Submitted By: Breah J Miller
presenter
Presentation By: Breah J Miller
end
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Ordinance to change the Future Land Use designation from Neighborhood to Low Intensity, for property located in the 2800 block of SW 20th Street (Parcel 23472-003-00, 23472-002-00, and a portion of 23472-001-00), approximately 4.88 acres (Case LUC26-0004) (Quasi-Judicial)
end
OCALA’S RELEVANT STRATEGIC GOALS:
Operational Excellence.
PROOF OF PUBLICATION:
N/A
body
BACKGROUND:
• Petitioner and Property Owner: Z & T Partners, LLC and CLD Properties, LTD
Key Points:
The applicant is requesting to change the Future Land Use designation from Neighborhood to Low Intensity to establish consistency with the existing B-2, Community Business zoning district.
Zoning and Land Use Factors for Consideration:
• The subject properties associated with this request include Parcels 23472-003-00, 23472-001-00, and 23472-002-00.
• All three properties were annexed into the City limits in 1975.
• Parcel 23472-003-00 encompasses approximately 1.54 acres and was developed approximately ten years following annexation as part of the first phase of the Too Your Health Spa shopping plaza.
• Parcel 23472-001-00 encompasses approximately 1.54 acres and contains a portion of the existing Too Your Health Spa shopping plaza.
• Parcel 23472-001-00 is currently split-zoned, with the portion associated with this request zoned B-2, Community Business, and the remaining approximately 1.35-acre portion zoned R-3, Residential District.
• In 2001, the B-2 portion of Parcel 23472-001-00 was developed with a multi-use commercial complex, including an outdoor swimming pool and obstacle course associated with Too Your Health Spa.
• A concurrent rezoning application from R-3, Multi-Family Residential to INST, Institutional has been submitted for the undeveloped portion of Parcel 23472-001-00 and Parcel 23472-004-00.
• Parcel 23472-002-00 encompasses approximately 1.54 acres and shares common ownership with the adjacent Kangaroo gas station property located to the east.
• Parcel 23472-002-00 currently contains a donation box servicing the adjacent Kangaroo gas station and is otherwise undeveloped.
• The subject properties are currently zoned B-2, Community Business, which is intended to accommodate community-serving commercial uses including retail sales, personal and business services, and office uses.
• The Neighborhood Future Land Use designation allows a maximum density of five dwelling units per acre for single-family development, up to 12 dwelling units per acre for multi-family development, and a maximum floor area ratio (FAR) of 0.25. The proposed Low Intensity Future Land Use has a minimum density and intensity of three dwelling units per acre or 0.00 FAR with maximums of 18 dwelling units per acre or 0.75 FAR.
FINDINGS AND CONCLUSIONS:
• The requested Low Intensity Future Land Use designation is consistent with the existing commercial development pattern along SW 20th Street.
• The proposed amendment establishes consistency between the existing B-2 zoning district and the Future Land Use Map.
• The request supports the established commercial corridor and surrounding Low Intensity development pattern.
• The proposed amendment is consistent with the applicable goals, objectives, and policies of the Comprehensive Plan.
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:
• P&Z Staff Report
• Case Map
• Aerial Map
ORDINANCE 2026-XX
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. LUC26-0004); AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM NEIGHBORHOOD TO LOW INTENSITY FOR PROPERTY LOCATED IN THE 2800 BLOCK OF SW 20TH STREET (PARCEL 23472-003-00, 23472-002-00, AND A PORTION OF 23472-001-00), APPROXIMATELY 4.88 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 is incorporated by reference into this ordinance:
Parcel NO. 23472-003-00:
THE SOUTH 37 FEET OF PARCEL 1 AND BEING A PORTION OF PARCEL 2 LYING NORTH OF S.W. 20TH STREET (RIGHT OF WAY WIDTH VARIES}, SWEETHAVEN 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT X, PAGE 110 OF THE PUBLIC RECORDS OF MARION COUNTY,FLORIDA, SAID LANDS BEING A PORTION OF THE S.W. 1/4 OF THE N.E. 1/4 OF THE S.E. 1/4 OF SECTION 23, TOWNSHIP 15 SOUTH, RANGE 21 EAST MARION COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT ON THE WEST BOUNDARY OF THE EAST 190 FEET OF THE S.W. 1/4 OF THE N.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 23, SAID POINT ALSO BEING THE N.E. CORNER OF SAID SWEETHAVEN 1; THENCE ALONG SAID WEST BOUNDARY AND ALONG THE EAST BOUNDARY OF SAID SWEETHAVEN 1, S.00°331l611W., A DISTANCE OF 225.50 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE ALONG THE WEST BOUNDARY OF THE EAST 190 FEET OF THE S.W. 1/4 OF THE N.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 23 AND ALONG THE EAST BOUNDARY OF SAID SWEETHAVEN 1, S.00°331l611W., A DISTANCE OF 388.88 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF AFOREMENTIONED S.W. 20TH STREET; THENCE DEPARTING THE WEST BOUNDARY OF THE EAST 190 FEET OF THE S.W. 1/4 OF THE N.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 23 AND THE EAST BOUNDARY OF SAID SWEETHAVEN 1, ALONG SAID NORTH RIGHT OF WAY LINE, N.89°22'48"W., A DISTANCE OF 165.72 FEET TO THE WEST BOUNDARY OF SAID SWEETHAVEN 1; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, ALONG SAID WEST BOUNDAY, N.00°31'37"E., A DISTANCE OF 389.05 FEET TO A POINT ON THE NORTH BOUNDARY OF THE SOUTH 37 FEET OF AFOREMENTIONED PARCEL 1 OF SAID SWEETHAVEN 1; THENCE DEPARTING SAID WEST BOUNDARY, ALONG SAID NORTH BOUNDARY, S.89°1910911 E., A DISTANCE OF 165.91 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 1.48 ACRES, MORE OR LESS.
Parcel NO. 23472-001-00 (Southern Portion):
COMMENCE AT THE N.E. CORNER OF THE S.W. 1/4 OF THE N.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 23, SAID POINT ALSO BEING THE S.E. CORNER OF THE N.W. 1/4 OF THE N.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 23; THENCE ALONG THE EAST BOUNDARY OF THE S.W. 1/4 OF THE N.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 23, S.00°30'32"W., A DISTANCE OF 225.39 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE ALONG SAID EAST BOUNDARY, S.00°30'32"W., A DISTANCE OF 389.14 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF S.W. 20TH STREET (RIGHT OF WAY WIDTH VARIES); THENCE DEPARTING SAID EAST BOUNDARY, ALONG SAID NORTH RIGHT OF WAY LINE, N.89°14'29"W., A DISTANCE OF 190.42 FEET TO A
POINT ON THE WEST BOUNDARY OF THE EAST 190 FEET OF THE S.W. 1/4 OF THE N.E. 1/4 OF THE S.E. 1/4 OF ~AID SECTION 23; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, ALONG SAID WEST BOUNDARY, N.00°33'16"E., A DISTANCE OF 388.88 FEET; THENCE DEPARTING SAID WEST BOUNDARY, S.89°19'09"E., A DISTANCE OF 190.11 FEET TO THE POINTOF BEGINNING. SAID LANDS CONTAINING 1.70 ACRES, MORE OR LESS
Parcel NO. 23472-002-00:
COMMENCE AT THE S.E. CORNER OF THE N.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 23; THENCE ALONG THE SOUTH BOUNDARY OF THE N.E. 1/4 OF THE S.E. 1/4 OF SAID
SECTION 23, N.89°15'08"W., A DISTANCE OF 300.91 FEET; THENCE DEPARTING SAID
SOUTH BOUNDARY, N.00°58'16"E., A DISTANCE OF 49.43 FEET TO A POINT ON THE
NORTH RIGHT OF WAY LINE OF S.W. 20TH STREET (BEING A 100 FOOT RIGHT OF WAY), SAID POINT ALSO BEING THE POINT OF BEGINNING. THENCE ALONG SAID NORTH RIGHT OF WAY LINE, N.89°19'28"W., A DISTANCE OF 363.65 FEET TO THE S.E. CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4969, PAGE 61 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, ALONG THE EAST BOUNDARY OF SAID LANDS, N.00°27'35"E., A DISTANCE OF 178. 70 FEET TO THE S.W. CORNER OF A CITY OF OCALA WATER RETENTION AREA; THENCE DEPARTING THE EAST BOUNDARY OF SAID LANDS, ALONG THE SOUTH BOUNDARY OF SAID WATER RETENTION AREA, S.89°18'36"E., A DISTANCE OF 365.25 FEET; THENCE DEPARTING SAID SOUTH BOUNDARY, S.00°58'16"W., A DISTANCE OF 178.61 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 1.49 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 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. 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 J. 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-XX
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.