Submitted By: Emily W. Johnson, AICP
presenter
Presentation By: Jeff Shrum
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Request to postpone to the July 1, 2025 City Council meeting - Adopt Resolution 2025-29 to abrogate a portion of NE 47th Court between Block I, Lot 2 and Block F, Lot 17 of Glynnwood Unit 1 as recorded in Plat Book G, Page 91, of the public records of Marion County, Florida (Parcels 2735-0006-017 & 2735-009-002) (Case ABR23-45418) (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/Property Owner: NSC Silver Springs LLC
Petition Key Points:
The applicant is requesting this abrogation as part of a proposed planned development (PD) project that includes swapping property with the adjoining property to the west. This petition is necessary to provide the applicant design options for the site while maintaining the opportunity to provide cross-access to the properties to the west. Specifically, Abrogation (ABR23-45418) requests to abrogate a portion of NE 47th Court, a 50-foot-wide unimproved right-of-way located between Parcels 2735-009-002 and 2735-006-017.
o The conceptual PD Plan reflects the access connection shifted slightly south from NE 47th Court to a proposed road bisecting PID 2735-006-017, providing for continued connectivity and cross-access between NE 49th Avenue and NE 46th Avenue.
Summary Petitioners Request and Concurrent Applications:
The applicant is working with an adjoining commercial property owner to exchange portions of their respective properties, creating parcels that are more conducive to future development. The applicant is proposing to swap a rear portion of the subject property with the westerly adjoining commercial property to obtain more commercial frontage along a major arterial roadway. The rear portion is proposed to be further developed as parking infrastructure to support the existing commercial use. The two property owners have arranged a mutually beneficial agreement to transfer property between their respective developments. As a result, there are six proposed petitions to facilitate their future development intentions, which include the exchange of portions of their properties. The other five concurrent petitions are as follows:
• Chapter 163 Development Agreement (DMA23-45430) has been submitted to amend the agreement and memorialize a land swap between the two property owners. The amendment would:
o Remove a 0.64-acre portion of property (Parcel 27028-004-03) from the terms and conditions of the agreement.
o Add a 0.59-acre portion of property (Parcel 2735-000-002) to the agreement, subject to the terms and conditions set forth therein.
o Revise language pertaining to the allowance of cross-access between the development and neighboring properties.
o No other modifications are proposed to the agreement.
• Future Land Use Map Amendment (LUC23-45427) requests to change the future land use designation of Parcels 2735-009-002 and 2735-006-017 from Neighborhood to Low Intensity.
o Provides for a consistent land use category to promote a unified development plan.
• Rezoning to B-2 (ZON23-45419) has been submitted to rezone a 0.59-acre portion of PID 2735-000-002 from PD, Planned Development, to B-2, Community Business. The rezoning memorializes a land swap agreement between two property owners and adjusts the zoning delineation between their properties.
• Rezoning to Planned Development (PD23-45431) requests to include a 0.64-acre portion of parcel 27028-004-03 and include parcels 2735-009-002 and 2735-006-017 along with the proposed abrogated right-of-way between the two aforementioned parcels, allowing development of a mixed-use subdivision, containing both commercial and residential uses.
o The majority of the subject properties remain vacant and undeveloped, except Parcel 2735-009-001 (0.41 acres), which was developed with an existing business and professional office in 1963. City records indicate that a business tax receipt has not been active on the property since 2023.
o The proposed PD Plan and Standards Book would replace the conceptual plan approved by Resolution 2016-4 for 13,600 square feet of retail and 25,000 square feet. of office uses (PUD14-0002, Avatar Properties).
• Resolution PD Plan and Standards Book (RES2025-XX) depicts development in two phases: a commercial development tract containing approximately 4.17 acres and a residential development tract containing approximately 2.66 acres.
o Commercial uses are proposed to include all uses permitted by right and by special exception in the B-2, Community Commercial, zoning District, with the exception of car washes. The maximum Floor Area Ratio (FAR) consistent with the future land use category is 0.75, which allows for a maximum of 136,233 square feet.
o Residential uses include single-family detached, single-family attached (townhome), and multi-family dwellings. The minimum allowed density consistent with the future land use category is three dwelling units per acre, which requires seven dwelling units. The maximum allowed density consistent with the future land use category is 18 dwelling units per acre, which allows for up to 47 dwelling units.
o Twenty-five percent of the gross acreage will be preserved as open space, and 10 percent will be preserved as aggregate open space.
o A 40-foot-wide natural buffer is depicted along the southern property line between the proposed residential development tract and the existing single-family residential subdivision, and a 25-foot-wide natural buffer is depicted between the eastern entrance roadway and said existing single-family residential subdivision.
Planning and Zoning Commission:
Staff presented the abrogation to the Planning and Zoning Commission at the meeting on May 12, 2025. During the presentation, staff identified that the language in the resolution needed to be modified to address the location of the reserved easement adequately. This issue has been addressed, and the resolution has been updated. The commission voted five to zero to recommend approval, with the condition that the easement language be fixed before presentation to the city council.
FINDINGS AND CONCLUSIONS:
• A portion of an existing storm pipe may reside within the proposed abrogated right-of-way.
• Connectivity and cross-access between NE 49th Avenue and NE 46th Avenue would still be provided via a new roadway proposed by PD23-45431.
Staff recommends approval with the following conditions:
1. An alternate cross access between NE 49th Avenue and NE 46th Avenue shall be provided, consistent with the corresponding PD Plan.
2. Utility easements for the existing storm pipe, located parallel to the right-of-way of NE 49th Avenue, shall be provided.
3. The City Surveying Department shall approve the final legal description.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The resolution is pending review by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with amendments
• Deny
• Table
RESOLUTION 2025-XX
A RESOLUTION APPROVING THE ABROGATION AND VACATION OF A PORTION OF NE 47TH COURT BETWEEN BLOCK I, LOT 2 AND BLOCK F, LOT 17 OF GLYNNWOOD UNIT 1 AS RECORDED IN PLAT BOOK G, PAGE 91, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
WHEREAS, an application has heretofore been made by NSC Silver Springs LLC for the abrogation and vacation of the right-of-way, lying between a portion of NE 47th Court between Block I, Lot 2 and Block F, Lot 17 of Glynnwood Unit 1 as recorded in Plat Book G, Page 91 of the Public Records of Marion County, in Ocala, Marion County, Florida as hereinafter more particularly described; and
WHEREAS, the City of Ocala is the owner of the right-of-way described above; and
WHEREAS, subsequent to said application a public hearing was held after due notice as provided by law, and
WHEREAS, comments regarding the effects of such a vacation on the public facilities of the City have been requested from appropriate city departments and private utilities; and
WHEREAS, all utilities were contacted and responded with no objection to the requested abrogation and vacation, with the exception of Stormwater Engineering; and
WHEREAS, the City is requesting reservation of a utility easement for access to a stormwater pipe within the right-of-way of NE 49th Avenue; and
WHEREAS, on May 12, 2025, the Ocala Planning and Zoning Commission in regular session recommended ____________ of the abrogation and vacation of the portion of NE 47th Court between Block I, Lot 2 and Block F, Lot 17 of Glynnwood Unit 1 as recorded in Plat Book G, Page 91.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session as follows:
1. That the portion of NE 47th Court between Block I, Lot 2 and Block F, Lot 17 of Glynnwood Unit 1 as recorded in Plat Book G, Page 91, of the public records of Marion County, Florida, is hereby abrogated and vacated; being more particularly described as follows:
A PARCEL OF LAND LYING IN THE N.W. 1/4 OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, ALSO BEING A PORTION OF N.E. 47TH COURT, BEING A FIFTY FOOT RIGHT OF WAY, AS SHOWN ON THE PLAT OF GLYNNWOOD UNIT 1, AS RECORDED IN PLAT BOOK G, PAGE 91, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 17, BLOCK F OF SAID GLYNNWOOD UNIT 1; THENCE ALONG THE WESTERLY BOUNDARY OF SAID GLYNNWOOD UNIT 1, N.35°58'58"W., A DISTANCE OF 50.07 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID N.E. 47TH COURT; THENCE DEPARTING SAID WESTERLY BOUNDARY, ALONG SAID NORTHERLY RIGHT OF WAY LINE, N.54°00'20"E., A DISTANCE OF 130.02 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 31.36 FEET, A CENTRAL ANGLE OF 105°47'06" AND A CHORD BEARING AND DISTANCE OF N.00°58'19"E., 50.02 FEET; THENCE NORTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, A DISTANCE OF 57.90 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF N.E. 49TH AVENUE, BEING A RIGHT OF WAY WIDTH THAT VARIES, SAID POINT ALSO BEING A POINT OF CUSP ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 121.25 FEET, A CENTRAL ANGLE OF 32°04'45" AND A CHORD BEARING AND DISTANCE OF S.52°04'45"E., 67.00 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY LINE, SOUTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, A DISTANCE OF 67.89 FEET TO THE END OF SAID CURVE; THENCE CONTINUE ALONG SAID WESTERLY RIGHT OF WAY LINE, S.36°02'23"E., A DISTANCE OF 50.41 FEET TO A POINT OF CUSP OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 89°49'41" AND A CHORD BEARING AND DISTANCE OF N.81°14'44"W., 35.30 FEET; THENCE DEPARTING SAID WESTERLY RIGHT OF WAY, NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND THE SOUTHERLY RIGHT OF WAY LINE OF THE AFOREMENTIONED N.E. 47TH COURT, A DISTANCE OF 39.19 FEET TO THE POINT OF TANGENCY; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S.53°58'18"W., A DISTANCE OF 153.64 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 0.22 ACRES MORE OR LESS.
2. Reserving unto the City of Ocala a perpetual stormwater easement for the construction, operation and maintenance of an existing stormwater pipe, and related facilities (all of which items to be located in the easement area being referred to as the “Facilities”) over, under, across and on the portion of the vacated or abrogated land, as described above, contiguous to or within the right of way of NE 49th Avenue (the “easement area”).
a. The easement rights specifically include: (a) the right of perpetual ingress and egress to patrol, inspect, alter, improve, construct, repair, maintain, rebuild, relocate, remove and provide access and service to the Facilities; (b) the right to decrease or increase, or to change the quantity and type of, the Facilities; (c) the right to clear the easement area of trees, limbs, undergrowth, and other physical objects (regardless of the location of such trees, limbs, undergrowth, and other objects) which, in the opinion of the City, endanger or interfere with the safe and efficient installation, operation, or maintenance of the Facilities; (d) the right to permit any other person or entity to attach lines to such Facilities within the easement area; and (e) all other rights and privileges reasonably necessary or convenient for the safe and efficient installation, operation and maintenance of the Facilities and for the enjoyment and use of such easement for the purposes described above. No buildings, structures, or obstacles (except fences and pavement) within the easement area shall be located, constructed, excavated or created within the easement area. Any proposed fence installation with appropriate gates must be approved by the City of Ocala Engineering Department and must allow ready access to the City’s Facilities.
b. Such easement may be modified or released by City without compliance with the provisions of the City Code concerning abrogation and vacation of roads.
3. Nothing set forth in paragraph 1 of this Resolution shall abrogate the street to the extent of the easement reserved in this paragraph 2.
4. A certified copy of the Resolution shall be recorded by the Clerk of the City of Ocala in the public records of Marion County, Florida.
This resolution adopted this ______ day of ______________________, 2025.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Kristen M. Dreyer
City Clerk President, Ocala City Council
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney