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 0.45 acres for the property located at 3235 SE Maricamp Road (Parcel 29793-002-02) from B-2, Community Business, to SC, Shopping Center (Case ZON25-0011) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place.
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant: Irvin Homes, LLC
• Agent: Fred Roberts, Klein & Klein, PLLC
• Property Owner: Sumner Real Estate Investments, LLC
Key Points:
The applicant is requesting to rezone from B-2, Community Business, to SC, Shopping Center, to allow for future development of a drive-through restaurant with shared access and parking facilities. Records indicate that the existing baseball batting cages were developed in 1996, and that the business tax receipt for Batter Up of Ocala LLC expired on September 30, 2024.
Zoning and Land Use Details:
The subject property is designated as Low Intensity Future Land Use Category (FLUC), which is intended to identify areas that are generally oriented towards the automobile as the primary mode of transportation.
Incorporating the subject property into the shopping center to the north and west, necessitates the rezoning of the subject property to SC, Shopping Center, pursuant to Subsection 122-904(b) of the Code of Ordinances.
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 proposed rezoning is consistent with the existing Shopping Center (SC) zoning of the adjacent properties.
• The proposed SC, Shopping Center, zoning district has similar permitted uses in comparison to the existing B-2, Community Business zoning of the subject property.
• No level of service issues have been identified for public facilities as a result of the zoning amendment.
• An update to the shopping center master plan will be required prior to development.
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 B-2, COMMUNITY BUSINESS, TO SC, SHOPPING CENTER, FOR CERTAIN PROPERTY LOCATED AT 3235 SE MARICAMP ROAD (PARCEL 29793-002-02), APPROXIMATELY 0.45 ACRES (CASE NO. ZON25-0011); 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 SC, Shopping Center:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA; THENCE SOUTH 0 DEGREES 03' 30" WEST ALONG THE EAST BOUNDARY OF SAID SECTION 27, A DISTANCE OF 660.25 FEET TO THE SOUTH BOUNDARY OF THE NORTH 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 27; THENCE SOUTH 89 DEGREES 49' 10" WEST ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 81.67 FEET TO THE WEST RIGHT OF WAY LINE OF SOUTHEAST 36TH AVENUE; THENCE CONTINUE SOUTH 89 DEGREES 49' 10" WEST ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 1336.81 FEET TO A POINT 100 FEET WEST OF THE WEST BOUNDARY OF THE EAST 1/4 OF SAID SECTION 27; THENCE SOUTH 0 DEGREES 06' 19" WEST PARALLEL TO SAID WEST BOUNDARY, A DISTANCE OF 425.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 0 DEGREES 06' 19" WEST PARALLEL TO SAID WEST BOUNDARY A DISTANCE OF 190 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 464 (200 FEET WIDE), ALSO KNOWN AS MARICAMP ROAD; THENCE NORTH 55 DEGREES 24'10" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 200 FEET; THENCE NORTH 34 DEGREES 35' 50" EAST, 93.11 FEET; THENCE SOUTH 89 DEGREES 53' 41" EAST 112.11 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-2, Community Business, to SC, Shopping Center, 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.