Marion County Planning & Zoning Grants Continuance for Rezoning Request to Heavy Business

OCALA, FL (352today.com) – An applicant was granted a continuance by the Marion County Planning and Zoning Commission, regarding a rezoning request, at their public hearing on Monday, March 30, 2026.

The owner and applicant Gironj, L.L.C., made a rezoning request from R-1 single-family dwelling to B-5 heavy business that came as a response to a major site plan that the applicant had submitted for two properties that were directly to the northeast, for the expansion of a metal shop. The major site plan was to expand to the north, although the applicant indicated plans to potentially expand to the south including portions of the single-family dwelling zoned property, and that’s the reason the applicant was coming before the planning and zoning commission to request the heavy business zoning change, said Jared Rivera-Cayetano.

Cause for concern

In 2000, the property got its land use change from medium residential to commercial but never obtained the corresponding rezoning. Currently, the subject property serves as a secondary driveway, with a primary driveway to the north, next to the buildings that currently exist.

The site property is on approximately 0.48 acres located at 9645 NE 21st Ave., Anthony. Staff sent out 12 notifications to the surrounding neighbors and received zero responses in favor or opposition to the applicant’s request.

The site property is currently vacant, and there is a metal shop to the north. There is a home directly to the south of the property.

Staff did have a couple of concerns about the applicant’s request. It’s located within the primary springs protection zone. It was established to represent between zero and 10 years of water recharge. The county has a section of the redevelopment code that currently prohibits all heavy business and M-1 and M-2 exclusive uses in the primary springs’ protection zone, unless the owner is able to demonstrate the use won’t pose a potential threat to groundwater quality, and because this is a rezoning, there’s no guarantee that the existing use will remain there. The use may be too intensive, said Rivera-Cayetano.

The site property has a land use designation as commercial, which is typically intended for less intense commercial uses. A heavy business zoning is intended to be used for more intensive commercial uses, outdoor storage, frequent access of heavy commercial vehicles and there’s always a concern of noise. Staff found that the zoning change to heavy business specifically isn’t compatible with the surrounding use, will adversely affect the public interest, isn’t consistent with the Marion County comprehensive plan. Staff recommended denial. The parcel to the north was a fertilizer-agricultural supplier, said Rivera-Cayetano.

Commercial uses can create point-of-source pollutants and have negative impacts on groundwater. Staff’s concern was since it was a rezoning, there’s no guarantee on what the use would be in the future. The land development code specifically calls out heavy business and other industrial uses that are exclusive into zoning classifications as potential threats to groundwater. The zoning of the existing metal shop is heavy business.

Reasons for request 

Ricardo Zelaya representing Gironj, LLC and Alien Engineered Products, explained to the commission that the primary reason for specifically rezoning the 0.48-acre parcel, is that they already have a phase one of a major site plan approved, with this parcel increasing its consistency, with the other parcel in question, that’s approximately 3.2-acres. which is the site of the existing metal fabrication shop.

The applicant’s objective, with the 0.48-acre parcel, as they approach phase two, their objective, as they’re in conceptual design at the present time is to increase their capacity for manufacturing, but that area currently is specifically designated in concept for increased parking, landscaping, drive aisle and some sidewalk. There would be no manufacturing use on the subject property, the zoning change would primarily be to increase parking. Alien Engineering Products manufactures several things but primarily pressure vessels, said Zelaya.

Juan Giron, the owner of Alien Engineering Products, who drew the analogy if one were to think of their gas and grill tank at home. they’re doing that for food and beverage, petro chemical dehydration. Any manufacturing facility that has compressed air created through either a piston reciprocated type application or rotary type application, that creates heat, heat creates condensation contaminants, Alien Engineering Products creates the housing that removes those contaminants from any manufacturing facility.

Alien Engineering Products moved to Anthony with four employees and currently has 17 at the location. If the rezoning change is approved allowing the business to proceed to phase two, the owner/applicant said the number would increase to 27 or more employees, said Giron. The land sat vacant for two years before the owner acquired it. He said, he knows his neighbors, and they approve what they’re trying to do, and didn’t see a reason why the zoning request should be denied.

The applicant’s latest conversation with their civil engineer regarding the phase two building has it occupying all of the property zoned heavy business and there may not be any crossover of the building, should it expand, onto the subject property.

The topology throughout much of the county is sensitive, and the county does recognize that there are certain types of manufacturing uses that have easier transmissivity to the aquifer, said Tracy Straub, Marion County assistant county administrator. When a company is involved in heavy manufacturing, they’re going to be using certain types of products that are more hazardous to the environment. What the board of county commissioners looks at, once approval for that type of land use and zoning is given, then anyone can move in, including someone with the heaviest of manufacturing products.

Reasons to reconsider the type of zoning 

Marion County Planning and Zoning Commissioner Danny Gaekwad asked the applicant if they could live with B-2 zoning or if they had to have B-5 zoning, because staff was recommending denial because of the sensitive area, reminding the applicant that they’re taking a gamble and chance, having to not only go before planning and zoning but before the county commission. The applicant would prefer to have B-5, but could live with the B-2 zoning.

The concern is what could be done later on, on the property if the B-5 zoning was approved, said Greg Lord, Marion County planning and zoning Commissioner.

The request was for B-5 heavy business zoning; however, the county commission can approve anything that’s less than what’s advertised, B-1, B-2 or B-4 would be considered less intense, said Kenneth Weyrauch, Marion County growth services deputy director. Everything that had been mentioned that the applicant had considered doing on the parcel can be done on the site if it’s zoned B-2. Previously there had been discussion regarding outside storage, B-2 with a special use permit, but that wasn’t mentioned in the March 30, meeting. Staff would support a B-2 zoning.

The planning and zoning board could make a recommendation to deny the application of B-5, but make a recommendation for B-2, and that rezoning to a B-2 would not be averse to the public interest and would be consistent with the comprehensive plan, said Dana Olesky, Marion County assistant county attorney.

If the applicant thought for any reason that they would have outdoor storage in that area, it can be brought back, to let the county proceed with a special use permit for outdoor storage at the same time with a B-2, and then moving them forward at the same time coming back through the planning and zoning commission and the BOCC at the same time, said Straub. They can always come back for an SUP later; however, any outdoor storage would require an SUP.

Staff recommended if the applicant does desire to go for a special use permit, this item would continue at the next planning and zoning commission meeting and hearing, with the B-2 zoning and special use permit being heard together. A continuance protects the applicant from being denied. The applicant will continue with the request being for B-2 zoning but will have to pay a $500 application fee.