Submitted By: Emily W. Johnson, AICP
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Presentation By: Aubrey Hale
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Approve a request to amend the Chapter 163 Development Agreement, dated September 14, 2021, and recorded in Official Records Book 7570, Page 306, which relates to the operation and development of the subject properties as a C&D Landfill (Friends Recycling) on approximately 74.94 acres of property located at 2350 NW 27th Avenue, Parcel Numbers 21476-000-00, 21478-000-00, 21477-000-00, 21480-000-00, 21494-000-00, 21474-002-00, 21474-001-00, and 21474-000-00 (DMA23-45468). This is the second of two public hearings. The first public hearing was held at the Planning and Zoning Commission Board meeting on January 8, 2024
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
December 22, 2023, and January 5, 2024.
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BACKGROUND:
• Petitioner: Friends Recycling LLC
• Property Owner: Friends Recycling LLC & Friends Real Estate Holdings LLC
• Agent: Austin Dailey, Esq., Klein & Klein LLC
The Petitioner has submitted a request to amend the Chapter 163 Development Agreement, dated September 14, 2021, and recorded in Official Records Book 7570, Page 306, which relates to the operation and development of the subject properties as a Construction and Demolition (C&D) Landfill. The proposed amendments include the future dedication of a 15 foot right-of-way along NW 28th Street to the City; and the replacement of Exhibits B, C-1, C-2, and C-3 which will effectively increase the C&D Landfill portion of the property from approximately 48.36 to 54.14 acres, increase the drainage retention area from 2.27 to 2.43 acres, and decrease the perimeter vegetative buffer width from 300 to 150 feet (decreasing the total buffer acreage from 17.54 to 11.12 acres). The remainder of the restricted use areas and all other terms of the original Development Agreement are to remain the same.
The Petitioner has provided elevation graphics for the existing vegetative buffer which analyze the average elevation and eye level of the surrounding properties and has demonstrated that the vertical visibility proffered by the height and density of the vegetation is sufficient to maintain the C&D landfill use buffer at a reduced width of 150-feet.
The Planning & Zoning Commission recommended approval of the requested amendment by a vote of 4-0 at its January 8, 2024 hearing.
FINDINGS AND CONCLUSIONS:
The revised agreement addresses the right-of-way dedication, the landfill operation and development area, buffer width, and onsite drainage retention area. The proposed amendments effectuate a non-substantial change to the original Development Agreement. The Petitioner has provided documentation to supplement the application demonstrating that reduction of the vegetative buffer width will not diminish the visible abatement proffered by the vegetative buffer to surrounding properties. Staff recommends approval of the proposed amendment to the Chapter 163 Development Agreement.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A.
LEGAL REVIEW: This Agreement will be reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Table
• Deny