Submitted By: Emily W. Johnson, AICP
Presentation By: Emily Johnson
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Public Hearing to rezone approximately 18.24 acres for the property located southwest of the intersection at SW 48th Avenue and SW 49th Place (Parcel 23832-000-00 and a portion of 23894-002-00) from R-3, Multi-Family Residential, to B-2, Community Business (Case ZON25-0007) (Quasi-Judicial).
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Operational Excellence
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant/Property Owner: Circle Fore LLC
• Agent: James W. Gooding III, Gooding & Batsel, PLLC
Key Points:
The petitioner is requesting to rezone from R-3, Multi-Family Residential, to B-2, Community Business, to allow for future commercial development. A subdivision improvement plan is currently under review for Circle Fore II At SW 48th Ave (SUB23-45452), for a commercial plat containing 3 lots, 3 tracts, and associated public roadway and stormwater infrastructure improvements. The subject properties are identified as Lot 1 and Tract 1 on the proposed improvement plan.
Zoning and Land Use Details:
The subject properties were previously rezoned from OP, Office Park, and B-2, Community Business, to R-3, Multi-Family Residential, via Ordinance 2021-14. A site plan has never submitted.
Additionally, the properties are designated as Low Intensity Future Land Use Category, and future development is subject to Future Land Use Policies 18.8 and 18.21, as amended by Ordinance 2021-30 and Ordinance 2023-15, respectively.
FINDINGS AND CONCLUSIONS:
• The proposed rezoning is consistent with the existing Low Intensity Future Land Use classification, pursuant to Section 122-244 of the Code of Ordinances, and is compatible with the surrounding area.
• The B-2, Community Business, zoning district is appropriate with the intended use of the subject property. Adjacent properties to the south and west are existing B-2 and B-4 zoned properties located along a major arterial roadway (SR 200).
• No level of service issues have been identified for public facilities as a result of the zoning amendment.
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
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Aerial Map
ORDINANCE 2025-XX
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING THE ZONING FROM R-3, MULTI-FAMILY RESIDENTIAL, TO B-2, COMMUNITY BUSINESS, FOR CERTAIN PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION AT SW 48TH AVENUE AND SW 49TH PLACE (PARCEL 23832-000-00 AND A PORTION OF 23894-002-00), APPROXIMATELY 18.24 ACRES (CASE NO. ZON25-0007); 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 lands described below are hereby rezoned and reclassified according to the zoning regulation of the City of Ocala, Florida, as B-2, Community Business:
A PORTION OF SECTIONS 33 AND 34, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE WESTERLY MOST CORNER OF RACE WASH 200 AS RECORDED IN PLAT BOOK 13, PAGE 59 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE S.41°48'12"W., 409.32 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 33; THENCE ALONG THE SOUTH BOUNDARY OF SAID SECTION 33 THE FOLLOWING TWO (2) COURSES: (1) N.89°49'41 "W., 713.71 FEET; (2) THENCE N.89°57'31 "W., 426.03 FEET TO THE S.E. CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7776, PAGE 1 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING THE SOUTH BOUNDARY OF SAID SECTION 33, ALONG THE EAST BOUNDARY OF SAID LANDS, N.00°21'41"E., 264.07 FEET TO THE N.E. CORNER OF SAID LANDS; THENCE DEPARTING THE EAST BOUNDARY OF SAID LANDS, ALONG THE NORTH BOUNDARY OF SAID LANDS, S.89°52'07"W., 142.47 FEET TO THE EAST RIGHT OF WAY LINE OF S.W. 51ST TERRACE (RIGHT OF WAY WIDTH VARIES); THENCE DEPARTING THE NORTH BOUNDARY OF SAID LANDS, ALONG SAID EAST RIGHT OF WAY LINE, N.00°21'47"E., 80.75 FEET TO THE SOUTH BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7654, PAGE 955 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, ALONG THE SOUTH BOUNDARY OF SAID LANDS THE FOLLOWING TWO (2) COURSES: (1) S.89°38'13"E., 541.55 FEET; (2) THENCE N.39°39'16"E., 441.91 FEET TO THE SOUTHERLY MOST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 6754, PAGE 1927 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING THE SOUTH BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7654, PAGE 955, ALONG THE SOUTHERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 6754, PAGE 1927 THE FOLLOWING FIVE (5) COURSES: (1) N.39°39'16"E., 60.34 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 48°45'27", AND A CHORD BEARING AND DISTANCE OF N.64°02'00"E., 181.62 FEET; (2) THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SOUTHERLY BOUNDARY, A DISTANCE OF 187.22 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 140.00 FEET, A CENTRAL ANGLE OF 52°27'25", AND A CHORD BEARING AND DISTANCE OF N.62°ll'0l"E., 123.75 FEET; (3) THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SOUTHERLY BOUNDARY, A DISTANCE OF 128.18 FEET TO A POINT OF TANGENCY; (4) THENCE N.35°57'18"E., 125.00 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE WESTERLY, HAYING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91°11'43", AND A CHORD BEARING AND DISTANCE OF N.09°39'28"W., 35.72 FEET; (5) THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SOUTHERLY BOUNDARY, A DISTANCE OF 39.79 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF S.W. 48TH AVENUE (RIGHT OF WAY WIDTH VARIES); THENCE DEPARTING THE SOUTHERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 6754, PAGE 1927, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING THREE (3) COURSES: (1) S.54°03'07"E., 130.51 FEET; (2) THENCE S.53°45'32"E., 27.37 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAYING A RADIUS OF 2,050.00 FEET, A CENTRAL ANGLE OF 06°25'54", AND A CHORD BEARING AND DISTANCE OF S.57°17'24"E., 230.00 FEET; (3) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 230.12 FEET TO THE END OF SAID CURVE; THENCE S.35°57'18"W., 202.00 FEET; THENCE S.54°02'42"E., 324.09 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF S.W. 48TH ROAD (RIGHT OF WAY WIDTH VARIES); THENCE DEPARTING SAID SOUTHWESTERLY RIGHT OF WAY LINE, ALONG SAID NORTHERLY RIGHT OF WAY LINE, S.41°48'12"W., 171.50 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 18.24 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 R-3, Multi-Family Residential, to B-2, Community 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 Kristen M. Dreyer
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2025.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2025-XX
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.