Submitted By: David Sablan
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Presentation By: Aubrey Hale
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Department: Growth Management
FORMAL TITLE:
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Public Hearing to transmit to the Florida Department of Commerce an amendment to the Future Land Use Element of the Comprehensive Plan and Introduction of Ordinance 2026-18 to change the Future Land Use designation of approximately 82.40 acres for property at 5575 SW 52nd Street (Parcel 23835-000-00) from High Residential (County) to Low Intensity (City) (Case LUC26-0001) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner/Property Owner: Ocala 52 Partners, LLC
• Agent: Tillman & Associates Engineering, LLC
Key Points:
As a result of a concurrent petition for annexation, the petitioner requests a change in the future land use designation for the subject property from High Residential (County) to Low Intensity (City) (LUC26-0001). The proposed change in land use designation must be submitted to the Florida Department of Commerce (Florida Commerce) for an expedited state review in accordance with F.S. 163.3184(3). The Florida Commerce review process requires state agency review before final consideration by the local government. The petitioner has submitted two concurrent petitions:
• Annexation into the city to facilitate future development of the site and connection to available city utilities (ANX26-0001)
• Rezoning to change the zoning from A-1 General Agriculture (County) to PD, Planned Development (City) (PD26-0001).
The applicant acquired the property in July of 2024, and it is approximately 82.40 acres. Currently, the subject property is not located within the Ocala city limits and is within the jurisdiction of Marion County. The property has the following current Marion County designations:
• Future Land Use: High Residential (up to 8/units per acre)
• Zoning: General Agriculture (A-1)
• Current Use: Agriculture
The subject property was formerly used for the mining of earth and other minerals until approximately 2022. As a result of the discontinuation of mining activities, FDEP has since issued a Release of Reclamation Obligations in recognition of reclamation activities completed since the mining activity ceased on the property. There are currently several small structures and a septic system on the property that must be removed prior to any further development of the site. At the southern end of the property, there is a ±6.7-acre lake, and at the northeasterly corner of the property, there is a ±16,000 square-foot pond. It is noted that the concurrently submitted zoning (PD) amendment indicates that both water bodies will be preserved and are integrated into the design of the PD as amenities and drainage retention areas.
Zoning and Land Use Details:
For consideration of the future land use amendment, there are several key factors to consider:
• Pursuant to Section 122-246 of the Code of Ordinances, upon annexation into the City, a future land use designation must be processed at the earliest available date.
• The density and nature of the project are consistent with the proposed Low Intensity future land use, providing urban-level development of 7.16 units per acre.
• The proposed Low Intensity future land use is consistent with other Low Intensity designations within the surrounding area.
FINDINGS AND CONCLUSIONS:
• This requested Low Intensity future land use is the result of annexation of the subject property, which requires a City future land use designation consistent with Section 122-246(b) of the Code of Ordinances and providing compliance with the Comprehensive Plan.
• The requested Low Intensity future land use change is compatible with and complementary to the adjacent Neighborhood and Low Intensity future land use designations within the surrounding area.
• City utilities are available at this location, and no level of service issues have been identified for public facilities, except for sanitary sewer. No sanitary sewer connections exist within the right-of-way of SW 52nd Street, and the nearest connection point is located to the north within the Fore Ranch development. Consistent with the conditions of annexation, connection to City public facilities will be required to develop the property.
• The requested amendment to change the land use from a Marion County designation of High Residential to the City’s Low Intensity future land use 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
ORDINANCE 2026-18
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP SERIES OF THE CITY OF OCALA, FLORIDA, COMPREHENSIVE PLAN AS REQUIRED IN SECTION 163.3161 THROUGH AND INCLUDING SECTION 163.3248, FLORIDA STATUTES; DETAILING THE FUTURE LAND USE CHANGE (CASE NO. LUC26-0001) INVOLVED AND TO AMEND THE FUTURE LAND USE MAP SERIES FROM HIGH RESIDENTIAL (COUNTY) TO LOW INTENSITY (CITY) FOR PROPERTY LOCATED AT 5575 SW 52ND STREET (PARCEL NUMBER 23835-000-00), APPROXIMATELY 82.40 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 Public and the attached land use map is incorporated by reference into this ordinance:
THE NE ¼ OF THE SW ¼ AND THE SE ¼ OF THE SW ¼ OF SECTION 33, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA. EXCEPT THE SOUTH 30 FEET FOR ROAD RIGHT-OF-WAY.
AND
THE WEST 1.5 CHAINS OF THE SW ¼ OF SE ¼ OF SECTION 33, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA.
BEING 82.40 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 Future Land Use Map of the City of Ocala is hereby amended to reflect the change in land use from Commercial (County) to Public (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 Ire Bethea, Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2026.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2026-18
Introduced: 6/2/2026
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.