Submitted By: David Sablan, Planner II
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Presentation By: David Sablan, Planner II
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Department: Growth Management
FORMAL TITLE:
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Ordinance 2026-XX to rezone approximately 2.80 acres for a property located at 5203 SW 20th Street (Parcel 23320-005-05) from B-1A, Limited Neighborhood Business, to B-1, Neighborhood Business (Case ZON26-0015) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant/Owner: Valentin Jimenez
• Agent: David Dinkins, Davis Dinkins Engineering, P.A.
Key Points:
The applicant is requesting to rezone Parcel 23320-005-05, totaling 2.80 acres from B-1A, Limited Neighborhood Business to B-1, Neighborhood Business. The owner/applicant has submitted a concurrent application to terminate a Developer’s Agreement recorded against the subject property, recorded in Book 5069, Pages 323-334, which restricts the permitted principal uses allowed on the property.
The subject property was annexed into the City in 1997 but was not given a zoning designation until 2008. In 2007, the property owner applied to rezone the subject property to M-1, Light Industrial, but later amended the application to rezone to B-1A, Limited Neighborhood Commercial, instead. The associated Developer’s Agreement was offered by the applicant as a condition of approval to prohibit alcoholic beverage location establishments.
In review of the surrounding area, the subject property appears to be an isolated (north of SW 20th Street) existing non-residential zoning designation that is adjacent to and in proximity to primarily residential uses with a cemetery located to the SW across SW 20th Street. Typically, allowing a non-residential zoning district within an area of existing residential development would not be recommended as concerns for compatibility and potential inappropriate scale of development could occur. Further, with this proposed amendment, the request is to change an existing non-residential district to a more intense non-residential district, “upzoning” the subject property, adds concern of compatibility and potential scale of development in the context of existing development in the area. However, as detailed in the staff report, the requested upzoning from B-1A to B-1 represents only minor changes from the existing B1-A zoning and the proposed B-1 zoning. Additionally, the B-1 zoning in comparison of the surrounding R-3 and PD zoning is not out of line with the permitted uses and potential scale of development as compared to the existing development in the area.
FINDINGS AND CONCLUSIONS:
• The concurrent request to terminate an existing Developer’s Agreement on the subject property will subject the property to the rights and restrictions of the existing zoning classification (B1-A). This would effectively reclassify church and day care uses as permitted principal uses that no longer require Special Exception and will reclassify alcoholic beverage establishments as permitted principal uses.
• Modification or termination of the Developer’s Agreement would be appropriate prior to any rezoning of the subject property. The description of permitted and prohibited uses within the Developer’s Agreement supersedes the property’s zoning district.
• Rezoning to B-1, Neighborhood Business will:
o Make Pharmacy, Roadside Fruit and Vegetable Stands, and Full Service Stations (via Special Exception) permitted on the subject property.
o Eliminate restriction that limits hours of operation to between 7:00 A.M. and 11:00 P.M.
o Eliminate development restriction that limits maximum building size to 6,000 square feet.
• The proposed rezoning is consistent with the surrounding development, the Comprehensive Plan, and the City’s Code of Ordinances.
• No public facility level of service (LOS) issues have been identified as a result of the amendment. Any proposed development of the site will require additional LOS analysis for public facilities.
• Future development of the property will be subject to all applicable City review processes.
Staff recommends approval
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
This ordinance will be reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with Changes
• Table
• Deny
SUPPORT MATERIALS:
• Staff Report
• Developer’s Agreement (recorded in Book 5069, Pages 323-334)
• Case Map
• Aerial Map
ORDINANCE 2026-XX
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING THE ZONING FROM B-1A, LIMITED NEIGHBORHOOD BUSINESS, TO B-1, NEIGHBORHOOD BUSINESS, FOR CERTAIN PROPERTY LOCATED IN AT 5203 SW 20TH STREET (PARCEL 23320-005-05), APPROXIMATELY 2.80 ACRES (CASE NO. ZON26-0015); 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-1, Neighborhood Business:
THE EAST 210 FEET OF THE SOUTH 658 FEET OF THE SOUTH 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA
LESS AND EXCEPT:
ROAD RIGHT OF WAY FOR SW 20TH STREET AND ADDITIONAL RIGHT OF WAY TAKEN IN WARRANTY DEED RECORDED IN OR BOOK 2156, PG 308.
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 B-1A, Limited Neighborhood Business, to B-1, Neighborhood 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 Ire J. Bethea Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2026.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2026-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.