Submitted By: Breah Miller
presenter
Presentation By: Endira Madraveren
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Ordinance 2025-39 to change the Future Land Use designation on approximately 39.33 acres comprised of two parcels (Parcel 23311-000-00 & Parcel 23817-004-00) located in the 5100 block, along the south side of SW 20th Street from High Intensity (County) to Medium Intensity/ Special District (City) (Case LUC24-45705) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
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Since the City Council's introduction hearing on this agenda item, staff have provided an updated staff report for the record. The updated report includes minor corrections, additional staff analysis, and formatting changes to provide improved, competent, and substantial evidence. To clarify, this updated report did not change or alter the staff’s recommendations. Please utilize the “Updated” staff report for your review of this case. The original staff report is still included as an attachment.
BACKGROUND:
• Petitioner/Property Owner: City of Ocala.
Key Points:
The petitioner is requesting to change the future land use designation for the subject property from High Residential (County) to Medium Intensity/Special District (City).
The subject property consist of two parcels totaling 39.33 acres, located within a Marion County enclave in the City of Ocala. Both parcels are designated for high-density residential use under County zoning (R-3, Multi-Family) and land use (High Residential, up to eight units/acre). Parcel 23311-000-00 is the site of the Timberland Apartments, developed in 1983 with 42 units located in eight buildings, while Parcel 23817-004-00 remains undeveloped with access from SW 53rd Avenue. The applicant acquired both properties in June 2020.
Zoning and Land Use Details:
For consideration of the future land use amendment, there are several key factors to consider:
• The proposed project provides the opportunity through concurrent applications (annexation) for the city to significantly reduce an existing enclave area, improving the efficiency of services.
• The density and nature of the project are consistent with the proposed Medium Intensity/Special District future land use, providing urban-level development of 11.67 units per acre.
• The proposed Medium Intensity/Special District future land use is consistent and compatible with surrounding properties to the west, south, and southeast.
The Medium Intensity/Special District future land use will promote a form-based approach for future development to facilitate a walkable urban development.
Planning & Zoning Commission:
At the June 9, 2025, meeting of the Planning and Zoning Commission, staff made one presentation outlining the future land use amendment request and other associated applications (annexation, PD Rezoning, and PD Plan and Standards Book). The Commission recommended approval to City Council for the future land use amendment with a vote of seven to zero.
FINDINGS AND CONCLUSIONS:
• The requested Medium Intensity/Special District future land use change is consistent and compatible with the surrounding area.
• This requested Medium Intensity/Special District future land use brings the property into compliance with Section 122-246(b) of the Code of Ordinances, by assigning a city future land use designation to the subject properties.
• City utilities are available at this location, and no level of service issues have been identified for public facilities.
• The requested amendment to change the land use to Medium Intensity/Special District from a Marion County designation of High Residential is consistent with the city’s comprehensive plan and land development regulations.
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
• Site Sketch
ORDINANCE 2025-39
AN ORDINANCE AMENDING THE CITY OF OCALA, FLORIDA, COMPREHENSIVE PLAN FUTURE LAND USE MAP SERIES AS REQUIRED IN SECTION 163.3161 THROUGH AND INCLUDING SECTION 163.3248, FLORIDA STATUTES; DETAILING THE FUTURE LAND USE CHANGE (CASE NO. LUC25-0001); AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM HIGH RESIDENTIAL (COUNTY) TO MEDIUM INTENSITY/SPECIAL DISTRICT (CITY) FOR PROPERTY LOCATED AT 2275 SW 53RD AVENUE ALONG WITH THE PROPERTY ADJACENT TO THE SOUTH (PARCELS 23817-004-00 AND 23311-000-00), APPROXIMATELY 39.33 ACRES; PROVIDING DIRECTION TO STAFF; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATION AT A PUBLIC HEARING; PROVIDING DIRECTION TO THE CODIFIER; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Legislature of the State of Florida adopted the Local Government Comprehensive Planning and Land Development Regulation Act of 1985, as contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, which required the City of Ocala, Florida, to prepare and adopt a comprehensive plan in accordance with the requirements of the said act; and
WHEREAS, the City of Ocala has prepared a comprehensive plan which meets the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act of 1985; and
WHEREAS, the City of Ocala on October 22, 1991, adopted this plan including a Future Land Use Element consisting of a land use map series; and
WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides for the amendment of an adopted plan or element or portion thereof; and
WHEREAS, on October 19, 2010, City Council adopted the Ocala 2035 Vision; and
WHEREAS, one of the strategies of the Ocala 2035 Vision was to initiate Comprehensive Plan Amendments (adopted on January 22, 2013) to be consistent with the Ocala 2035 Vision.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF OCALA, FLORIDA, in regular session, as follows:
Section 1. The City of Ocala Comprehensive Plan, Future Land Use Element and Map Series is hereby amended as required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida. The lands described below are hereby reclassified according to the City of Ocala Comprehensive Plan, Future Land Use Element as Medium Intensity/ Special District and the attached land use map is incorporated by reference into this ordinance:
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 33 FEET THEREOF.
ALSO, LESS AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF OCALA, A FLORIDA MUNICIPAL CORPORATION BY VIRTUE OF WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 4524, PAGE 1957, PUBLIC RECORDS OF MARION COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE SOUTH 89°24’45” EAST, ALONG THE SOUTH BOUNDARY OF THE SOUTHEAST 1/4 OF SAID SECTION 21, FOR A DISTANCE OF 659.98 FEET TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 21; THENCE NORTH 00°32’16” EAST, ALONG THE WEST BOUNDARY OF THE SAID EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, FOR A DISTANCE OF 1,265.35 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°32’16” EAST, ALONG SAID WEST BOUNDARY, FOR A DISTANCE OF 28.58 FEET TO A POINT ON THE EXISTING SOUTH RIGHT- OF-WAY LINE OF SW 20TH STREET, SAID POINT BEING 33.00 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE NORTH BOUNDARY OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 21; THENCE SOUTH 89°24’45” EAST, PARALLEL WITH THE SAID NORTH BOUNDARY, AND ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF SW 20TH STREET, FOR A DISTANCE OF 660.81 FEET TO A POINT ON THE EAST BOUNDARY OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 21, SAID POINT ALSO BEING THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH, AND HAVING FOR ITS ELEMENTS: A RADIUS OF 5,679.58 FEET, A CENTRAL ANGLE OF 03°25’02”, AND A CHORD DISTANCE OF 338.68 FEET BEARING SOUTH 88°47’42” WEST; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, FOR A DISTANCE OF 338.73 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 87°05’11” WEST FOR A DISTANCE OF 228.44 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTH, AND HAVING FOR ITS ELEMENTS: A RADIUS OF 5,779.58 FEET, A CENTRAL ANGLE OF 00°56’09”, AND A CHORD DISTANCE OF 94.39 FEET BEARING SOUTH 87°33’15” WEST; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, FOR A DISTANCE OF 94.39 FEET TO THE POINT OF BEGINNING.
AND
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA.
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 Future Land Use Map of the City of Ocala is hereby amended to reflect the change in land use from High Residential (County) to Medium Intensity/ Special District (City) 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.
Section 8. The effective date of this small-scale development amendment shall be 31 days after adoption, unless the amendment is challenged pursuant to Section 163.3187(5), F.S. If challenged, the effective date of the amendment shall be the date a final order is issued by the state land planning agency, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency, 107 East Madison Street, MSC 160, Tallahassee, Florida 32399-6545.
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: 2025-39
Introduced: 8/19/2025
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.