Planning & Zoning Commission

110 SE Watula Avenue Ocala Ocala, FL 34471 Planning & Zoning Commission www.ocalafl.gov Minutes Monday, February 13, 2023 5:30 PM 1. Call to Order a. Pledge of Allegiance b. Roll Call for Determination of a Quorum Present Vice Chair Arthur "Rus" Adams, Richard "Andy" Kesselring, Todd Rudnianyn, Chairperson Kevin Lopez, Branson Boone, Brent Malever, and Allison Campbell Absent William Gilchrist Jr. 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. 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 Friday January 27, 2023. a. Attachments: Proof of publication 3. Consideration of Minutes a. P&Z Minutes - Meeting of January 9, 2023 Attachments: P Z Minutes 1-9-23 RESULT: APPROVED MOVER: Arthur "Rus" Adams SECONDER: Brent Malever AYE: Vice Chair Adams, Kesselring, Rudnianyn, Chairperson Lopez, Boone, Malever, and Campbell ABSENT: Gilchrist 4. Subdivisions a. Approve SUB22-44973 One Fort King Subdivision Final Plat & Developers Agreement Page 1 of 8 Planning & Zoning Commission Minutes February 13, 2023 Attachments: Memo Plat & Dev Agmt.pdf Final Plat.pdf Developer's Agreement.pdf Ms. Karen Cupp displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Discussion: Ms. Cupp confirmed the interior lot lines will be used to establish the wall down each unit. The private right-of-way will provide access to each unit and meets the frontage requirement for each lot. The elevations were reviewed and approved by staff. No public comment. Motion to approve. RESULT: APPROVED MOVER: Todd Rudnianyn SECONDER: Arthur "Rus" Adams AYE: Vice Chair Adams, Kesselring, Rudnianyn, Chairperson Lopez, Boone, Malever, and Campbell ABSENT: Gilchrist 5. Rezoning a. ZON23-45070/Everest Realty Sixteen, LLC Attachments: ZON23-45070 Memo ZON23-45070 Staff Report Case Map Aerial Map Ms. Endira Madraveren displayed maps and photos of the property and adjacent properties to the audience while providing staff comments and the findings of fact. Discussion: Chairman Lopez asked if the area behind the property is zoned R-1 and considered a swell for wastewater. Ms. Madraveren responded yes; the area to the west is considered a DRA. Mr. John Harvey, Tillman & Associates Engineering, 1720 SE 16th Avenue, Bldg. 100, Ocala, FL 34471, stated thanked City staff for their hard work. The applicant is bringing a high-quality product to the City. He requested the Commission recommend approval of Page 2 of 8 Planning & Zoning Commission Minutes February 13, 2023 the application. Motion to approve. RESULT: APPROVED MOVER: Arthur "Rus" Adams SECONDER: Branson Boone AYE: Vice Chair Adams, Kesselring, Rudnianyn, Chairperson Lopez, Boone, Malever, and Campbell ABSENT: Gilchrist 6. PD rezoning/Plan approval a. PD22-44929/TBMI II, LLC Attachments: Memo Staff Report PD Plan PD Standards 2023_2023-01-26 Aerial Case Map Ms. Breah Miller 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 asked what is applicant proposing to build on the residential portion of the property. Ms. Miller responded the applicant is proposing a multifamily development project. The applicant must comply with the 100-foot buffer requirement. Mr. Fred Roberts (agent), 40 SE 11th Avenue, Ocala, FL, stated the proposed development plan includes all the required elements of the Future Land Use Policy adopted last year. The plan addresses traffic, accessibility, buffering, and spatial attenuation. He summarized the elements included in the plan. He noted the plan addresses use and intensity. Mr. Richard Busche, Kimley Horn & Associates, 1700 SE 17th Street, Ocala, FL, provided a brief overview of the site plan. A 25-foot buffer will be located on the east side on the property; and the agreement includes a building height condition of 35-feet for single-family residential. To note, the height limitation for the rest of the project is 45-feet, and the plan prohibits vehicular access to 31st Street. The PD plan shows four access points, and the transportation methodology was submitted to the City. Mr. Daniel M. Sivilich, 3575 SW 51st Terrace, Ocala, FL 34474, stated he is an engineer and resident of Timber Woods. The Timber Woods community has 195 homes and 400 vehicles. The proposed development plan has 750-units and represents 1,500 vehicles. He expressed concern regarding the following: traffic impacts, egress points, emergency Page 3 of 8 Planning & Zoning Commission Minutes February 13, 2023 gate, school overcrowding, pedestrian safety, gating SW 31st Street, and existing infrastructure. He suggested developing 1-3 single-family dwellings on 1-acre lots and redo the traffic study. Furthermore, he requested the Commission defer the decision until consultants review the report. Mr. John Taylor, 3230 SW 56th Avenue, Ocala, FL.stated his property is adjacent to the north/east property line. He suggested the Commission reduce the units to 2-4-units or 1-3 single-family dwellings to decrease density and include a 50-foot residential buffer from the property line. He expressed concern regarding the following: loss of sunset view, sink holes, contamination, septic damage, and pedestrian safety. He requested the Commission table the discussion and retain an associate to perform a comprehensive review. Mr. Dan Desorcie, 5841 SW 31st. Street, Ocala, FL. stated the Timber Wood community has 195 single-family dwellings. The Growth Management Department agreed to cap the building height at 35-feet. He expressed concern regarding the following: density, traffic impacts, pedestrian safety, and increased crime. He suggested developing 1-3 single-family dwellings on 1-acre lots. He requested the Commission table discussion at this time. Ms. Maria Aleksinko 3263 SW 51st Terrace, Ocala, FL.stated the proposed design is not compatible with the Timber Wood community. She requested the and asked the Commission should take into consideration the families and pets in the community. Ms. Kelly Skoval, 3736 SW 57th Court, Ocala, FL. played a phone message from her husband Phil Haberman. He expressed concern regarding the following: traffic impacts, vehicle accidents, pedestrian safety, groundwater pollution, and property maintenance. Mr. Al Formelo, 5013 SW 36th Lane, Ocala, FL. stated he is a resident of Timber Wood. He expressed concern regarding traffic impacts, and density. He requested the Commission table discussion to retain an associate to perform a comprehensive review. Mr. Desorcie asked for a show of hands of Timber Wood residents in favor of the Commission tabling discussion. Mr. Roberts addressed concerns from the public. The applicant will be required to perform a full traffic study to address traffic issues. He noted 31st Street is considered a County road; and traffic connectivity to Timber Wood has been cut-off. The proposed development project is considered a compatible use in the area. He provided a brief overview of the plan. He disagreed with the public's negative comments regarding safety and security. The proposed low intensity use is compatible with the Future Land Use Policy. The developer hosted several community meetings regarding the development project. Commissioner Rudnianyn asked if the traffic study will take into consideration the internal roadways. Mr. Roberts responded yes; the development project was first presented to Council last year in February. He confirmed the developer hosted a Page 4 of 8 Planning & Zoning Commission Minutes February 13, 2023 neighborhood meeting. Commissioner Rudnianyn asked if the community could privatize their roads and establish a gated entrance. Mr. Roberts responded yes. Commissioner Rudnianyn requested more information regarding the fence requirement. Mr. Roberts responded the fence was included for security purposes; and the buffer was expanded to provided visual screening. Commissioner Kesselring asked if the plan will comeback before the Commission. Ms. Miller responded if the PD plan is approved by City Council, it will not comeback before the Commission; however, the subdivision plan will come before the Commission. Planning Deputy Director Aubrey Hale spoke on the subdivision phases and staff reviewal process. Mr. Roberts noted a high level of restrictions were included in the plan and details were included in the PD standards. Planning Director Patricia Hitchcock stated she advised the applicant not to present a detailed site plan at this time. The plan was to build the design standards to guide the site plan review. Commissioner Campbell asked if the staff report indicates when the neighborhood meeting occurred. Ms. Hitchcock responded no; however, the meetings were publicly advertised and she attended a past homeowner’s association meeting for the Timber Wood community. Mr. Bushe confirmed a neighborhood meeting was advertised to the public. Chairman Lopez stated the Commission will only provide a recommendation to City Council. Commissioner Malever asked how the Timber Wood home values compare to the proposed new builds. He suggested the home values be compatible with the area. Commissioner Kesselring stated the design and plan is not based on value. Commissioner Campbell stated the residents who spoke tonight are not City of Ocala residents. The residents are located in the Timber Wood community in Marion County. Vice Chair Adams stated a vacant property in the area sold for $600,000 an acre, last December. Commissioner Campbell confirmed the School Board will present new numbers in April. The study will provide insight on overcrowding in the area. Page 5 of 8 Planning & Zoning Commission Minutes February 13, 2023 Commissioner Malever stated he favors extending discussion. Vice Chair Adams stated the Commission has been discussing this project for quite some time. The Timber Wood community should have sought legal counsel in the beginning of the project. Motion to approve. RESULT: APPROVED MOVER: Todd Rudnianyn SECONDER: Arthur "Rus" Adams AYE: Vice Chair Adams, Kesselring, Rudnianyn, Chairperson Lopez, Boone, Malever, and Campbell ABSENT: Gilchrist 7. Annexation/Land Use/Zoning a. ANX22-45056/Frank Green Attachments: Memo Staff Report CaseMap Aerial Ms. Breah Miller displayed maps and photos of the property and adjacent properties to the audience while providing staff comments and the findings of fact to annex property. Discussion: Chairman Lopez asked what zoning has the applicant requested. Ms. Miller responded the applicant is requesting to change the split zoning from B-2/B-5 to R-3. Mr. Bill Menadier, Menadier Engineering LLC, 13800 Text City Circle, Alachua, FL stated he agrees with the staff report. No public comment. Motion to approve. RESULT: APPROVED MOVER: Arthur "Rus" Adams SECONDER: Brent Malever AYE: Vice Chair Adams, Kesselring, Rudnianyn, Chairperson Lopez, Boone, Malever, and Campbell Page 6 of 8 Planning & Zoning Commission Minutes February 13, 2023 ABSENT: Gilchrist b. LUC22-45067/Frank Green Attachments: Memo Staff Report CaseMap Aerial Ms. Breah Miller 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: Brent Malever SECONDER: Branson Boone AYE: Vice Chair Adams, Kesselring, Rudnianyn, Chairperson Lopez, Boone, Malever, and Campbell ABSENT: Gilchrist c. ZON22-45068/Frank Green Attachments: Memo Staff Report CaseMap AerialMap Ms. Breah Miller 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: Richard "Andy" Kesselring SECONDER: Arthur "Rus" Adams AYE: Vice Chair Adams, Kesselring, Rudnianyn, Chairperson Lopez, Boone, Malever, and Campbell ABSENT: Gilchrist 8. Next meeting: March 13, 2023 at 5:30pm Page 7 of 8 Planning & Zoning Commission Minutes February 13, 2023 9. Adjournment The meeting adjourned at 7:07 pm. Page 8 of 8