Planning & Zoning Commission

110 SE Watula Avenue Ocala Ocala, FL 34471 Planning & Zoning Commission www.ocalafl.org Minutes Monday, January 9, 2023 5:30 PM 1. Call to Order a. Pledge of Allegiance b. Roll Call for Determination of a Quorum Present William Gilchrist Jr., Vice Chair Arthur "Rus" Adams, Richard "Andy" Kesselring, Branson Boone, Brent Malever, and Allison Campbell Absent Todd Rudnianyn, and Chairperson Kevin Lopez c. Agenda Notes: Cases heard by the Planning and Zoning Commission will be presented to City Council in accordance with the schedule provided after each case in the agenda. Please note that the City Council meetings will begin at 4:00 p.m. 2. Proof of Publication It was acknowledged that a Public Meeting Notice was posted at City Hall (110 SE Watula Avenue, Ocala, Florida 34471) and published in the Ocala Star Banner on December 23, 2022. a. Attachments: Publication Proof OF-33652497 3. Consideration of Minutes a. Attachments: P & Z minutes - 11.14.22 RESULT: APPROVED MOVER: Branson Boone SECONDER: Brent Malever AYE: Gilchrist, Vice Chair Adams, Kesselring, Boone, and Malever ABSENT: Rudnianyn, and Chairperson Lopez b. Attachments: P Z minutes - 12.12.22 RESULT: APPROVED MOVER: Branson Boone SECONDER: Richard "Andy" Kesselring AYE: Gilchrist, Vice Chair Adams, Kesselring, Boone, and Malever Page 1 of 10 Planning & Zoning Commission Minutes January 9, 2023 ABSENT: Rudnianyn, and Chairperson Lopez 4. Public Hearing a. CDA22-45034/ Shands Teaching Hospital and Clinics, Inc. Attachments: CDA22-45034 Shands Memo Proof of Notice Concurrency Development Agreement - Final Master Site Plan Letter to Planning and Zoning Commission RWB 12-09-2022(2) Ms. Hitchcock displayed maps, various photos of the property and adjacent properties to the audience while providing staff comments and the findings of fact. Discussion: No board discussion or public comment. Motion to approve. RESULT: APPROVED MOVER: Brent Malever SECONDER: William Gilchrist, Jr. AYE: Gilchrist, Vice Chair Adams, Kesselring, Boone, and Malever ABSENT: Rudnianyn, and Chairperson Lopez 5. Plat Vacation a. PLV22-45028/ Lake Louise, LLC Attachments: PLV22-45028 Memo Staff Report PLV22-45028 Case Map Lake Louise Water Resources Conflict PLV22-45028 Aerial Map Ms. Hitchcock stated the applicant requested the item be tabled to the February 13 meeting, so that the petitioner would have more time to resolve some issues. Discussion: No board discussion or public comment. Motion to table item. Page 2 of 10 Planning & Zoning Commission Minutes January 9, 2023 RESULT: TABLED MOVER: Brent Malever SECONDER: William Gilchrist, Jr. AYE: Gilchrist, Vice Chair Adams, Kesselring, Boone, and Malever ABSENT: Rudnianyn, and Chairperson Lopez b. PLV22-45037/Ocala Property Partners, LLC Attachments: Staff Memo Staff Report Plat Legal description CaseMap Aerial Mr. Smith displayed maps and photos of the property and adjacent properties to the audience while providing staff comments and the findings of fact. Discussion: Ms. Christine Berk (agent), Ocala Property Partners L.L.C., stated she is available to answer any questions. No board discussion. Motion to approve. RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: William Gilchrist, Jr. AYE: Gilchrist, Vice Chair Adams, Kesselring, Boone, and Malever ABSENT: Rudnianyn, and Chairperson Lopez 6. Rezoning a. ZON22-44908/ Friends Recycling, LLC Attachments: Rezoning cover memo Rezoning staff report M-1 v M-2 use comparison matrix ZON22-44908 Case Map ZON22-44908 Aerial Map Ms. Hitchcock displayed maps, various photos of the property and adjacent properties to the audience while providing staff comments and the findings of fact. Page 3 of 10 Planning & Zoning Commission Minutes January 9, 2023 Discussion: Commissioner Kesselring asked if the C&D landfill would not be able to expand. Ms. Hitchcock answered that it was correct. No public comment. Motion to approve. RESULT: APPROVED MOVER: William Gilchrist, Jr. SECONDER: Brent Malever AYE: Gilchrist, Vice Chair Adams, Kesselring, Boone, and Malever ABSENT: Rudnianyn, and Chairperson Lopez b. ZON22-45052/ Ocala Trophy Limited Partnership Attachments: Memo Staff Report B-2 v SC use comparison matrix Case Map Aerial Map Ms. Miller displayed maps and photos of the property and adjacent properties to the audience while providing staff comments and the findings of fact. Discussion: Mr. Adams asked if there were any height limitation differences between the SC zone and requested B-2 zone. Ms. Miller confirmed the height limitation will not change. No public comment. Motion to approve. RESULT: APPROVED MOVER: Richard "Andy" Kesselring Page 4 of 10 Planning & Zoning Commission Minutes January 9, 2023 SECONDER: William Gilchrist, Jr. AYE: Gilchrist, Vice Chair Adams, Kesselring, Boone, and Malever ABSENT: Rudnianyn, and Chairperson Lopez 7. Annexation/Land Use/Zoning a. ANX22-45042/Shelijen, LLC Attachments: Memo Staff report Case Map Aerial Map Ms. Hitchcock displayed maps and photos of the property and adjacent properties to the audience while providing staff comments and the findings of fact. Discussion: Mr. W. James Gooding (agent), 1531 SE 36th Avenue, stated he is available to answer any questions. No board discussion. Motion to approve. RESULT: APPROVED MOVER: Branson Boone SECONDER: Brent Malever AYE: Vice Chair Adams, Kesselring, Boone, and Malever ABSENT: Rudnianyn, and Chairperson Lopez RECUSED: Gilchrist b. LUC22-45047/ Shelijen, LLC Attachments: Memo Staff Report Case Map Aerial Map Ms. Hitchcock displayed maps and photos of the property and adjacent properties to the audience while providing staff comments and the findings of fact. Discussion: Commissioner Campbell noted the property will not impact the School District. Page 5 of 10 Planning & Zoning Commission Minutes January 9, 2023 Vice Chair Adams stated he appreciates having a School Board Member on the Commission. No public comment. Motion to approve. RESULT: APPROVED MOVER: Branson Boone SECONDER: Richard "Andy" Kesselring AYE: Vice Chair Adams, Kesselring, Boone, and Malever ABSENT: Rudnianyn, and Chairperson Lopez RECUSED: Gilchrist c. ZON22-45048/Shelijen, LLC Attachments: Memo Staff Report Case Map Aerial Map Ms. Hitchcock displayed maps and photos of the property and adjacent properties to the audience while providing staff comments and the findings of fact. Discussion: No board discussion or public comment. Motion to approve. RESULT: APPROVED MOVER: Branson Boone SECONDER: Brent Malever AYE: Vice Chair Adams, Kesselring, Boone, and Malever ABSENT: Rudnianyn, and Chairperson Lopez RECUSED: Gilchrist Page 6 of 10 Planning & Zoning Commission Minutes January 9, 2023 8. Land Use Change/PD Rezoning Amendment/Public Hearing a. LUC22-45057/ West Oak Developers, LLC Attachments: LUC22-45057 - memo Staff report Case Map Aerial Map Mr. Chighizola displayed maps and photos of the property and adjacent properties to the audience while providing staff comments and the findings of fact. Discussion: Commissioner Kesselring requested information regarding the projects impact on schools. Growth Management Director Tye Chighizola responded data shows multifamily developments produce less students compared to single-family. Commissioner Campbell commented the School Board is utilizing data from 12-years ago; however, a new study will be available in March or April. To note, the School Board study is on page 119; and the development will impact College Park School. Mr. David Tillman, Tillman & Associates Engineering, 1720 SE 16th Avenue, Bldg. 100, Ocala, FL 34471, stated he is available to answer any questions Mr. Chris Roeper, Attorney, 420 S. Orange Avenue, Orlando, FL 32801, stated he is representing Trademark Metals & Recycling. His client and the developer have been unable to reach an agreement. Furthermore, his client expressed concern regarding the following: noise, lack of buffering, electrical easement, equivalence matrix, and PD standards. Mr. Chighizola confirmed the complete PD standards were not included in the packet. Mr. Roeper noted a signature is missing on the zoning amendment application, and the staff report was published on Friday. He requested the Commission postpone discussion or recommend denial of the application. He confirmed Trademark is located on the eastside of the railroad tracks with Commissioner Kesselring. Commissioner Malever stated the industrial operations should be closed down due to heavy noise. Mr. Roeper responded the industrial operations have existed since the 1970’s. Mr. Tillman confirmed the triangular agricultural property is not owned by them or the adjacent property owners. He provided a brief overview of the property easement and buffering challenges. He suggested establishing a wall for noise abatement. To note, a buffer is not required along the east side of the property. Ms. Hitchcock confirmed CSX and Eugene Palmer own the two parcels on the map with Page 7 of 10 Planning & Zoning Commission Minutes January 9, 2023 Vice Chair Adams. Mr. Tillman stated they will work with the adjacent property owner to remedy the matter. Vice Chair Adams commented the City has been discussing residential development in the area since 2018. Mr. Tillman noted the adjacent property owner has expressed concern over the years regarding the project. Scott Siemens, 2201 NW 21st. ST, Ocala (agent) stated studies were performed; confirmed no exceedances. He noted they are working with Trademark Metals & Recycling to remedy the noise issue. He disagrees with Mr. Roeper’s recommendations; and encouraged the Commission to support the proposed development project. Furthermore, the project will fulfill a great need for affordable housing (20% affordable housing units) in the City. Mr. Chighizola noted single-family does not require buffering for intensive uses. The City will evaluate establishing a larger buffer during the planning process. He confirmed the developer will pay impact fees, if the building permit is not pulled before the new impact fees are published. The Commission’s recommendation will be considered by City Council on February 21, 2023. Motion to approve. RESULT: APPROVED MOVER: Brent Malever SECONDER: Branson Boone AYE: Gilchrist, Vice Chair Adams, Boone, and Malever NAY: Kesselring ABSENT: Rudnianyn, and Chairperson Lopez b. PD22-44861/ West Oak Developers, LLC; Attachments: PD22-44861 - memo PD22-44861 - staff report PD Plan CaseMap_Zoning Aerial_Zoning Discussion: Mr. Chighizola confirmed the PD zoning is not changing. Vice Chair Adams commented the Commission can make two motions. Mr. Chighizola provided a brief overview of the rezoning and adoption process. Page 8 of 10 Planning & Zoning Commission Minutes January 9, 2023 The Commission agreed to make two motions. Mr. Kesselring made the motion to approve for just the re-zoning for the 5.83 acres to a PD. Mr.Gilchrist made the second motion. NAY: Mr. Malever AYE: Gilchrist, Vice Chair Adams, Boone, and Kesselring Mr. Malever made motion to amend the PD plan. Mr. Gilchrist made the second motion. NAY: Mr. Kesselring AYE: Gilchrist, Vice Chair Adams, Boone, and Malever No public comment. RESULT: APPROVED MOVER: Brent Malever SECONDER: William Gilchrist, Jr. AYE: Gilchrist, Vice Chair Adams, Boone, Malever, and Campbell NAY: Kesselring ABSENT: Rudnianyn, and Chairperson Lopez c. CDA22-45035/West Oak, LLC Attachments: CDA22-45035 West Oak Memo Draft West Oak Concurrency 2022-12-16 rev Traffic Study - Final Masterplan KokWan Memo 02-08-2022 re ITE11 Acceptance Study Submittal West Oaks Proportionate Share Fees Proof of Publication OF-33802843 Discussion: No board discussion or public comment. Motion to approve. RESULT: APPROVED MOVER: Richard "Andy" Kesselring Page 9 of 10 Planning & Zoning Commission Minutes January 9, 2023 SECONDER: William Gilchrist, Jr. AYE: Gilchrist, Vice Chair Adams, Kesselring, Boone, and Malever ABSENT: Rudnianyn, and Chairperson Lopez 9. Next meeting: February 13, 2023, at 5:30 pm 10. Adjournment Vice Chair Adams adjourned the meeting at 6:15 pm. RESULT: APPROVED Page 10 of 10