Submitted By: Breah J. Miller, Planner II
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Presentation By: Endira Madraveren
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2025-7 to rezone approximately 30.49 acres for property located at 5019 West Highway 40 along with the parcel to the northwest (Parcels 23176-003-00 and 23180-000-00) from Wholesale Business (B-5) and No Zoning to Planned Development (PD) (Case PD24-45515) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Property Owner/Applicant: CHI Ocala Rancho, LLC
• Agent: Paolo Mastroserio, Mastroserio Engineering
Key Points:
The petitioner is requesting to rezone the subject property from No Zoning & B-5, Wholesale Business District, to PD, Planned Development, for the future development of 468 multi-family residential units, commercial and retail mixed-uses.
Zoning and Land Use Details:
The PD Plan proposes commercial uses along the frontage of West Highway 40 and will consist of a maximum of 5.54 acres. Multi-family residential is proposed on the rear 24.58 acres.
Planning & Zoning Commission:
The Planning & Zoning Commission asked staff to clarify whether one ingress/egress from West Highway 40 was also going to service the proposed commercial lots. Staff explained that there will be internal access between the commercial and residential lots within the PD. The applicant’s agent, Paolo Mastroserio, further clarified the location of the proposed access points. He also explained that staff had provided five conditions to the PD, and those changes were reflected in the Plan and Standards Book. The agent asked the Commission to extend the fifth condition timeframe from one year to 24 months. The Planning & Zoning Commission unanimously recommended approval by a 4-0 vote, revising the fifth condition.
FINDINGS AND CONCLUSIONS:
• The proposed rezoning is consistent with the Employment Center Future Land Use classification and land development regulations.
• The proposed rezoning is consistent with Section 122-940 - 122-949 requirements regarding the Planned Development zoning requirements.
• Objective 12 of the Future Land Use Comprehensive Plan states, “All development must have adequate services and facilities.” Adequate facilities exist within a 1/8-mile radius; future development will be required to extend services to the subject property.
• The commercial portion of the PD along West Highway 40 provides a transition and buffer to the proposed multi-family residential to the north.
• Staff has proposed conditions of approval to provide further mitigation to support the compatibility of the proposed multi-family portion of the PD to the area's surrounding commercial and industrial uses.
• Staff is recommending approval with the following five conditions:
1. Revision of the 25-foot setback to a 25-foot landscape buffer.
2. Replacement of vinyl-coated chain link fence with an opaque 6-foot fence.
3. Explicitly restricting access to one point of ingress/egress onto West Highway 40/West Silver Springs Boulevard by including language on the PD Plan and in the PD Standards Book.
4. Removing the inclusion of the potential for single-family residential development on Page 5 of the PD Standards Book.
5. Bringing all nonconforming uses, including but not limited to single-family residential and agricultural uses, into compliance within no less than 24 months of approval of the PD rezoning by City Council.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance will be reviewed by the City Attorney, William E. Sexton.
ALTERNATIVES:
• Approve with changes
• Deny
• Table
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Aerial Map
ORDINANCE 2025-7
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM NO ZONING AND B-5, WHOLESALE BUSINESS DISTRICT, TO PD, PLANNED DEVELOPMENT DISTRICT, FOR PROPERTY LOCATED AT 5019 W. HIGHWAY 40 ALONG WITH THE PARCEL TO THE NORTHWEST (PARCEL 23176-003-00 & 23180-000-00), APPROXIMATELY 30.49 ACRES (CASE NO. PD24-45515); 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:
PARCEL # 23176-003-00:
SEC 16 TWP 15 RGE 21 N 424.02 FT OF E 1/4 OF SE 1/4 OF NE 1/4
& PARCEL # 23180-000-00:
SEC 16 TWP 15 RGE 21 N 1/2 OF E 1/2 OF W1/2 OF SE 1/4 OF NE 1/4 & THAT PT OF S 1/2 OF E 1/2 OF W 1/2 OF SE 1/4 OF NE 1/4 LYING N OF SR 40 & W 1/4 OF SE 1/4 OF NE 1/4 N OF SR 40 & E 26 FT OF E 1/4 OF SW 1/4 OF NE 1/4 N OF SR 40 & W 1/2 OF E 1/2 OF SE 1/4 OF NE 1/4 EXC PT LYING S OF SR 40 & COM AT THE NE COR OF SEC TH N 89-39-03 W 1324.35 FT TH S 00-31-19 W 1325.46 FT TH N 89-38-36 W 26.02 FT TO THE POB TH CONT WLY 26.02 FT TH S 00-31-31 W 766.93 FT TO POC OF A TANGENT CURVE CONCAVE ELY HAVING A RADIUS OF 470.87 FT A CENTRAL ANGLE OF 11-35-35 A CHORD BEARING & DISTANCE S 05-10-10 E 95.12 FT TH ALONG ARC OF CURVE 95.28 FT TH S 11-04-07 E 81.66 FT TH N 00-31-31 E 941.61 FT TO THE POB EXC ROW FOR SR 40 (1918/0500) EXC LOT 1 CR OCALA (5825/22 & 5825/ 19) MORE PARTICULARLY DESC AS: COM AT THE INTERSECTION OF THE ELY ROW OF NW 52ND AVE & NLY ROW OF SR 40 TH N 44-08-05 W 34.38 FT TO POC OF A NON TANGENT CURVE CONCAVE WLY HAVING A RADIUS OF 570.87 FT A CHORD BEARING & DISTANCE OF N 07-02-32 W 92.32 FT TH NLY ALONG ARC OF CURVE THROUGH A CENTRAL ANGLE OF 09-16-34 AN ARC DISTANCE OF 92.42 FT TH N 11-38-09 W 202.43 FT TO POC OF A NON TANGENT CURVE CONCAVE ELY HAVING A RADIUS OF 470.87 FT A CHORD BEARING & DISTANCE OF N 11-00-18 W 9.24 FT TH NLY ALONG ARC OF CURVE THROUGH A CENTRAL ANGLE OF 01-07-29 AN ARC DISTANCE OF 9.24 FT TH S 88-55-35 E 151.38 FT TH S 01-09-41 W 37 FT TH S 87-03-14 E 91.81 FT TH S 02-19-46 W 285.56 FT TH N 87-39-53 W 152.95 FT TO THE POB
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 NO ZONING AND B-5, WHOLESALE BUSINESS DISTRICT, TO PD, PLANNED DEVELOPMENT DISTRICT, 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 or
b. The adoption of Resolution # _______________ related to the associated PD plan and standards book.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Barry Mansfield
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2024.
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.