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Ocala
Friday, April 19, 2024

Ocala Council waiting for District 2 election before tackling mayor’s veto on landfill ordinance

Ocala Mayor Kent Guinn

Ocala City councilmembers are willing to wait until after an empty seat on the council is filled before it makes a decision about Mayor Kent Guinn’s recent veto of an ordinance allowing construction and demolition landfills in the western part of the city.

The Council voted last month on the ordinance that likely will only affect Friends of Recycling, which operates the only construction and demolition landfill in the city, located at 2350 NW 27th Ave. The 4-0 vote for approval of the ordinance, which allows construction and demolition landfills as a special exemption in M-2 and M-3 zoning districts, came before a packed-house crowd who largely spoke against the measure. Both city staff and the Planning and Zoning Commission had recommended against approval of the measure, which also limits the height of the Friends of Recycling landfill to 55 feet.

Those in the audience, which spilled over into the lobby outside the Council’s chambers, cited three city projects planned near the landfill – the Ocala/Marion County Commerce Park, the Mary Sue Rich Community Center at Reed Place and the redevelopment of the Pine Oaks Golf Couse into a housing development.

Guinn, who is running for Congress, filed his veto late on the afternoon of Friday, Feb. 28. He offered several reasons for the action, including:

  • The city has more control over the Friends of Recycling landfill under its current nonconforming designation than it would in M-2 and M-3 zoning districts.
  • The ordinance would allow the landfill to become “potentially larger (approximately 30-plus acres)” by expanding into residential-zoned parcels it owns to the north, which would potentially continue its life for another 50 years.
  • The city has invested millions of dollars into projects to “improve the quality of life” in West Ocala and expansion of a landfill near those planned improvements – the Mary Sue Rich Community Center, the Wetland Groundwater Recharge Park, redevelopment of the Pine Oaks Golf Course with more than 1,000 homes, and redevelopment of the old Royal Oak charcoal plant site and the Lillian Bryant Park with a new splash pad – could hinder further redevelopment opportunities and impact the value of those projects.
  • The ordinance allows for potentially new construction and demolition landfills to open in the city subject to certain size and location requirements. While not many parcels would meet the minimum size requirements, it’s possible land could be annexed into the city or assembled together to meet the requirements.
  • Allowing a construction and demolition landfill in the M-2 zoning district as a “Special Exemption” is inconsistent with other M-2 uses, such as outdoor storage and outdoor manufacturing. Guinn said M-3 zoning – heavy industrial – should be required for landfills.
  • Expansion of the landfill near residential neighborhoods could bring an increase in noise, stronger odor, potential groundwater contamination, a decrease in value of nearby properties and an increase in truck traffic along NW 27th Avenue.
  • The city’s comprehensive plan discourages industrial uses – “except in limited cases where the use is consistent with the surrounding area” – which is not the case with the landfill.

The City Council typically would need a four-fifths vote to override Guinn’s veto. But since the District 2 seat is open, it would take a 4-0 vote from the remaining councilmembers.
Tyrone Eugene Oliver Jr. was elected to fill the District 2 seat occupied by Rich for 24 years in November but the Council refused to seat him the following month because he is a convicted felon.

Three candidates – Ire Bethea Sr., Lonnie Hooks III and Reginald Landers Jr. – are vying to fill the seat in a special election on March 17. But if none of those candidates gets the required 50 percent plus one of the vote, a runoff election would be held May 19 between the top two vote-getters, meaning the new councilmember wouldn’t be seated until June 2.