Submitted By: Emily W. Johnson, AICP
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Presentation By: Jeff Shrum
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Public Hearing to consider a resolution for a PD Plan and Standards Book 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), approximately 6.83 acres (Case No. 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:
The two property owners have arranged a mutually beneficial agreement to transfer property between their respective developments. As a result, there are six proposed petitions to facilitate their future development intentions, which includes the exchange of portions of their properties. The associated concurrent petitions are as follows:
• 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 Planned Development (PD23-45431) requests to allow 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).
• 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.
• 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.
• 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 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.
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 have 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 uses 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
• PD Plan
• PD Standards Book
RESOLUTION 2025-XX
A RESOLUTION APPROVING A PLANNED DEVELOPMENT (PD) PLAN AND ASSOCIATED PD STANDARDS BOOK (NSC SILVER SPRINGS PD) 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), APPROXIMATELY 6.83 ACRES (CASE NO. PD23-45431).
Whereas, NSC Silver Springs, LLC submits a PD plan (Case PD23-45431) for property located at the southwestern corner of the intersection at NE 49th Avenue and E Silver Springs Boulevard, approximately 6.83 acres to allow for the development of a mixed-use commercial and residential subdivision; and
Whereas, as an associated Ordinance _________ amends the zoning map of the City of Ocala changing parcels 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; and
Whereas, on _________, 2025, the Planning and Zoning Commission recommended approval of the applicant’s request by a ______________ vote.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session, as follows:
1. The City of Ocala does hereby approve the NSC Silver Springs PD plan (Exhibit “A”) and PD standards book (Exhibit “B”).
2. The effective date for this resolution will be _______________, 2025.
3. The approved PD plan and associated PD standards book shall apply to the following described land located in Ocala, Marion County, Florida, to wit:
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 ANO 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 115.00 FEET, A CENTRAL ANGLE 37°49'24" 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 75.92 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 AFOREMENTION£D 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.
4. A certified copy of the Resolution shall be recorded by the Clerk of the City of Ocala in the public records of Marion County, Florida.
This resolution adopted this ______ day of ______________________, 2025.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Kristen M. Dreyer
City Clerk President, Ocala City Council
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney