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File #: ORD-2026-2   
Type: Ordinance Status: Agenda Ready
File created: 10/21/2025 In control: City Council
On agenda: 11/18/2025 Final action:
Title: Ordinance 2026-2 to change the future land use designation on approximately 10.36 acres (Parcel 21454-000-00) located at 2500 NW 31st Avenue from Medium Intensity/Special District to Employment Center (Case LUC25-0005) (Quasi-Judicial)
Attachments: 1. LUC25-0005 Friends Recycling Staff Report, 2. LUC25_0005_Case, 3. LUC25_0005_Aerial
Date Action ByMotionResultAction DetailsMeeting DetailsVideo
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Submitted By: Emily Johnson

Presentation By: Emily Johnson

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Department: Growth Management

FORMAL TITLE (Motion Ready):

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Ordinance 2026-2 to change the future land use designation on approximately 10.36 acres (Parcel 21454-000-00) located at 2500 NW 31st Avenue from Medium Intensity/Special District to Employment Center (Case LUC25-0005) (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

                     Agent: Austin Dailey, 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, which the owner acquired as part of a land swap with the city in 2024.

                     The subject property was designated as Medium Intensity/Special District to encourage redevelopment efforts following the adoption of the 2035 Vision.

                     On October 21, 2025, the Ocala City Council approved the transmittal to state agencies for review of a proposed future land use amendment for the adjacent properties under the same ownership.  This amendment included the same request for a future land use change from their current designation of Medium Intensity/Special District to Employment Center for properties containing an existing Construction and Demolition (C&D) Landfill and a Materials Recovery Facility (MRF).

Zoning and Land Use Details:

For consideration of the future land use amendment, there are several key factors to consider: 

                     The proposed Employment Center future land use is more consistent with the anticipated development in the surrounding area.

                     The proposed Employment Center future land use is consistent with nearby development to the west, such as the Ocala-Marion County Commerce Park.

                     City utilities already service the existing industrial and neighboring uses.

Planning and Zoning Commission:

The proposed land use change was presented to the Planning and Zoning Commission on October 13, 2025, with the associated rezoning application (ZON25-0012).  A member of the public expressed concerns about the smell associated with the neighboring C&D landfill use and questioned whether any studies had been conducted on the environmental and health impacts.  The applicant’s agent clarified that the associated rezoning to M-1, Light Industrial, would not permit the expansion of the landfill use.

The Commission voted four to zero to recommend approval to the City Council for the transmittal to state agencies for their review.

FINDINGS AND CONCLUSIONS:

                     The requested Employment Center Future Land Use designation is more compatible with the high-impact industrial uses of the area to the east and the industrial park west of the subject property.

                     The 2035 Vision and West Ocala Vision anticipated redevelopment within this NW area of the city.  However, since their adoption, development trends over the last 15 years appear to have shifted the focus of the Medium Intensity/Special District further east of NW 27th Avenue.  The properties north of NW 21st Street and west of NW 27th Avenue continue to align with the intent of the Employment Center future land use, which is more focused on employment than on mixed-use residential.

                     The requested future land use amendment is more consistent with nearby developments like the Ocala-Marion County Commerce Park and other neighboring uses.

                     The proposed amendment would result in a reduction in the potential impact on public facilities.  Any future development will require further analysis.

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 2026-2

 

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 AT 2500 NW 31ST AVENUE (PARCEL 21454-000-00), APPROXIMATELY 10.36 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 accordance 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 (Parcel 21454-000-00):

 

A PORTION OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 2; THENCE N89°31'15'W, ALONG THE NORTH LINE OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4, A DISTANCE OF 1491.54 FEET, TO ITS INTERSECTION WITH THE NORTHERLY PROJECTION OF THE EAST LINE OF THE LANDS DESCRIBED IN THE WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 5884, AT PAGE 1115, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING SAID NORTH LINE, PROCEED S00°30'30"W ALONG SAID NORTHERLY PROJECTION, 25.00 FEET, TO THE NORTHEAST CORNER OF SAID LANDS; THENCE ALONG THE EASTERLY AND SOUTHERLY BOUNDARIES OF SAID LANDS, THE FOLLOWING FIVE (5) COURSES AND DISTANCES, CONTINUE S00°30'30"W, 15.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S00°30'30"W, 125.19 FEET; THENCE N89°34'40"W, 203.48 FEET; THENCE S00°28'08"W, 56.46 FEET; THENCE N89°34'40"W, 107.89 FEET TO THE SOUTHWEST CORNER OF SAID LANDS, SAID POINT BEING ON THE EAST LINE OF LANDS DESCRIBED IN THE WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 5254, AT PAGE 867, OF SAID PUBLIC RECORDS; THENCE PROCEED S18°35'59"W ALONG SAID EAST LINE, A DISTANCE OF 197.20 FEET TO A POINT ON THE EAST LINE OF THE WEST 379.54 FEET OF THE EAST 2243.49 FEET OF THE AFOREMENTIONED NORTH 1/2 OF THE SOUTHEAST 1/4; THENCE S00°31'39"W ALONG SAID EAST LINE, A DISTANCE OF 916.09 FEET TO A POINT ON THE SOUTH LINE OF THE AFOREMENTIONED NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 2; THENCE DEPARTING SAID EAST LINE, PROCEED N89°31'15"W ALONG SAID SOUTH LINE, A DISTANCE OF 210.00 FEET; THENCE DEPARTING SAID SOUTH LINE, PROCEED N00°31'39"E ALONG THE WEST LINE OF LANDS DESCRIBED IN WARRANTY DEEDS RECORDED IN O.R. BOOK 5884, PAGE 1115 AND O.R. BOOK 5850, PAGE 462, A DISTANCE OF 210.00 FEET TO THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN O.R. BOOK 5850, PAGE 462; THENCE S89°31'15"E ALONG THE NORTH BOUNDARY OF SAID LANDS, 40.46 FEET TO THE SOUTHERNMOST SOUTHWEST CORNER OF THE LANDS DESCRIBED IN THE WARRANTY DEED RECORDED IN O.R. BOOK 6397, PAGE 1000; THENCE N00°31'39"E ALONG THE SOUTHERNMOST WEST LINE OF SAID LANDS, A DISTANCE OF 210.00 FEET TO THE SOUTHEAST CORNER OF LANDS DESCRIBED IN THE WARRANTY DEED RECORDED IN O.R. BOOK 6435, PAGE 339; THENCE DEPARTING SAID WEST LINE, PROCEED N89°31'15"W ALONG THE SOUTH LINE OF SAID LANDS RECORDED IN O.R. BOOK 6435, PAGE 339, A DISTANCE OF 210.00 FEET TO THE SOUTHWEST CORNER OF SAID LANDS, SAID POINT BEING ON THE WEST LINE OF THE EAST 2243.49 FEET OF THE AFOREMENTIONED NORTH 1/2 OF THE SOUTHEAST 1/4; THENCE N00°31'39"E ALONG SAID WEST LINE, A DISTANCE OF 845.47 FEET TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF N.W. 28TH STREET (A PROPOSED PUBLIC RIGHT-OF-WAY OF VARYING WIDTH); THENCE DEPARTING SAID WEST LINE, PROCEED S89°31'15"E, ALONG SAID RIGHT-OF-WAY LINE, 23.54 FEET, TO THE POINT OF CURVATURE WITH A CIRCULAR CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 530.00 FEET; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE AND CURVE, NORTHEASTERLY, 106.18 FEET, THROUGH A CENTRAL ANGLE OF 11°28'42" AND A CHORD BEARING AND DISTANCE OF N84°44'24"E, 106.00 FEET, TO THE POINT OF REVERSE CURVATURE WITH A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 470.00 FEET; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE AND CURVE, NORTHEASTERLY, 94.16 FEET, THROUGH A CENTRAL ANGLE OF 11"28'42" AND A CHORD BEARING AND DISTANCE OF N84"44'24"E, 94.00 FEET, TO THE POINT OF TANGENCY THEREOF; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE, S89"31'15"E, 529.47 FEET, TO THE POINT OF BEGINNING.

LESS AND EXCEPT THE WEST 112.86 FEET OF THE SOUTH 210.00 FEET OF THE LANDS DESCRIBED IN THE WARRANTY DEEDS RECORDED IN O.R. BOOK 5850, PAGE 462 AND PARCEL 1 OF O.R. BOOK 5884, PAGE 1115.

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 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                      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:                                           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.