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File #: ORD-2023-27   
Type: Ordinance Status: Second Reading
File created: 12/6/2022 In control: City Council
On agenda: 1/3/2023 Final action: 1/3/2023
Title: Introduce Ordinance 2023-27 to rezone from M-1, Light Industrial, to M-2, Medium Industrial, for certain property located at 2340 NW 27th Avenue, approximately 10.89 acres (Case ZON22-44908) (Quasi-Judicial)
Introduced By: Jay A. Musleh
Attachments: 1. Rezoning staff report, 2. ZON22-44908 Case Map, 3. ZON22-44908 Aerial Map

Submitted By: Patricia Z. Hitchcock

Presentation By: Tye Chighizola

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

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Introduce Ordinance 2023-27 to rezone from M-1, Light Industrial, to M-2, Medium Industrial, for certain property located at 2340 NW 27th Avenue, approximately 10.89 acres (Case ZON22-44908) (Quasi-Judicial)

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OCALA’S RELEVANT STRATEGIC GOALS:

Economic Hub.

PROOF OF PUBLICATION:

NA

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BACKGROUND:

                     Applicant:                                                                Friends Recycling, LLC

                     Property Owner:                                          Friends Recycling, LLC

                     Manager:                                                               Gerald Lourenco

                     The request is for a rezoning from M-1, Light Industrial, to M-2, Medium Industrial, for approximately 10.89 acres located on the west side of NW 27th Avenue in the 2300 block. 

                     The land use designation is Medium Intensity/Special District.  M-2, Medium Industrial, zoning is permissible in that land use pursuant to Section 122-244. - District criteria., Ocala Code of Ordinances.

                     There are only a few differences between the two districts. A matrix comparing them is attached. 

                     High-impact industrial uses are not allowed within the Medium Intensity/Special District land use designation.  This leaves outdoor storage as the main difference between the two districts.  M-1 limits accessory outdoor storage size, location, and requires screening from view.  M-2 only requires that the outdoor storage is accessory to a principal use.

                     The Planning & Zoning Commission was to hear the petition at its meeting on December 12, 2022. However, the meeting did not have a quorum and therefore had to be rescheduled to the
January 9, 2023 Planning & Zoning Commission meeting.

 

FINDINGS AND CONCLUSIONS:

The M-2 zoning district is permissible within the Medium Intensity/Special District future land use classification.   The predominant zoning in the surrounding area is M-2.  Rezoning of the property does not change the uses that could be permitted. Staff recommends approval of the requested zoning designation.

 

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 2023-27

 

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM M-1, LIGHT INDUSTRIAL, TO M-2, MEDIUM INDUSTRIAL, FOR CERTAIN PROPERTY LOCATED AT 2340 NW 27TH AVENUE, OCALA, FLORIDA (CASE NO. ZON22-44908); 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:

 

THE EAST 1/2 OF THE S.E. 1/4 OF THE S.E. 1/4 IN SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; EXCEPT THE SOUTH 525 FEET, THE EAST 30 FEET AND THE NORTH 50 FEET THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

COMMENCE AT THE NORTHEAST CORNER OF SAID S.E. 1/4 OF THE S.E. 1/4; THENCE N89°58'12"W ALONG THE NORTH LINE OF SAID S.E. 1/4 OF THE S.E. 1/4, A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF N.W. 27th AVENUE (60 FEET WIDE); THENCE DEPARTING SAID NORTH LINE, PROCEED S00°06'44"W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S00°06'44"W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 750.14 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, PROCEED N89°58'25"W, 631.85 FEET TO A POINT ON THE WEST LINE OF THE EAST 1/2 OF SAID S.E. 1/4 OF THE S.E. 1/4; THENCE N00°04'28"E ALONG SAID WEST LINE, A DISTANCE OF 750.18 FEET; THENCE DEPARTING SAID WEST LINE, PROCEED S89°58'12"E, 632.34 FEET TO THE POINT OF BEGINNING.  (aka: Portion of Parcel #21492-000-00)

 

                     Section 2.  The zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from M-1, Light 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                      James E. Hilty, Sr.

City Clerk                     President, Ocala City Council

 

Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2023.

 

                     By: __________________________________

                     Reuben Kent Guinn

                     Mayor

 

Approved as to form and legality:

 

By: _________________________________

William E. Sexton

City Attorney

 

Ordinance No:                                           2023-27

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.