Submitted By: Emily Johnson
presenter
Presentation By: Emily Johnson
end
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Ordinance to rezone approximately 10.36 acres (Parcel 21454-000-00) located at 2500 NW 31st Avenue from R-1, Single-Family Residential and R-2, Two-Family Residential to M-1, Light Industrial (Case ZON25-0012) (Quasi-Judicial)
end
OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place.
PROOF OF PUBLICATION:
N/A
body
BACKGROUND:
• Applicant: Friends Recycling LLC
• Property Owner: Friends Recycling LLC
• Agent: Austin Dailey, Klein & Klein PLLC
Key Points:
The petitioner is requesting to rezone the subject property from R-1, Single-Family Residential, and R-2, Two-Family Residential, to M-1, Light Industrial, for consistency with the requested future land use change and the active Construction & Demolition (C&D) landfill and materials recovery facility (MRF) uses on the 74.11-acre site, to the east, which is also owned by the applicant. The subject property was acquired by the owner as part of a land swap with the city in 2024.
A concurrent application to amend the Future Land Use of the subject property from Medium Intensity/Special District to Employment Center is also being requested (LUC25-0005).
Zoning and Land Use Details:
For consideration of the rezoning, there are several key factors to consider:
• The existing R-1 and R-2 zoning districts are not permitted within the proposed Employment Center Future Land Use (FLU). If the concurrent land use change is approved, a rezoning to a compatible zoning district is required.
• The proposed Employment Center FLU permits residential development only as part of an approved Planned Development (PD) district.
• The adjacent properties to the east and west are zoned M-1, Light Industrial.
• The proposed Employment Center future land use is consistent with nearby development to the west such as part of the Ocala-Marion County Commerce Park.
• The existing C&D landfill and MRF industrial and neighboring uses are already serviced by city utilities.
FINDINGS AND CONCLUSIONS:
• The proposed rezoning is consistent with the requested Employment Future Land Use classification, pursuant to Section 122-244 of the Code of Ordinances, and is compatible with the surrounding area.
• The M-1, Light Industrial, zoning district is compatible with the surrounding area. Adjacent properties to the east and west are existing M-1 zoned properties.
• City utilities are available at this location, and no level of service issues has been identified for public facilities as a result of the zoning amendment.
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
ORDINANCE 2025-XX
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OCALA, FLORIDA, CHANGING THE ZONING FROM R-1, SINGLE-FAMILY RESIDENTIAL, AND R-2, TWO-FAMILY RESIDENTIAL, TO M-1, LIGHT INDUSTRIAL, FOR CERTAIN PROPERTY LOCATED AT 2500 NW 31ST AVENEUE (PARCEL 21454-000-00), APPROXIMATELY 10.36 ACRES (CASE NO. ZON25-0012); PROVIDING DIRECTION TO STAFF; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATIONS AT A PUBLIC HEARING; PROVIDING DIRECTION TO THE CODIFIER; AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular
session, as follows:
Section 1. The lands described below are hereby rezoned and reclassified according to the zoning regulation of the City of Ocala, Florida, as M-1, Light Industrial:
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 zoning map of the City of Ocala is hereby amended to reflect the change in zoning classification from R-1, Single-Family Residential, and R-2, Two-Family Residential, to M-1, Light Industrial, 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 the later of:
(1) Approval by the mayor, or upon becoming law without such approval; or
(2) The effective date of Ordinance No. 2025-_______ (Ref: Land Use Case LUC25-0005).
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.