Board of Adjustment

110 SE Watula Avenue Ocala Ocala, FL 34471 Board of Adjustment www.ocalafl.gov Minutes Monday, May 15, 2023 5:30 PM 1. Call To Order a. Pledge b. Roll Call for Determination of a Quorum Present: Chairperson Joyce Johnson William R. Futch Vice Chair James Hartley Dustin Magamoll Absent: George Carrasco Jr. Rusty Juergens 2. Proof of Publication The public notice was posted on the City's website and advertised in the Ocala Star Banner on April 28, 2023. Attachments: Proof OF-35512064.pdf 3. Approval of Minutes There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: James Hartley SECONDER: William R. Futch AYE: Chairperson Johnson, Futch, Vice Chair Hartley and Magamoll ABSENT: Carrasco and Juergens Attachments: 2-20-23 minutes.pdf 4. Special Exception a. SE23-45159/Railyard One, LLC Attachments: SE23-45159 Staff Report 2023-04-28_SITE GEOMETRY PLAN-BATCHING PLANT-Rev1 CaseMap Aerial Map Ms. Madraveren handed out letters of opposition, displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Page 1 of 4 Board of Adjustment Minutes May 15, 2023 Discussion: Mr. Futch asked about the location of the ingress/egress. Ms. Madraveren clarified where the northern ingress/egress was located. She said the entrance is depicted on the aerial and will be confirmed during the site plan process. Mike Stuart, 1700 NW 8th Avenue, Ocala, FL, stated the special exception request is limited to 5-acres and not the entire 17-acres. Chris Thorne, County Materials, 1700 NW 8th Avenue, stated the facility will be located on the 5-acre parcel, with concrete paving. He provided a brief overview of the business operations. He requested the Board extend the hours of operation to 24-hours, or a start-time of 1 am. The imposed restriction times of 7 am to 7 pm operation would prohibit them from moving forward. Jean Abi Aovn, (Civil Engineer) Florida Engineering Group, 5127 S Orange Avenue, Orlando, FL, stated the hours of operation were never discussed during the pre-application meeting. The hours would need to be modified to move forward in the process. Mr. Magamoll agreed the time restriction does not work for the facility’s operations. Ms. Hitchcock stated the application is similar to the Anderson Columbia project. The hours restriction was recommended by City staff; however, the Board can modify the restriction. The City will evaluate the noise levels under the Industrial Performance Standards. Mr. Magamoll said Anderson Columbia manufactures asphalt, not concrete. Chris Thorne, 1700 NW 8th Ave, Ocala, FL, stated the plant does not generate noise. The only noise generated is trucks leaving and entering the property. The backup alarms can be modified to minimize noise. Eddie Leedy, (Executive Director) Humane Society, 701 NW 14th Road, Ocala, FL, spoke in opposition of the application. He expressed concern regarding the dust affecting the HVAC system, traffic impacts, and pedestrian safety. He submitted documents and photos into evidence. Mr. Futch confirmed the special exception is limited to only the 5-acre area, located on the northeastern corner. Ms. Hitchcock discussed DFK’s property is north of Railyard One. DFK is undergoing site plan approval to pave a driveway (minimize dust) and install a water service. Mr. Leedy stated Jeff Paton, the property owner located to the north, opposes the special exception request. Page 2 of 4 Board of Adjustment Minutes May 15, 2023 Motion to approve the special exception with conditions 1-7 and 9-11 as listed with a modification to #8 that the hours of operation shall be limited to 1 am to 8 pm rather than 7 am to 7 pm. RESULT: APPROVED MOVER: William R. Futch SECONDER: James Hartley AYE: Chairperson Johnson, Futch, Vice Chair Hartley and Magamoll ABSENT: Carrasco and Juergens b. SE23-45158/Randy Berner Attachments: SE23-45158 Staff Report Site Plan Code Section 122-1206 CaseMap Aerial Ms. Govindaraju handed out letters of opposition, displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Discussion: Ms. Govindaraju confirmed special exceptions granted to Aqua Pools does not transfer with property sales. Ms. Hitchcock commented if the owner of Aqua Pools relocates business operations, he is responsible for removing the pools, to avoid Code Enforcement violations. She confirmed the new property owners will need to apply for a special exception to keep or modify the pools Jennifer Gazelle, applicant, 8118 County line Road, Melrose, FL, stated the goal is to beautify the property. She provided a brief overview of business operations. Aqua Pools sells over 400 shotcrete pools annually in the State of Florida. The plan is to install a fenced pool 24-inches deep with alarms and 24-hour surveillance. Mr. Magamoll stated a residential pool located on a commercial lot poses a safety hazard. Ms. Govindaraju said the land development code doesn't address the safety issues, but they have to go through the permitting process and be reviewed pursuant to Florida Building Code. Motion to move approve the special exception with the three conditions as worded. RESULT: APPROVED MOVER: William R. Futch Page 3 of 4 Board of Adjustment Minutes May 15, 2023 SECONDER: Dustin Magamoll AYE: Chairperson Johnson, Futch, Vice Chair Hartley and Magamoll ABSENT: Carrasco and Juergens 5. Comments 6. Next Meeting: Monday, June 19, 2023 a. Reschedule meeting date for June The board discussed the meeting and was rescheduled to Wednesday, June 21, 2023. 7. Adjournment The meeting adjourned at 6:41 pm. Page 4 of 4