Submitted By: Andrew Gray
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Presentation By: Endira Madraveren
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2024-61 to rezone approximately a 2.16-acre portion of the subject property located at 1500 SW 17th Avenue (portion of Parcel 23656-015-02) from M-1, Light Industrial, to B-5, Wholesale Business (Case ZON24-45738) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place.
PROOF OF PUBLICATION:
Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ
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BACKGROUND:
• Petitioner: APMRHK, LLC
• Property Owner: APMRHK, LLC
• Agent: Tillman & Associates Engineering, LLC
The petitioner requests to rezone the northern portion 2.16 acres of a +/-6.29-acre site from M-1, Light Industrial, to B-5, Wholesale Business. The owner has indicated the intent to establish a manufactured home sales facility on the property.
The site is located on the southeastern side of SW Martin Luther King Avenue between State Road 200 (SW 10th St) and SR 464 (SW 17th St) in the Ocala Industrial Park The southern portion of the parcel is not included in this rezoning and is developed with a mixture of office and warehouse buildings occupied by Joe Hudson’s Collision Center and Safeway Water. The industrial park is predominately zoned industrial except for some General Business (B-4) parcels along SW Martin Luther King Avenue. The B-4 parcels include Rasmussen College, a bank, a carwash, and automobile sales. There is no B-5 zoning, nor B-5 uses in the area.
The site is currently used for outdoor vehicle storage, which is not permitted within the M-1 Zoning District. There is an active code enforcement case against the current owner. Previously, there were two other code enforcement cases related to the storage of vehicles.
At the August 12, 2024, Planning and Zoning Commission meeting, the petitioner’s agent briefly explained the proposed use. The Commissioners inquired about the installation and longevity of the mobile homes to be placed on the property. With no further discussion, the Planning & Zoning Commission voted 2-2, resulting in a recommendation of denial. Beyond the brief discussion of the Commissioners regarding the proposed placement of the mobile homes on the site, no further comments were provided to clarify the reasoning behind the two commissioners' votes in opposition to the amendment.
FINDINGS AND CONCLUSIONS: The requested B-5, Wholesale Business, zoning district is consistent with the surrounding area, the comprehensive plan, and the existing Employment Center Future Land Use Classification pursuant to Section 122-244 of the Code of Ordinances. The applicant's proposed manufactured/mobile home sales use is a permitted use within the requested B-5, Wholesale Business, zoning district. This use will be subject to applicable supplementary district regulations for outdoor sales pursuant to Section 122-1205 of the Code of Ordinances. The amendment will not adversely affect the community’s health, safety, convenience, prosperity, or general welfare.
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 2024-61
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM M-1, LIGHT INDUSTRIAL, TO B-5, WHOLESALE BUSINESS, FOR PROPERTY LOCATED ALONG THE SOUTHWEST RIGHT OF WAY OF SW MARTIN L KING AVE BETWEEN SR 200 AND SR 464 (A PORTION OF PARCEL 23656-015-02), APPROXIMATELY 2.16 ACRES (CASE NO. ZON24-45738); 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 B-5, Wholesale Business:
A PORTION OF LOTS 1, 9, AND 10, BLOCK G, OCALA INDUSTRIAL PARK, ACCORDING TO PLAT THEREOF, AS RECORDED IN PLAT BOOK H, PAGE 46, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, LYING IN SECTION 24, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SAID SOUTHEAST CORNER OF LOT 9 OF SAID PLAT; THENCE ALONG THE WESTERLY RIGHT OF WAY OF S.W. 17TH AVENUE (60' RIGHT OF WAY), N.00°11'00"E., 63.38 FEET TO THE POINT OF BEGINNING. THENCE DEPARTING SAID WESTERLY RIGHT OF WAY, S.89°09'12"W., 464.80 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 33°23'06", AND A CHORD BEARING AND DISTANCE OF N.31°47'36"E., 17.23 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, AND ALONG THE SOUTHERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1508, PAGE 93, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, A DISTANCE OF 17.48 FEET TO THE END OF SAID CURVE; THENCE CONTINUE ALONG SAID SOUTHERLY BOUNDARY, N.48°30'00"E., 514.37 FEET TO THE SOUTHERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1700, PAGE 327 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID SOUTHERLY BOUNDARY, ALONG SAID SOUTHERLY BOUNDARY, S.67°49'39"E., 77.15 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY OF S.W. 17TH AVENUE; THENCE DEPARTING SAID SOUTHERLY BOUNDARY, ALONG SAID WESTERLY RIGHT OF WAY, S.00°11'00"W., 319.49 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 2.16 ACRES, MORE OR LESS.
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, to B-5, Wholesale Business, 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: 2024-61
Introduced: 9/3/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - September 6, 2024 - Notice ID D0SQNz8A8haGCs9Z4UKZ