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 2025-30 to rezone approximately 6.83 acres 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) from PD, Planned Development, R-1, Single-Family Residential, & B-2, Community Business, to PD, Planned Development (Case PD23-45431) (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 and New Old Town Village, LLC
Key Points & Associated Concurrent Applications:
• 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).
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 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 5 -0 to recommend approval with 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 building 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 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, and 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
ORDINANCE 2025-30
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING FROM PD, PLANNED DEVELOPMENT, R-1, SINGLE-FAMILY RESIDENTIAL, & B-2, COMMUNITY BUSINESS, TO PD, PLANNED DEVELOPMENT, FOR THE 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); 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 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 AS RECORDED 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, 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 50 FOOT RIGHT OF WAY), 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, SOUTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY AND ARC OF SAID CURVE, A DISTANCE OF 221.52 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 124.24 FEET, A CENTRAL ANGLE 34°54'57" AND CHORD BEARING AND DISTANCE OF S.50°25'07"E., 74.55 FEET; THENCE CONTINUE SOUTHEASTERLY ALONG SAID RIGHT OF WAY AND THE ARC OF SAID CURVE, A DISTANCE OF 75.71 FEET TO THE END OF SAID CURVE; THENCE CONTINUE ALONG SAID RIGHT OF WAY, S.36°02'23"E, A DISTANCE OF 132.85 FEET TO THE S.E. CORNER OF THE AFOREMENTIONED LOT 17, BLOCK F OF GLYNNWOOD UNIT ONE; THENCE DEPARTING SAID RIGHT OF WAY, 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.
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, R-1, Single-Family Residential, & B-2, Community Business, to PD, Planned Development, 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. The effective date of Ordinance 2025-____ approving future land use change Case No. LUC23-45427;
c. Ordinance 25-____, rezoning property pursuant to Case No. ZON23-45419, becoming effective; or
d. The date that NSC Silver Springs, LLC acquires title to the portion of Marion County Tax Parcel ID # 27028-004-03(currently owned by New Old Town Village, LLC) for the portion of the real property described in Section 1 of this Ordinance not currently owned by NSC Silver Springs, 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: 2025-30
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.