Submitted By: Tye Chighizola
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-39 concerning a zoning change from M-3, Heavy Industrial, to M-2, Medium Industrial, for approximately 3.2 acres of property located approximately 450 feet east of NW Martin Luther King Jr. Avenue in the 1700 block (Case ZON22-44673) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
April 22 in the Ocala Star Banner Legal Section
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BACKGROUND:
• Applicant: Midstate Roof Truss & Timber, Inc.
• Property Owner: Midstate Roof Truss & Timber, Inc.
• The subject property is undeveloped and is non-conforming as it does not have frontage on a right-of-way that meets City standards.
• The properties in this area have been accessed via NW 18th Street. The intersection of NW 18th Street and Martin Luther King Jr. (MLK) Avenue was relocated southerly to align with the NW 18th Street on the west side of MLK Avenue when MLK Avenue was widened to four lanes. NW 18th Street was partially improved on a parcel of land owned by the City and connected to the existing road ROW. However, the improvements dead-end onto a dirt path which has crossed private property for many years. The City acquired in 2018 a 60’x399’ strip of land adjacent north of the subject property on which the dirt path exists. It was part of the Royal Oak Charcoal acquisition. The City Engineer has confirmed that the City strip may be used as right-of-way for access to the subject property. Any development on the subject property will be required to construct access in accordance with City standards.
• The zoning designation of M-3, Heavy Industrial, became nonconforming when the Comprehensive Plan was adopted in 2013 and the land use was changed to Medium Intensity/Special District. A rezoning to M-2, Medium Industrial, will comply with the underlying land use.
• The surrounding area is relatively undeveloped but has several medium industrial uses.
• The above-stated factors make the site a viable location for medium industrial development allowable in the M-2 zoning district.
FINDINGS AND CONCLUSIONS: The M-2 zoning district is consistent with the Medium Intensity/Special District future land use classification and with the surrounding area. Staff recommends approval of the requested zoning change.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: This ordinance is pending final review by the City Attorney, Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve
• Approve with changes
• Deny
• Table
ORDINANCE 2022-39
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM M-3, HEAVY INDUSTRIAL TO M-2, MEDUIM INDUSTRIAL, FOR CERTAIN PROPERTY LOCATED APPROXIMATELY 450 FEET EAST OF NW MARTIN LUTHER KING, JR. IN THE 1700 BLOCK (CASE NO. ZON22-44673); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; 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 at the Northwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 7, Township 15 South, Range 22 East, thence S.0°19'55"W., along the West boundary line of said Northwest 1/4 of the Northwest 1/4 of Section 7 a distance of 1325.12 feet to the Southwest corner of said Northwest 1/4 of the Northwest 1/4 of Section 7, thence N.89°41'52"E., along the South boundary line of said Northwest 1/4 of the Northwest 1/4 of Section 7 a distance of 506.22 feet to the Point of Beginning, thence continue N.89°41'52"E., along said South boundary line a distance of 397.98 feet, thence North O017'36"E., departing said South boundary 1ine a distance of 350.00 feet, thence S.89°41'52"W., 397.98 feet, thence S.0°17'36"W., 350.00 feet to the Point of Beginning, said tract of land containing 3.20 acres, more or less.
PARCEL NUMBER: 25491-000-00
Section 2. 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.
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: 2022-39
Introduced: 4/19/2022
Adopted: 5/3/2022
Legal Ad No: 7186143 - 4/22/22