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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Introduce Ordinance 2025-4 to rezone approximately 1.20 acres for property located at the southeast corner of the intersection of East Silver Springs Boulevard and NE 39th Road (Parcel 2730-1000-00) from Limited Community Business (B-2A) to Multi-Family Residential (R-3) (Case ZON24-45770) (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: RST Cypress Pointe Estates, LP
• Property Owner: RST Cypress Pointe Estates, LP
• Agent: Bob Colvard, Roundstone Development
Key Points:
The petitioner is requesting to change the zoning from Limited Community Business (B-2A) to Multi-Family Residential (R-3), to allow for multi-family residential development by right on the subject property.
The subject property provides access to a vacant R-3 zoned parcel located immediately to the southwest (PID 27261-001-04). The petitioner has indicated that the two parcels will be developed together. The property had two previous special exceptions approved for multi-family including both parcels; each special exception expired before any multi-family development occurred.
Zoning and Land Use Details:
The surrounding area is characterized by an existing blend of commercial and residential uses. East Silver Springs Boulevard is a major arterial roadway and primary thoroughfare. Business, retail, and shopping center uses are prominent along the corridor, as are some existing multi-family residential uses. These uses serve as a transition between the more intense uses fronting East Silver Springs Boulevard and nearby single-family residential neighborhoods.
The underlying Low Intensity Future Land Use classification has a minimum density of three dwelling units per acre and a maximum density of 18 dwelling units per acre. Based on the 1.2-acre size of the subject property, there is a potential for 21 residential units.
Planning & Zoning Commission:
The commission voiced concern that several access points already exist along East Silver Springs Boulevard and requested clarification as to the intended access location. The applicant confirmed that access would connect to NE 39th Road instead of East Silver Springs Boulevard. The applicant further indicated that the subject property would primarily be utilized to access and develop an amenity center; residential units are intended to be located on the adjoining parcel.
The Planning & Zoning Commission voted 4-0 to recommend approval to City Council.
FINDINGS AND CONCLUSIONS:
• The proposed rezoning is consistent with the Low Intensity Future Land Use classification.
• The proposed R-3 zoning district allows for a variety of residential uses by right, including multi-family, which the existing B-2A zoning district permits by special exception.
• The proposed multi-family residential use is a permitted use within the requested R-3 zoning district pursuant to Section 122-351 of the Code of Ordinances and is compatible with the surrounding uses.
• Adequate public facilities exist to service the proposed development.
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 2025-4
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM B-2A, LIMITED COMMUNITY BUSINESS, TO R-3, MULTI-FAMILY RESIDENTIAL FOR CERTAIN PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF E SILVER SPRINGS BOULEVARD AND NE 39TH ROAD (PARCEL NUMBER 2730-1000-00), APPROXIMATELY 1.20 ACRES (CASE NO. ZON24-45770); 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 R-3, Multi-Family Residential:
COMMENCE AT THE NORTHEAST CORNER OF THE NE 1/4 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA; THENCE ALONG THE EAST BOUNDARY OF THE SW 1/4 OF SAID SECTION 11, SOUTH 00°06'05"E 400.00 FEET; THENCE NORTH 89°55'50"W 593.37 FEET; THENCE SOUTH 39°38'33"W 135.65 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 39°38'33"W 46.15 FEET; THENCE NORTH 89°55'50"W 107.33 FEET; THENCE NORTH 51°08'10"W 386.36 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 40; THENCE ALONG SAID RIGHT OF WAY NORTH 53°51'50"E 117.38 FEET; THENCE DEPARTING SAID RIGHT OF WAY, SOUTH 51°08'10"E 440.27 FEET 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-2A, Limited Community Business, to R-3, Multi-Family Residential 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: 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.