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 1.59 acres for the property located at 458 NW 1st Street (Parcel 2855-005-000) including two contiguous parcels to the east (Parcel 2855-009-000 and 2855-006-000) from R-3, Multi-Family Residential, and B-3C, Community Redevelopment Area Mixed Use 2 District, to B-4, General Business (Case ZON25-0009) (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/Agent: James M. Hoenstine
• Property Owners: Tatyana Hoenstine & Downtown Baptist Temple, Inc
Key Points:
The applicant is requesting to rezone from R-3, Multi-Family Residential, and B-3C, Community Redevelopment Area Mixed Use 2 District, to B-4, General Business to allow for future commercial development. The Property Appraiser’s records indicate that the building on Parcel 2855-005-000 was constructed in 1935 and has been utilized as a church since 2020.
Zoning and Land Use Details:
The subject properties are designated as High Intensity/Central Core Future Land Use Category (FLUC). The intent of the High Intensity/Central Core Future Land Use Category (FLUC) is to identify the area suitable for the most intense residential and non-residential development within the city. The proposed B-4 zoning district and the intended use are consistent with the intent of the High Intensity/Central Core FLUC.
All three parcels are located within the West Ocala Community Redevelopment Area (CRA) and are identified within the West Ocala Community Vision Plan (2011) as part of the Downtown District.
FINDINGS AND CONCLUSIONS:
• The proposed rezoning is consistent with the existing High Intensity/Central Core Future Land Use classification, pursuant to Section 122-244 of the Code of Ordinances, and is compatible with the surrounding area.
• The B-4, General Business, zoning district is appropriate with the intended use of the subject property. Adjacent properties to the north and west have existing B-4 zoning.
• The existing church use is permitted by-right within the requested B-4 zoning district.
• No level of service issues have been identified for public facilities as a result of the zoning amendment.
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 R-3, MULTI-FAMILY RESIDENTIAL, AND B-3C, COMMUNITY REDEVELOPMENT AREA MIXED USE 2 DISTRICT, TO B-4, GENERAL BUSINESS, FOR CERTAIN PROPERTY LOCATED AT 458 NW 1ST STREET ALONG WITH THE TWO CONTIGUOUS PARCELS TO THE EAST (PARCEL 2855-005-000, 2855-009-000 AND 2855-006-000), APPROXIMATELY 1.59 ACRES (CASE NO. ZON25-0009); 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-4, General Business:
THE SOUTH 1.92 CHAINS OF THE WEST 2 CHAINS OF LOT 7, SCOTTS RAILROAD LOTS IN THE TOWN OF OCALA, ACCORDING TO THE MAP OT PLAT THEREOF AS RECORDED IN PLAT BOOK E, PAGE 5, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
LESS AND EXCEPT THAT PART DEEDED TO THE STATE OF FLORIDA BY DEED RECORDED IN OFFICIAL RECORDS BOOK 544, PAGE 63, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
AND
THE NORTH 105 FEET OF THE WEST 85 FEET OF LOT 7, SCOTTS RAILROAD IN THE TOWN OF OCALA, AS PER PLAT BOOK E, PAGE 5, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
AND
LOT 8, LYING EAST OF RAILROAD, SCOTTS SURVEY, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK E, PAGE 5, PUBLIC RECORDS OF MARION COUNTY, FLORIDA, EXCEPT STATE ROAD 40 RIGHT OF WAY.
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 R-3, Multi-Family Residential, and B-3C, Community Redevelopment Area Mixed Use 2 District, to B-4, General 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 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.