Submitted By: Divya Govindaraju
Presentation By: Endira Madraveren
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2024-22 to rezone from B-5, Heavy Business (County), to M-2, Medium Industrial (City), for property located in the 6000 block of SW 38th Street (Parcel 23820-011-00, 23820-012-00, 23820-012-01, 23820-012-02, 23820-012-03); approximately 19.4 acres. (Case ZON23-45498) (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: M A F Ocala, Inc
• Agent: N/A
• Property Owner: M A F Ocala, Inc
• The petitioner is requesting to rezone the subject properties to the M-2, Medium Industrial, zoning district for the proposed recreation vehicle and boat storage facility. A site plan has not been submitted at this time.
• The subject properties are in unincorporated Marion County and the petitioner has submitted concurrent applications for annexation (ANX23-45495) and a land use change to Low Intensity (Case: LUC23-5497).
• The subject properties are surrounded by industrial uses and are in an area characterized by business and industrial uses. The subject property meets minimum frontage (100-feet) and minimum area (20,000 square feet) requirements for the requested M-2, Medium Industrial, zoning district.
• Located to the south of the Ocala International Airport, the property requires an avigation easement.
• The Planning & Zoning Commission recommended approval with a 4-0 vote at their February 12, 2024, meeting.
FINDINGS AND CONCLUSIONS: The M-2, Medium Industrial, zoning district is consistent with the Low-Intensity future land use classification. 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 is pending review by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2024-22
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-5, HEAVY BUSINESS (COUNTY), TO M-2, MEDIUM INDUSTRIAL (CITY), FOR PROPERTY LOCATED IN THE 6000 BLOCK OF SW 38TH STREET (PARCEL 23820-011-00, 23820-012-00, 23820-012-01, 23820-012-02, 23820-012-03), APPROXIMATELY 19.4 ACRES (CASE NO. ZON23-45498); 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-2, Medium Industrial:
A TRACT OF LAND GENERALLY COMPRISED OF THE FOLLOWING PARCELS OF RECORD:
PARCEL 23820-011-00: DESCRIBED IN OFFICIAL RECORDS BOOK 2793, PAGES 424 AND 425, PUBLIC RECORDS OF MARION COUNTY, FLORIDA;
PARCEL 23820-012-00: DESCRIBED IN OFFICIAL RECORDS BOOK 2574, PAGES 1806 AND 1807, LESS AND EXCEPT THE LANDS IDENTIFIED AS PARCEL 23820-012-04 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4101, PAGES 963 AND 964, PUBLIC RECORDS OF MARION COUNTY, FLORIDA;
PARCEL 23820-012-01: DESCRIBED IN OFFICIAL RECORDS BOOK 2574, PAGES 1801 AND 1802, PUBLIC RECORDS OF MARION COUNTY, FLORIDA;
PARCEL 23820-012-02: DESCRIBED IN OFFICIAL RECORDS BOOK 2574, PAGES 1808 AND 1809, PUBLIC RECORDS OF MARION COUNTY, FLORIDA;
PARCEL 23820-012-03: DESCRIBED IN OFFICIAL RECORDS BOOK 2784, PAGES 573 AND 574, PUBLIC RECORDS OF MARION COUNTY, FLORIDA;
SAID TRACT LYING IN THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF SW 60TH AVENUE WITH THE NORTH RIGHT-OF-WAY LINE OF SW 38TH STREET (SAID INTERSECTION BEING 30 FEET WEST OF AND 25 FEET NORTH OF THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 15 SOUTH, RANGE 21 EAST); THENCE WESTERLY, ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 38TH STREET, 217.80 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF PARCEL 23820-012-04 (AS DESCRIBED IN OFFICIAL RECORDS BOOK 4101, PAGES 963 AND 964 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA) AND TO THE POINT OF BEGINNING; THENCE CONTINUE WESTERLY, ALONG SAID NORTH RIGHT-OF-WAY LINE, 1148.43 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF PARCEL 23820-011-06 (AS DESCRIBED IN OFFICIAL RECORDS BOOK 3077, PAGES 1539 THROUGH 1541, INCLUSIVE, OF SAID PUBLIC RECORDS); THENCE NORTHERLY, ALONG THE EAST LINE OF SAID PARCEL, 637.54 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE EASTERLY, ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 AND ALONG A SOUTH LINE OF THE CORPORATE LIMITS OF THE CITY OF OCALA (ANNEXED PURSUANT TO APPLICATION NO. 91-6 BY VIRTUE OF ORDINANCE NO. 2219, A COPY OF WHICH IS RECORDED IN OFFICIAL RECORDS BOOK 1753, PAGES 730 THROUGH 734, INCLUSIVE, OF SAID PUBLIC RECORDS), 1364.18 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF PARCEL 23820-012-00 (AS DESCRIBED IN OFFICIAL RECORDS BOOK 2574, PAGES 1806 AND 1807, LESS AND EXCEPT THE LANDS IDENTIFIED AS PARCEL 23820-012-04 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4101, PAGES 963 AND 964, OF SAID PUBLIC RECORDS) AND TO THE WEST RIGHT-OF-WAY LINE OF SW 60TH AVENUE; THENCE SOUTHERLY, ALONG SAID WEST RIGHT-OF-WAY LINE, 436.58 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF AFOREMENTIONED PARCEL 23820-012-04; THENCE WESTERLY, ALONG THE NORTH LINE OF SAID PARCEL AND ALONG A NORTH LINE OF THE CORPORATE LIMITS OF THE CITY OF OCALA (ANNEXED PURSUANT TO APPLICATION ANX05-0024 BY VIRTUE OF ORDINANCE NO. 5473, A COPY OF WHICH IS RECORDED IN OFFICIAL RECORDS BOOK 4317, PAGES 566 THROUGH 568, INCLUSIVE, OF SAID PUBLIC RECORDS), 217.80 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF AFOREMENTIONED PARCEL 23820-012-04; THENCE SOUTHERLY, ALONG THE WEST LINE OF SAID PARCEL AND ALONG A WEST LINE OF THE AFOREMENTIONED CORPORATE LIMITS OF THE CITY OF OCALA ANNEXED BY VIRTUE OF ORDINANCE NO. 5473, 200.66 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
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-5, Heavy Business (County), to M-2, Medium Industrial (City), 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: 2024-22
Introduced: 3/5/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.