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Ocala council approves land swap, PD rezoning and related amendments for NE 40th Avenue/Silver Springs Boulevard project

5399193 · July 15, 2025
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Summary

Council approved a package of six related land-use actions — a development agreement amendment, right-of-way abrogation, future land-use and zoning map changes and PD standards — to allow a unified planned development that includes commercial and residential uses and a land swap between two property owners.

Ocala City Council approved six related land-use items on July 15 that together clear the way for a planned development around Northeast 40th Avenue and East Silver Springs Boulevard, including a land swap intended to expand parking for the restaurant known in the record as Mojo’s.

Growth Management Director Jeff Schrum told the council the applications involve two property owners — New Old Town Village LLC and NSC Silver Springs LLC — and proposed swapping a 0.46-acre parcel from New Old Town Village and adding a 0.59-acre parcel into the same 163 development agreement. Schrum said the amendment also would remove a cross-access restriction to allow shared access between the parcels as the properties redevelop.

The council approved an abrogation of a roughly 180-foot portion of Northeast 40 Seventh Court at the request of the property owner, with provisions to return certain access to the city for utility maintenance. The council also adopted a future land-use amendment (case LUC23-45427) to change about 0.78 acres from “neighborhood” to “low intensity,” and approved two zoning ordinances and a PD plan package (case PD23-45431) to unify roughly 6.883 acres under a planned development designation. A separate rezoning (case ZON23-45419) was adopted to convert roughly 0.59 acres to B-2 community business zoning.

Jeff Schrum and Senior Planner Emily Johnson described key PD standards recommended by staff: a 0.75 maximum floor-area ratio (FAR) for the commercial portion (up to roughly 136,000 square feet), residential density set with a minimum of 3 dwelling units per acre and a maximum of 18 dwelling units per acre (47 dwelling units total at the top end), at least 25% open space, and a maximum building height of 50 feet. Staff recommended that residential density be applied to a 2.66-acre portion of the site and commercial intensity to a 4.17-acre portion; any substantial mixing of commercial and residential intensity across those parcels would require a future amendment. Schrum also read staff conditions into the record: all outparcel access must be internal to the PD; access to Silver Springs Boulevard must coordinate with the Florida Department of Transportation and be supported by a traffic impact analysis; and signage, trash and architectural standards in the PD must conform to specified code sections.

Applicant representative Jimmy Gooding told council the land swap and rezoning would help Mojo’s with parking and provide better frontage for an adjoining commercial developer; Gooding said the proposed PD reduced conflicts between commercial and nearby residences by placing residential uses adjacent to residential areas and commercial uses where appropriate. In response to a council question, Gooding confirmed the PD documents do not include an affordable-housing component.

Planning staff and the Planning and Zoning Commission recommended approval of all six items. Council members voted in favor of each ordinance and resolution during roll-call votes; the transcript records approval by the members present on each vote.

The council’s approvals include: amending the existing Chapter 163 development agreement, abrogating the segment of right-of-way on NE 40 Seventh Court, adopting the future land-use amendment, rezoning properties to PD and B-2 as described, and adopting PD standards and a PD book that will govern future development unless amended by the council.

Staff said next steps include coordination with FDOT on driveway location, submission of required traffic analysis, and compliance with the PD’s conditions if the property owners proceed to development.