Submitted By: Emily W. Johnson, AICP
presenter
Presentation By: Jeff Shrum
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready): Request to postpone to the July 1, 2025, City Council meeting.
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Request to postpone to the July 1, 2025 City Council meeting - Adopt Resolution 2025-30 to approve a resolution for a Planned Development Plan and Standards Book for property located at the southwestern corner of the intersection at NE 49th Avenue and E Silver Springs Boulevard (Parcel 2735-000-002, 2735-009-001, 2735-009-002, 2735-006-017, and a portion of parcel 27028-004-03), approximately 6.83 acres (Case No. PD23-45431) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
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BACKGROUND:
• Applicant: NSC Silver Springs, LLC
• Property Owner: NSC Silver Springs, LLC and New Old Town Village, LLC
Petition Key Points:
This request is for the Planned Development (PD) Plan and Standards Book, required for the Planned Development Zoning request for the subject properties. The Resolution PD Plan and Standards Book (RES2025-XX) outlines development in two phases: a commercial tract of approximately 4.17 acres and a residential tract of approximately 2.66 acres.
o Permitted commercial uses include all uses permitted by right and by special exception in the B-2, Community Commercial Zoning District, excluding car washes. The maximum floor area ratio (FAR) consistent with the future land use category is 0.75, allowing a maximum of 136,233 square feet.
o Residential uses include single-family detached, single-family attached (townhome), and multi-family dwellings. The minimum density allowed, consistent with the future land use category, is three dwelling units per acre. The maximum permitted density is 18 dwelling units per acre. Accordingly, a minimum of 7 and a maximum of 47 dwelling units may be developed.
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 planned 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 planned between the eastern entrance roadway and said existing single-family residential subdivision.
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.
• 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.
• 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, with the exception of 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).
Planning and Zoning Commission:
Staff presented the PD Standards Book and PD Plan to the Planning and Zoning Commission at the meeting on May 12, 2025. During the presentation, staff identified changes to the recommended conditions that differed from those reflected in the staff report. The commission voted five to zero to recommend approval with the staff’s changes to the conditions.
FINDINGS AND CONCLUSIONS:
• The proposed rezoning is consistent with the Low Intensity Future Land Use classification pursuant to Code of Ordinances Section 122-244.
• The PD Plan is consistent with the minimum standards for a PD District (Section 122-942).
• The proposed rezoning is compatible with the surrounding development, the Comprehensive Plan, and the City’s Code of Ordinances.
• No level of service issues has been identified.
Staff recommends approval with the following conditions:
1. Residential density shall only apply to the 2.66-acre residential tract. Commercial intensity shall only apply to the 4.17-acre commercial tract.
2. All buildings shall be consistent with the architectural types reflected in the PD Standards Book.
3. All access to future outparcels must be from internal roadways.
4. Access to E Silver Springs Boulevard (SR 40) shall be coordinated with the Florida Department of Transportation (FDOT). Driveway location shall be subject to the approval of a traffic study pursuant to the City’s adopted Traffic Impact Analysis guidelines.
5. All freestanding signage shall be ground-mounted and match similar sign materials in the area. Signage for the commercial tract shall comply with the regulations of Section 110-153, Shopping Centers.
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
• PD Plan
• PD Standards Book
RESOLUTION 2025-XX
A RESOLUTION APPROVING A PLANNED DEVELOPMENT (PD) PLAN AND ASSOCIATED PD STANDARDS BOOK (NSC SILVER SPRINGS PD) FOR PROPERTY LOCATED AT THE SOUTHWESTERN CORNER OF THE INTERSECTION AT NE 49TH AVENUE AND E SILVER SPRINGS BOULEVARD (PARCEL 2735-000-002, 2735-009-001, 2735-009-002, 2735-006-017, AND A PORTION OF PARCEL 27028-004-03), APPROXIMATELY 6.83 ACRES (CASE NO. PD23-45431).
Whereas, NSC Silver Springs, LLC submits a PD plan (Case PD23-45431) for property located at the southwestern corner of the intersection at NE 49th Avenue and E Silver Springs Boulevard, approximately 6.83 acres to allow for the development of a mixed-use commercial and residential subdivision; and
Whereas, as an associated Ordinance _________ amends the zoning map of the City of Ocala changing parcels 2735-000-002, 2735-009-001, 2735-009-002, 2735-006-017, and a portion of parcel 27028-004-03 from PD, Planned Development, R-1, Single-Family Residential, & B-2, Community Business, to PD, Planned Development; and
Whereas, on _________, 2025, the Planning and Zoning Commission recommended approval of the applicant’s request by a ______________ vote.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session, as follows:
1. The City of Ocala does hereby approve the NSC Silver Springs PD plan (Exhibit “A”) and PD standards book (Exhibit “B”).
2. The effective date for this resolution will be associated with Ordinance _________ dated _______________, 2025.
3. The approved PD plan and associated PD standards book shall apply to the following described land located in Ocala, Marion County, Florida, to wit:
A PARCEL OF LAND LYING IN THE N.W. 1/4 OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA AND LYING IN THE N.E. 1/4 OF SECTION 11, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, ALSO BEING ALL OF LOTS 1 AND 2, BLOCK I AND LOT 17, BLOCK F OF GLYNNWOOD UNIT ONE, AS RECORDED IN PLAT BOOK G, PAGE 91, LOTS 3 THROUGH 5, PORTIONS OF LOTS 6 THROUGH 9, BLOCK I, AND LOTS 1 THROUGH 4, BLOCK F GLYNNWOOD UNIT FOUR, AS RECORDED IN PLAT BOOK H, PAGE 6, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, ALL OF N.E. 47TH COURT AS SHOWN ON SAID PLATS, AND A PORTION OF LOT 3 OF LOWE'S AUTUMN COMMERCIAL CENTER, AS RECORDED IN PLAT BOOK 7, PAGE 171 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID GLYNNWOOD UNIT FOUR, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 40 (BEING A 200 FOOT RIGHT OF WAY) (ALSO KNOWN AS EAST SILVER SPRINGS BOULEVARD), THENCE ALONG SAID RIGHT OF WAY LINE, N.53°56'32"E., A DISTANCE OF 279.28 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF N.E. 49TH AVENUE (BEING A RIGHT OF WAY WIDTH THAT VARIES), SAID POINT ALSO BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 393.18 FEET, A CENTRAL ANGLE 32°16'51" AND CHORD BEARING AND DISTANCE OF S.51°58'43"E., 218.60 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, SOUTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, A DISTANCE OF 221.52 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 121.25 FEET, A CENTRAL ANGLE 32°04'45" AND CHORD BEARING AND DISTANCE OF S.52°04'45"E., 67.00 FEET; THENCE CONTINUE SOUTHEASTERLY ALONG SAID 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 RIGHT OF WAY, S.36°02'23"E, A DISTANCE OF 140.67 FEET TO THE S.E. CORNER OF THE AFOREMENTIONED LOT 17, BLOCK F OF GLYNNWOOD UNIT ONE; THENCE DEPARTING SAID RIGHT OF WAY LINE, ALONG THE SOUTHERLY BOUNDARY OF LOT 17, S.53°58'20"W., A DISTANCE OF 178.75 FEET TO THE SOUTHWEST CORNER OF SAID LOT 17, SAID POINT ALSO BEING ON THE EASTERLY BOUNDARY OF THE AFOREMENTIONED LOT 1, BLOCK F OF GLYNNWOOD UNIT FOUR; THENCE DEPARTING SAID SOUTHERLY BOUNDARY, ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, S.35°56'56"E., A DISTANCE OF 84.51 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE DEPARTING THE EASTERLY BOUNDARY OF SAID LOT 1, ALONG THE EASTERLY BOUNDARY OF LOTS 2 THROUGH 4, BLOCK F OF SAID GLYNNWOOD UNIT FOUR, S.00°15'24"E., A DISTANCE OF 298.65 FEET TO THE S.E. CORNER OF SAID LOT 4; THENCE DEPARTING THE EASTERLY BOUNDARY OF SAID LOTS 2 THROUGH 4, ALONG THE SOUTH BOUNDARY OF LOT 4 BLOCK F AND LOT 9 BLOCK I, S.89°44'35"W., A DISTANCE OF 329.47 FEET; THENCE DEPARTING SAID SOUTH BOUNDARY, N.00°15'25"W., A DISTANCE OF 157.99 FEET; THENCE N.36°03'28"W., A DISTANCE OF 186.37 FEET TO A POINT ON THE WEST BOUNDARY OF THE AFOREMENTIONED GLYNNWOOD UNIT FOUR; THENCE DEPARTING SAID WEST BOUNDARY, N.36°03'28"W., A DISTANCE OF 234.69 FEET TO A POINT ON THE AFOREMENTIONED SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 40; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, N.53°56'32"E., A DISTANCE OF 170.72 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 6.83 ACRES MORE OR LESS.
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