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 2024-29 to change the Future Land Use designation on approximately 0.78 acres for property located in the 1900 block of NE 49th Avenue (Parcels 2735-006-017 and 2735-009-002) from Neighborhood to Low Intensity (Case LUC23-45427) (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/Property Owner: NSC Silver Springs, LLC
Key Points:
• Future Land Use Map Amendment (LUC23-45427), Applicant NSC Silver Springs LLC. - 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.
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), Applicants NSC Silver Springs LLC. and New Old Town Village LLC. - 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), Applicant NSC Silver Springs LLC. - 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), Applicant NSC Silver Springs LLC. - 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), 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.
• 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), Applicants NSC Silver Springs LLC. and New Old Town Village LLC. - 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 proposed land use change to the Planning and Zoning Commission at the meeting on May 12, 2025. There were no questions or further discussion from the commission. The commission voted 5-0 to recommend approval.
FINDINGS AND CONCLUSIONS:
• The purpose of the requested future land use map amendment is to allow for the development of commercial uses and to standardize the Future Land Use designation across the entire Planned Development.
• Unifying the underlying Future Land Use Category for the whole Planned Development will allow for a more consistent application of land use and intensity.
• City utilities are available at this location, and no Level of Service issues have been identified for public facilities as a result of the 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 2025-29
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. LUC23-45427); AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM NEIGHBORHOOD TO LOW INTENSITY FOR PROPERTY LOCATED IN THE 1900 BLOCK OF NE 49TH AVENUE (PARCELS 22735-006-017 AND 2735-009-002), APPROXIMATELY 0.78 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 accord 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 Low Intensity and the attached land use map, dated May 12, 2025, is incorporated by reference into this ordinance:
LOT 2, BLOCK I, GLYNNWOOD UNIT 1, AS PER PLAT THEREOF RECORDED IN PLAT BOOK G, PAGE 091, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
AND
LOT 17, BLOCK F, GLYNNWOOD UNIT 1, AS PER PLAT THEREOF RECORDED IN PLAT BOOK G, PAGE 91, OF THE PUBLIC RECORDS OF 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 Neighborhood to Low Intensity 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. 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: 2025-29
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.