Submitted By: Emily W. Johnson, AICP
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Presentation By: Emily W. Johnson
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2024-39 to rezone approximately 1.20 acres for property located at the southeast corner of the intersection of U.S. Highway 27 and NW Old Blitchton Road (Parcel 22276-000-00) from B-4, General Business, to R-3, Multi-Family Residential (Case ZON24-45603) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
Ocala Gazette - June 7, 2024 - Notice ID quUf5xdiQQxQllM4ioh6
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BACKGROUND:
• Petitioner: A-Deniv Corp
• Property Owner: A-Deniv Corp
• Agent: William Menadier, P.E., Menadier Engineering, LLC
• The subject property is currently undeveloped. The applicant has indicated an intention to develop multi-family residences. Neither a conceptual plan nor a site plan depicting future development have been submitted.
• The subject property is currently zoned B-4, General Business, which allows multi-family residential development with a Special Exception approved by the Board of Adjustment. The requested R-3, Multi-Family Residential, significantly reduces the allowable uses on the property; however, the R-3 zoning district allows development of fee-simple townhomes (single-family attached dwelling units) and has a lesser building setback along the streets.
• The subject property is located within a transitional area, surrounded by commercial uses lining U.S. Highway 27 and across NW Old Blitchton Road from an existing single-family residential subdivision.
• Pursuant to Section 122-260 of the Code of Ordinances, a 10-foot-wide landscaped buffer may be required along the southern boundary line to buffer the subject property from the nearby single-family residential subdivision.
• Future development will be subject to site plan review in accordance with Article IV of Chapter 122 of the Code of Ordinances, including the submission of elevations for architectural review to ensure consistency and compatibility with the surrounding area.
• During the Planning & Zoning Commission meeting May 20, 2024, there was some opposition to the request. A discussion was held concerning the neighboring commercial uses and the compatibility between multi-family and commercial uses along the U.S. Highway 27 corridor.
• Additionally, the Planning & Zoning Commission discussed site constraints and the impacts on the allowable density. Staff reiterated to the Commission that all applicable code requirements must be met and any impacts from these requirements may reduce the number of units built on the property.
• The subject property was rezoned from R-3, Multiple Family Residential, to B-4, General Business, on June 9, 2008 (ZON08-0014) upon the basis that the site was located in the Urban Infill/Redevelopment Area (UIRA); the previous R-3 zoning designation dated back to the 1991 Comprehensive Plan update. Prior to 1991, the site was zoned B-4, General Business.
• Aerial imagery dating back to 2004 shows that US Highway 27 was a 4-lane road at the time of the prior rezoning.
• Aerial imagery dating back to 1964 shows four structures on the subject parcel, with individual access driveways to NW Old Blitchton Road. The Marion County Property Appraiser’s Property Record Card reflects a demolition permit issued on June 1, 1986.
• The Planning & Zoning Commission recommended approval by a vote of 5-1 at the May 20, 2024 meeting.
FINDINGS AND CONCLUSIONS:
The proposed rezoning is consistent with the Low Intensity 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 will be reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2024-39
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-4, GENERAL BUSINESS, TO R-3, MULTI-FAMILY RESIDENTIAL, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF US HIGHWAY 27 AND NW OLD BLITCHTON ROAD (PARCEL 22276-000-00), APPROXIMATELY 1.20 ACRES (ZON24-45603); 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 R-3, Multi-Family Residential:
THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 LYING NORTH OF OLD DIXIE HIGHWAY AND SOUTH OF THE RIGHT OF WAY EXTENSION OF LINCOLN STREET TO HIGHWAY NO. 500, LYING IN SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, LESS AND EXCEPT PORTION CONVEYED IN OR BOOK 200, PAGE 319, PUBLIC RECORDS OF MARION COUNTY, FLORIDA AND ANY PORTION THAT MAY LIE WITHIN ROAD RIGHTS OF WAY.
AND
COMMENCE 154.8 FEET EAST FROM THE NORTHWEST CORNER OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE WEST 154.8 FEET; THENCE SOUTH TO RIGHT OF WAY OF OLD BLICHTON ROAD; THENCE S.63°45'E. ALONG ROAD RIGHT OF WAY TO A POINT S.18°30'W. FROM THE POINT OF BEGINNING; THENCE N.18°30'E. 331.2 FEET TO THE POINT OF BEGINNING, LYING IN SECTION 12, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, LESS AND EXCEPT PORTION CONVEYED IN DEED BOOK 303, PAGE 50, PUBLIC RECORDS OF MARION COUNTY, FLORIDA, AND ANY PORTION THAT MAY LIE WITHIN ROAD RIGHTS OF WAY.
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-4, General Business, to R-3, Multi-Family Residential, 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: 2024-39
Introduced: 6/4/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - June 7, 2024 - Notice ID quUf5xdiQQxQllM4ioh6