Submitted By: Emily W. Johnson, AICP
Presentation By: Jeff Shrum
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2025-31 to rezone approximately 0.59 acres for property located at the southwestern corner of the intersection at NE 49th Avenue and E Silver Springs Boulevard (a portion of 2735-000-002) from PD, Planned Development, to B-2, Community Business (Case ZON23-45419) (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: NSC Silver Springs, LLC
• Property Owner: NSC Silver Springs, LLC
Key Points & Associated Concurrent Applications:
• Rezoning to B-2 (ZON23-45419), Applicants NSC Silver Springs LLC. and New Old Town Village LLC. - has been submitted to rezone a 0.59-acre portion of PID 2735-000-002 from PD, Planned Development, to B-2, Community Business. This rezoning aligns with the intent to swap land and provide B-2 zoning consistent with the existing B-2 zoning for the remainder of the properties held by New Old Town Village, LLC.
Summary Petitioners Request and Concurrent Petitions:
The applicant is working with an adjoining commercial property owner, New Old Town Village LLC., to swap portions of their respective properties to create parcels that are more conducive for their future development plans. More specifically, the proposed land swap includes a 0.59 acre northeastern portion (fronting on SR 40) of New Old Town Village property to be conveyed to NSC Silver Springs LLC. in return for NSC Silver Springs LLC., conveying 0.64 acres of their southwestern property to New Old Town Village LLC The proposed land swap provides NSC Silver Springs LLC., with additional frontage along SR 40 an Arterial roadway and promotes New Old Town Villages efforts to provide expanded parking for the Mojo’s restaurant. The two property owners have arranged a mutually beneficial agreement to transfer property between their respective developments. As a result, there are six necessary petitions proposed to facilitate their future development intentions which includes the exchange of property. All necessary and related petitions are listed below:
• 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 There are no other modifications 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), Applicants NSC Silver Springs LLC. and New Old Town Village LLC. - requests to rezone 6.83 acres including parcels 2735-009-002 and 2735-006-017, 2735-000-002 2735-009-001 and a 0.64-acre portion of parcel 27028-004-03 along with the proposed abrogated right-of-way (ABR23-45418), 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 s.f. of retail and 25,000 s.f. 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 up to 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 3 dwelling units per acre, which requires 7 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 (25%) of the gross acreage will be preserved as open space, and ten percent (10%) 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 rezoning to the Planning and Zoning Commission at the meeting on May 12, 2025. There was no further discussion nor questions from the commission. The commission voted 5-0 to recommend approval.
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 B-2, Community Business, zoning district is appropriate with the existing and intended use of the subject properties.
• No Level of Service issues have been identified for public facilities as a result of the zoning amendment.
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
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Aerial Map
ORDINANCE 2025-31
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM PD, PLANNED DEVELOPMENT, TO B-2, COMMUNITY BUSINESS, FOR THE PROPERTY LOCATED AT THE SOUTHWESTERN CORNER OF THE INTERSECTION AT NE 49TH AVENUE AND E SILVER SPRINGS BOULEVARD (A PORTION OF 2735-000-002), APPROXIMATELY 0.59 ACRES (CASE NO. ZON23-45419); 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 following described lands are hereby rezoned and reclassified according to the zoning regulation of the City of Ocala, Florida, as PD, Planned Development:
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 PORTIONS OF LOTS 6 THROUGH 9, BLOCK I, AS RECORDED GLYNNWOOD UNIT FOUR, AS RECORDED IN PLAT BOOK H, PAGE 6, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA. A PORTION OF N.E. 47TH COURT AS SHOWN ON SAID PLAT. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE 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 DEPARTING SAID SOUTH RIGHT OF WAY LINE, ALONG THE WEST BOUNDARY OF SAID GLYNNWOOD
UNIT 4, S.00°01'29"E., A DISTANCE OF 290.21 FEET TO THE POINT OF BEGINNING. THENCE DEPARTING SAID WEST BOUNDARY, S.36°03'28"E., A DISTANCE OF 186.37 FEET; THENCE S.00°15'25"E., A DISTANCE 157.99 FEET TO A POINT ON THE SOUTH BOUNDARY OF LOT 9, BLOCK F OF SAID GLYNNWOOD UNIT FOUR; THENCE ALONG SAID SOUTH BOUNDARY, S.89°44'35"W., A DISTANCE OF 110.27 FEET TO THE S.W. CORNER OF SAID LOT 9; THENCE DEPARTING SAID SOUTH BOUNDARY, ALONG THE WEST BOUNDARY OF SAID GLYNNWOOD UNIT 4, N.00°01'29''W., A DISTANCE OF 309.14 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 0.59 ACRES MORE OR LESS.
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 PD, Planned Development, to B-2, Community 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 the later of:
a. Approval by the mayor, or upon becoming law without such approval;
b. Ordinance 2025-____ rezoning property pursuant to PD23-45431 becoming effective; or
c. The date that New Old Town Village, LLC acquires title to the portion of Marion County Tax Parcel ID # 2735-000-002 (currently owned by NSC Silver Springs, LLC) for the portion of the real property described in Section 1 of this Ordinance not currently owned by New Old Town Village, LLC. The recording of a deed in the Public Records of Marion County, Florida, for such property shall be deemed conclusive evidence that this condition has occurred. If this condition has not occurred by December 31, 2026, this Ordinance shall be ineffective (unless the City adopts a new ordinance extending such date).
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: 2025-31
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.