning district is intended primarily for wholesale distribution, warehouse storage, research and development, showroom sales, and light manufacturing of finished or semi-finished products. Outdoor manufacturing is not allowed in the M-1 district. Outdoor storage is allowed as a permitted accessory use if it complies with design criteria. Service establishments serving the industrial uses, or the district, are also permitted.
• The Planning and Zoning Commission voted unanimously to recommend approval at the meeting on March 11, 2024.
FINDINGS AND CONCLUSIONS:
The proposed rezoning would allow for future development consistent with the Employment Center future land use designation and is compatible with the surrounding area. Adequate public facilities exist to service the proposed use.
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 2024-26
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM PUD-09, PLANNED UNIT DEVELOPMENT, TO M-1, LIGHT INDUSTRIAL, FOR PROPERTY LOCATED IN THE 3400 BLOCK OF NE 36TH AVENUE, IN PROXIMITY TO THE SOUTHWEST CORNER OF NE 36TH AVENUE AND NE 24TH STREET, NORTH OF THE CSX RAILROAD (PARCEL 24272-001-00), APPROXIMATELY 11.61 ACRES (ZON23-45443); 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-1, Light Industrial:
THAT PART OF THE SE ¼ OF THE SE ¼ OF SECTION 3, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, LYING NORTH OF THE CSX RAILROAD (FORMERLY THE SAL RAILROAD). LESS AND EXCEPT THE WEST 130 FEET THEREOF, AS PER OFFICIAL RECORDS BOOK 948, PAGE 686. EXCEPT THE NORTH 25 FEET FOR ROAD RIGHT-OF-WAY OF N.E. 24TH STREET AND EXCEPT THE EAST 25 FEET FOR ROAD RIGHT-OF-WAY OF N.E. 36TH AVENUE.
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 PUD-09, Planned Unit Development, to M-1, Light 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: 2024-26
Introduced: Click or tap to enter a date.
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.