Submitted By: David Sablan, Planner II
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Presentation By: Endira Madraveren
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Department: Growth Management
FORMAL TITLE:
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A public hearing requesting the termination of an existing developer’s agreement recorded in Book 5069, Pages 323-334 (Parcel 23320-005-05)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Applicant/Owner: Valentin Jimenez
• Agent: David Dinkins, Davis Dinkins Engineering, P.A.
Key Points:
The applicant requests termination of a developer’s agreement recorded for the subject property (Book 5069, Pages 323-334) that restricts the permitted principal uses on the property.
The owner/applicant has submitted a concurrent application to rezone Parcel 23320-005-05, totaling 2.80 acres, from B-1A, Limited Neighborhood Business, to B-1, Neighborhood Business.
The subject property was annexed into the City in 1997 but was not given a zoning designation until 2008. In 2007, the then-owner applied to rezone the subject property to M-1, Light Industrial, but later amended the application to B-1A, Limited Neighborhood Commercial. The applicant offered the subject developer’s agreement to prohibit alcohol beverage establishments, thereby mitigating the impacts of the requested rezoning.
In 2009, the City approved a Code of Ordinances revision amending the B-1A zoning district. These amendments eliminated architectural review requirements for principal permitted uses, but required them for special exception requests, and allowed church/place of worship as a principal permitted use instead of requiring a special exception.
FINDINGS AND CONCLUSIONS:
• Termination of the developer’s agreement will:
o Reclassify church and day care uses as permitted principal uses that no longer require a special exception.
o Reclassify alcohol beverage establishments as permitted principal uses that are no longer prohibited.
• If the property is rezoned from B-1A to B-1, the restrictions of the developer’s agreement would appear to be inconsistent with the nature and intent of the B-1 zoning district.
• In 2009, the City amended the Code of Ordinances to reclassify church/place of worship uses as permitted by right in the B-1A zoning district, citing a lack of neighborhood opposition and the ability to address impacts through the site plan review process.
• A modification or termination of the developer’s agreement is appropriate prior to rezoning the subject property. The description of permitted and prohibited uses within the developer’s agreement supersedes the property’s zoning district.
The Planning & Zoning Commission held a public hearing on September 14, 2026. It approved both the termination of the developer’s agreement and the rezoning ordinance by a vote of four to zero.
Staff recommends approval.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
This Agreement will be reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with Changes
• Table
• Deny
SUPPORT MATERIALS:
• Staff Report
• Developer’s Agreement (recorded in Book 5069, Pages 323-334)
• Case Map
• Aerial Map