Submitted By: Emily Johnson
presenter
Presentation By: Emily Johnson
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Ordinance to change the Future Land Use designation on approximately 74.11 acres comprised of nine parcels (Parcels 21492-000-00, 21477-000-00, 21474-002-00, 21476-000-00, 21474-000-00, 21474-001-00, 21480-000-00, 21494-000-00, and 21478-000-00) located in the 2300 block, along the west side of NW 27th Avenue from Medium Intensity/Special District to Employment Center (Case LUC25-0004) (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: Friends Recycling LLC
• Property Owner: Friends Recycling LLC & Friends Real Estate Holdings LLC
• Agent: Fred Roberts, Klein & Klein PLLC
Key Points:
The petitioner is requesting to change the future land use designation for the subject property from Medium Intensity/Special District to Employment Center for consistency with existing zoning and the active Construction & Demolition (C&D) landfill and materials recovery facility (MRF) uses.
The subject properties consist of nine parcels totaling 74.11 acres. The subject properties were designated as Medium Intensity/Special District to encourage redevelopment efforts following the adoption of the 2035 Vision. Subsequently, there have been additional agreements, property acquisitions, permit extensions, and amendments to the code which allow for the continued operation and increased expansion potential of the existing facility including:
• A chapter 163 development agreement on the site limiting height while increasing buffering;
• Purchase of additional properties to allow for greater expansion of the use;
• Land development regulation amendments to establish regulations for a MRF and C&D landfill; and
• Extension of the FDEP permit.
The proposed amendment will be transmitted to the Florida Department of Commerce (FLCommerce) for an expedited state review consistent with F.S. 163.3184(3).
Zoning and Land Use Details:
For consideration of the future land use amendment, there are several key factors to consider:
• The C&D landfill and MRF uses have existed on site since the early 1990s.
• The intensity and nature of the existing facility are incompatible with the intention of the current Medium Intensity/Special District land use.
• The proposed Employment Center future land use is more consistent with the existing M-1 and M-2 zoning districts, and the existing C&D landfill and MRF uses.
• The proposed Employment Center future land use is consistent with nearby development to the west as part of the Ocala-Marion County Commerce Park.
• The existing C&D landfill and MRF are already serviced by city utilities.
FINDINGS AND CONCLUSIONS:
• The requested Employment Center Future Land Use category is more compatible with the high-impact industrial uses of the existing Construction & Demolition landfill and Materials Recovery Facility.
• The 2035 Vision and West Ocala Vision envisioned redevelopment within the area, but recent efforts have shifted east, making a mixed-use commercial node at this location less feasible.
• The requested future land use amendment is more consistent with the current and anticipated use of the properties and nearby developments like the Ocala-Marion County Commerce Park.
• City utilities are available at this location, and no level of service issues have been identified for public facilities.
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
• Site Sketch
ORDINANCE 2025-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. LUC25-0005); AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM INTENSITY/SPECIAL DISTRICT TO EMPLOYMENT CENTER FOR PROPERTY LOCATED IN THE 2300 BLOCK, ALONG THE WEST SIDE OF NW 27TH AVENUE (PARCELS 21492-000-00, 21477-000-00, 21474-002-00, 21476-000-00, 21474-000-00, 21474-001-00, 21480-000-00, 21494-000-00, AND 21478-000-00), APPROXIMATELY 74.11 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 Employment Center and the attached land use map is incorporated by reference into this ordinance:
21477-000-00
A PORTION OF THE NORTH ½ OF THE SE 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID NORTH ½; THENCE N. 89°59’48”W., ALONG THE NORTH BOUNDARY OF SAID NORTH ½ A DISTANCE OF 1491.54 FEET; THENCE DEPARTING SAID NORTH BOUNDARY, S. 00°07’34”W., 464.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S.00°07’34”W., 436.68 FEET; THENCE S. 89°48’04” E., 1114.26 FEET; THENCE N. 00°13’14” W., 440.49 FEET; THENCE N.89°59’48”W. 1111.60 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT ANY PORTION OF THE ABOVE DESCRIBED PROPERTY LYING WITHIN THE BOUNDARY OF LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 3907, PAGE 1159.
21474-002-00
THE SOUTH 420 FEET OF THE EAST 420 FEET OF THE NORTH 1/2 OF SE 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, EXCEPT ROAD RIGHT OF WAY ON THE EAST BOUNDARY.
21476-000-00
A PORTION OF THE NORTH 1/2 OF THE SE 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID NORTH 1/2; THENCE N. 89°59'48" W., ALONG THE NORTH BOUNDARY OF SAID NORTH 1/2, A DISTANCE OF 1491.54 FEET; THENCE DEPARTING SAID NORTH BOUNDARY, S. 00°07'34" W., 25.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF N.W. 28TH STREET, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT OF WAY LINE, CONTINUE S. 00°07'34" W., 439.63 FEET; THENCE S. 89°59'48" E., 1111.60 FEET; THENCE N. 00°13'14"' W., 439.63 FEET TO A POINT ON THE AFOREMENTIONED SOUTH RIGHT OF WAY LINE; THENCE N. 89°59'48" W., ALONG SAID RIGHT OF WAY LINE, 1108.94 FEET TO THE POINT OF BEGINNING.
ALL LYING AND BEING IN MARION COUNTY, FLORIDA.
21474-000-00
COMMENCE AT THE NORTHEAST CORNER OF NORTH 1/2 OF SE 1/4, SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, THENCE SOUTH 452.86 FEET, THENCE WEST 382.58 FEET, THENCE NORTH 452.33 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID NORTH 1/2 OF SE 1/4, THENCE EAST 382.58 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THOSE PORTIONS CONVEYED TO THE CITY OF OCALA IN BOOK 928, PAGE 194 AND IN BOOK 990, PAGE 994, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
21474-001-00
COMMENCING AT A POINT 420 FEET NORTH OF THE SE CORNER OF THE NORTH 1/2 OF THE SE 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, THENCE NORTH 452.86 FEET. THENCE WEST 382.58 FEET; THENCE SOUTH 452.33 FEET MORE OR LESS TO A POINT WHICH IS 420 FEET NORTH FROM THE SOUTH LINE OF SAID NORTH 1/2 OF THE SE 1/4; THENCE EAST 382.58 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE EAST 30 FEET THEREOF FOR ROAD RIGHT OF WAY.
AND
LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
COMMENCING AT THE SE CORNER OF THE NORTH 1/2 OF THE SE 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, THENCE NORTH ALONG THE EAST LINE OF SAID NORTH 1/2 OF THE SE 1/4 664.15 FEET; THENCE WEST 30.00 FEET TO THE WEST RIGHT OF WAY LINE OF A PUBLIC ROAD AND THE POINT OF BEGINNING; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE 208.71 FEET; THENCE WEST 178.71 FEET; THENCE SOUTH 208.71 FEET; THENCE EAST 178.71 FEET TO THE POINT OF BEGINNING.
21480-000-00
COMMENCE 420 FEET WEST OF SE CORNER OF THE NE 1/4 OF THE SE 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE WEST 1050 FEET, NORTH 420 FEET, EAST 1050 FEET, SOUTH 420 FEET TO THE POINT OF BEGINNING. AND THE NORTH 50 FEET OF THE EAST 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, EXCEPT THE ROAD RIGHT OF WAY ON THE EAST BOUNDARY.
21494-000-00
THE NORTH 670.35 FEET OF THE WEST 1/2 OF THE SE 1/4 OF THE SE 1/4 AND THE NORTH 670.35 FEET OF THE EAST 1/2 OF THE SW 1/4 OF THE SE 1/4, EXCEPT THE WEST 25 FEET THEREOF, ALL LYING AND BEING IN SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA.
AND
THE EAST 40 FEET OF THE WEST 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; EXCEPT THE NORTH 670.35 FEET AND EXCEPT THE SOUTH 25 FEET THEREOF.
21478-000-00
COMMENCING AT A POINT 1491.54 WEST OF THE NE CORNER OF NORTH 1/2 OF SE 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, THENCE RUN SOUTH PARALLEL WITH THE EAST BOUNDARY OF SECTION, 901.4 FEET; THENCE EAST 21.54 FEET; THENCE SOUTH 420 FEET TO SOUTH BOUNDARY OF NORTH 1/2 OF SE 1/4; THENCE WEST 393.95 FEET; THENCE NORTH 1320.31 FEET TO THE NORTH BOUNDARY LINE OF NORTH 1/2 OF SE 1/4; THENCE EAST 372.41 FEET TO THE POINT OF BEGINNING. EXCEPT THE NORTH 25 FEET THEREOF FOR ROAD AND LESS AND EXCEPT: BEGIN AT THE NORTHWEST CORNER OF THE AFOREDESCRIBED LANDS THENCE S.89 DEGREES 3113"E., PARALLEL WITH THE NORTH BOUNDARY LINE OF THE NORTH 1/2 OF SE 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, A DISTANCE OF 125.00 FEET; THENCE S.18 DEGREES 31'43"W., A DISTANCE OF 404.46 FEET TO THE SOUTHEAST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1086, PAGE 1661 AND 1662, PUBLIC RECORDS OF MARION COUNTY, FLORIDA, BEING A POINT ON THE WEST BOUNDARY LINE OF THE AFOREDESCRIBED LANDS IN OFFICIAL RECORDS BOOK 3022, PAGE 1585 AND 1586; THENCE N. 00 DEGREES 31'35"E., ALONG WEST BOUNDARY LINE, A DISTANCE OF 384.56 FEET TO THE POINT OF BEGINNING.
AND
COMMENCE AT THE NE CORNER OF THE NORTH 1/2 OF THE SE 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, THENCE N. 89 DEGREES 59'48"W. ALONG THE NORTH BOUNDARY OF THE NORTH 1/2 OF SAID SE 1/4, 1491.54 FEET; THENCE DEPARTING SAID NORTH BOUNDARY S. 00 DEGREES 07'34"W., 901.31 FEET; THENCE N. 89 DEGREES 44'05"E., 20.49 FEET TO THE POINT OF BEGINNING; THENCE S. 25 DEGREES 42'45" E., 3.54 FEET; THENCE S. 00 DEGREES 16'57"W., 420.95 FEET TO THE POINT ON THE SOUTH BOUNDARY OF THE NORTH 1/2 OF SAID SE 1/4; THENCE DEPARTING SAID SOUTH BOUNDARY, N.00 DEGREES 04'22"E., 424.14 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT WATER RETENTION AREA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, FURTHER DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 2; THENCE RUN N. 89 DEGREES 31'13"W., ALONG THE NORTH LINE THEREOF, A DISTANCE OF 1491.54 FEET; THENCE DEPARTING SAID NORTH LINE RUN S.00 DEGREES 31'35"W., A DISTANCE OF 25.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF N.W. 28TH STREET AND THE POINT OF BEGINNING; SAID POINT OF BEGINNING, BEING THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 3022, PAGE 1585, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID RIGHT OF WAY LINE, CONTINUE S. 00 DEGREES31'35"W., ALONG SAID PARCEL, A DISTANCE OF 140.56 FEET; THENCE DEPARTING SAID PARCEL RUN N. 89 DEGREES 31'13"W., A DISTANCE OF 203.56 FEET; THENCE S. 00 DEGREES 31'35"W., 56.46 FEET; THENCE N. 89 DEGREES 31'13"W., 107.89 FEET TO THE EASTERLY RIGHT OF WAY LINE OF N.W. 31ST AVENUE; THENCE N. 18 DEGREES 31'43"E., ALONG SAID LINE, A DISTANCE OF 207.22 FEET TO A POINT ON THE AFOREMENTIONED SOUTHERLY RIGHT OF WAY LINE OF NW 28TH STREET; THENCE RUN S. 89 DEGREES 31'13"E., ALONG SAID LINE A DISTANCE OF 247.41 FEET TO THE POINT OF BEGINNING.
21492-000-00
THE EAST 1/2 OF THE SE 1/4 OF THE SE 1/4 IN SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; EXCEPT THE SOUTH 25 FEET, THE EAST 30 FEET AND THE NORTH 50 THEREOF AND EXCEPT ROAD RIGHT OF WAY DEEDED TO MARION COUNTY BY DEED DATED JUNE 13, 1955 AND RECORDED IN DEED BOOK 333, PAGE 14, PUBLIC RECORDS OF MARION COUNTY, FLORIDA; TOGETHER WITH THAT CERTAIN GRANT OF EASEMENT DATED JULY 6, 1988, AND RECORDED IN OFFICIAL RECORDS BOOK 1513, PAGE 1005, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: THE WEST 300 FEET OF THE SOUTH 525 FEET OF THE EAST 1/2 OF THE SE 1/4 OF THE SE 1/4 IN SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 25 FEET THEREOF FOR ROAD RIGHT OF WAY.
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 Medium Intensity/Special District to Employment Center 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 large-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-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.