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Planning & Zoning Commission

Regular Meeting

Ocala, FL · November 13, 2023

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Minutes

110 SE Watula Avenue Ocala Ocala, FL 34471 Planning & Zoning Commission www.ocalafl.gov Minutes Monday, November 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, Brent Malever, and Allison Campbell Absent Branson Boone Excused William Gilchrist Jr., 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 Gazette on October 27, 2023. a. Attachments: Gazette Ad 11-13-23.pdf 3. Consideration of the Minutes a. P & Z Minutes - Meeting of October 9, 2023 Attachments: 10-9-23 Final Minutes.pdf RESULT: APPROVED MOVER: Brent Malever SECONDER: Richard "Andy" Kesselring AYE: Vice Chair Adams, Kesselring, Rudnianyn, and Malever ABSENT: Boone EXCUSED: Gilchrist, and Chairperson Lopez 4. Subdivisions a. Approve SUB22-44949 West Oak Phase 1 Final Plat Page 1 of 8 Planning & Zoning Commission Minutes November 13, 2023 Attachments: P&Z Memo Plat Survey Developers Agreement Developers Agreement_Redlined 10-30-23 Ms. Madraveren displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Discussion: No board discussion or public comment. Motion to approve SUB22-44949 West Oak Phase 1 Final Plat. RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Todd Rudnianyn AYE: Vice Chair Adams, Kesselring, Rudnianyn, and Malever ABSENT: Boone EXCUSED: Gilchrist, and Chairperson Lopez b. Approve SUB23-45323 West Oak PH 2 Residential Final Plat Attachments: P&Z Memo Plat Survey Developer Agreement-Ph2 Res Ms. Madraveren displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Discussion: No board discussion or public comment. Motion to approve SUB23-45323 West Oak Phase 2 Residential Final Plat. RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Todd Rudnianyn AYE: Vice Chair Adams, Kesselring, Rudnianyn, and Malever ABSENT: Boone EXCUSED: Gilchrist, and Chairperson Lopez c. Approve SUB23-45131 Ocala 75 Logistics Park Phase 1 Conceptual Subdivision Plan Page 2 of 8 Planning & Zoning Commission Minutes November 13, 2023 Attachments: P& Z Memo Conceptual Plan SURVEY Ms. Madraveren displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Discussion: No board discussion or public comment. . Motion to approve SUB23-45131 Ocala 75 Logistics Park Phase 1 Conceptual Subdivision Plan. RESULT: APPROVED MOVER: Todd Rudnianyn SECONDER: Brent Malever AYE: Vice Chair Adams, Kesselring, Rudnianyn, and Malever ABSENT: Boone EXCUSED: Gilchrist, and Chairperson Lopez d. Approve SUB22-45043 41806 Maricamp Road Final Plat Attachments: P&Z memo Plat Survey Developers_Agmt -MWG 01.04.23 Motion to table SUB22-45043, 41806 Maricamp Road Final Plat. RESULT: TABLED MOVER: Richard "Andy" Kesselring SECONDER: Brent Malever AYE: Vice Chair Adams, Kesselring, Rudnianyn, and Malever ABSENT: Boone EXCUSED: Gilchrist, and Chairperson Lopez 5. Public Hearing a. Eco Property Investments, LLC / PH23-45382 Attachments: P&Z Memo PH23-45382 Staff Report PH23-45382 Case Map PH23-45382 Aerial Map PH23-45382 Site Plan Ms. Govindaraju displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Page 3 of 8 Planning & Zoning Commission Minutes November 13, 2023 Discussion: No board discussion or public comment. . Motion to approve PH23-45382 Eco Property investments, LLC. to increase the outdoor storage area to twenty percent (20%) of the site, for property located at 5287 SW 8th Place; approximately 2.93 acres. RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Todd Rudnianyn AYE: Vice Chair Adams, Kesselring, Rudnianyn, and Malever ABSENT: Boone EXCUSED: Gilchrist, and Chairperson Lopez 6. Land Use Change a. Marion County / LUC23-45389 Attachments: LUC23-45389 Memo LUC23-45389 Staff Report Marion County Fleet Management_Land Use Narrative_230929 LUC23-45389 Aerial Map Marion County Fleet LUC23-45389 Case Map Marion County Fleet Ms. Johnson displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Discussion: Ms. Campbell requested more information regarding the impacts on the subject property’s distance from the residential community. Ms. Johnson responded the split zoning buffer distance is 110-feet. The City has not received an official site plan, and the applicant plans on maintaining a 100-foot buffer. Mr. Scott Leeks, Kimley Horn Associates, 1700 SE 17th Street, Suite 100, Ocala, FL, stated he agrees with staff’s recommendation. No public comment. . Motion to approve LUC23-45389 Marion County a request to change the Future Land Use designation from Medium Intensity/Special District to Public, for property located in the 250 block of NW Martin Luther King Jr. Avenue (Parcel 21448-001-00); approximately 18.76 acres. RESULT: APPROVED Page 4 of 8 Planning & Zoning Commission Minutes November 13, 2023 MOVER: Richard "Andy" Kesselring SECONDER: Brent Malever AYE: Vice Chair Adams, Kesselring, Rudnianyn, and Malever ABSENT: Boone EXCUSED: Gilchrist, and Chairperson Lopez 7. Rezoning a. ZON23-45390 / Marion County Attachments: ZON23-45390 Memo ZON23-45390 Staff Report Marion County Fleet Management_Rezoning Narrative_230929 ZON23-45390 Aerial Map Marion County Fleet ZON23-45390 Case Map Marion County Fleet Ms. Johnson displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Discussion: Mr. Rudnianyn requested more information regarding the required buffer between GU and R-1. Mr. Scott Leeks, Kimley Horn Associates, 1700 SE 17th Street, Suite 100, Ocala, FL, responded no code requirement exists for a buffer; however, setback requirements must be met. Ms. Madraveren agreed with Mr. Leeks and said the City evaluates the use base, not zoning base. The applicant plans on providing heavy buffering. Ms. Campbell expressed concern regarding the increased noise. Mr. Leeks clarified the water retention areas and said a portion of the site will drain to the DRA located to the south. Ms. Madraveren confirmed the City mailed notices to the property owners located within a 300-feet radius. No public comment. . Motion to approve ZON23-45390 Marion County a request to rezone from R-1, Single-Family Residential, and M-2, Medium Industrial to G-U, Governmental Use for property located in the 2500 block of NW Martin Luther King Jr. Avenue (Parcel 21448-001-00); approximately 18.76 acres. RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Todd Rudnianyn Page 5 of 8 Planning & Zoning Commission Minutes November 13, 2023 AYE: Vice Chair Adams, Kesselring, Rudnianyn, and Malever ABSENT: Boone EXCUSED: Gilchrist, and Chairperson Lopez 8. Plat Vacation a. Malak, LLC / PLV23-45354 Attachments: PLV23-45354 Memo PLV23-45354 Staff Report PLV23-45354 Legal Description PLV23-45354 Legal Survey PLV23-45354 Aerial Map PLV23-45354 Case Map Ms. Johnson displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Discussion: Joseph Dodge Ure, Spruce Creek Civil Engineering, Inc., 1982 State Road 44, Suite 360, New Smyrna Beach, FL, stated he agrees with staff’s recommendation. Mr. Rudnianyn said the City received an email from a concerned property owner. He asked if the project impacts the adjacent property owner. Ms. Johnson responded that she reached out to address the adjacent property owners concern regarding access and she received no response. Ms. Johnson stated the properties located adjacent to the right-of-way will have access to their property. No public comment. . Motion to approve PLV23-45354, Malak, LLC. a request to vacate the right of way for a portion Agnew's Addition as recorded in Plat Book E, Page 16 and Ocala Acres as recorded in Plat Book F, Page 57, Marion County Public Records, NW 25th Street right of way located between NW 7th Street and NW Old Blichton Road; approximately 0.28 acres. RESULT: APPROVED MOVER: Todd Rudnianyn SECONDER: Brent Malever AYE: Vice Chair Adams, Kesselring, Rudnianyn, and Malever ABSENT: Boone EXCUSED: Gilchrist, and Chairperson Lopez 9. Abrogation Page 6 of 8 Planning & Zoning Commission Minutes November 13, 2023 a. ABR23-45350 / Navroz F. Saju, Domach, LLC. Attachments: ABR23-45350 Memo ABR23-45350 Staff Report ABR23-45350_CaseMap Domach Abrogation ABR23-45350_AerialMap Domach Abrogation Ms. Govindaraju displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Discussion: Davis Dinkins, 125 NE 1st Avenue, Suite 2, Ocala, FL, stated the storm water line runs along the western edge of the property. The City Engineer s Office plans on relocating the storm water line and they plan on granting additional easements that do not impact the building. Mr. Adams asked if they owned the entire block. Mr. Dinkins responded no, his clients own the north and south part of the property. Mr. Dinkins clarified the location of the drainage easement with Mr. Kesselring. Mr. Cary Hampton, 9911 Greenel Road, Damascus, MD, spoke in opposition of the plat vacation. He expressed concern that the proposed easement will impact surrounding properties. He noted the City’s map is incorrect because it shows an additional 10-feet on the south side. Mr. Adams asked the location of his property. Mr. Hampton responded the northwest corner. Mr. Hampton explained the miscalculation in the map and stated he believes the alley is part of his property. Mr. Kesselring stated the alley is considered City property. Mr. Adams asked if the City was aware of the issue. Mr. Shrum responded that the City held past discussions regarding legal opinions concerning ownership of the alley. The discussion findings confirmed the alley is owned by the City. Mr. Hampton stated the storm water pipe is not being used; however, property values will be impacted once the pipe is removed. Mr. Adams recommended Mr. Hampton resolve the legal issue regarding ownership of the parcel with the City. The request has no impact on Mr. Hampton’s property. Motion to approve ABR23-45350, Navroz F. Saju, Domach, LLC. a request to abrogate the one-hundred and sixty-four (164) feet of the alley west of SW 2nd Avenue (Parcel 2854-025-010); approximately 0.06 acres. Page 7 of 8 Planning & Zoning Commission Minutes November 13, 2023 RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Brent Malever AYE: Vice Chair Adams, Kesselring, Rudnianyn, and Malever ABSENT: Boone EXCUSED: Gilchrist, and Chairperson Lopez 10. Comments Mr. Adams announced he will be relocating to the County, and will no longer be a City resident. He will be submitting a resignation letter to the City. Mr. Shrum announced Mr. Aubrey Hale was appointed as the Growth Management Planning Director. 11. Next meeting: December 11, 2023 at 5:30 PM. 12. Adjournment The meeting adjourned at 6:26 pm. Page 8 of 8

Agenda

Ocala Planning & Zoning Commission Agenda - Final Monday, November 13, 2023 Meeting Information WELCOME! Location We are very glad you have joined us for today’s meeting. The City Hall Planning and Zoning Commission (P & Z) comprises citizen City Council Chambers members who voluntarily and without compensation devote (2nd Floor) their time and expertise to a variety of zoning and land 110 SE Watula Avenue development issues in the community. For many types of cases, Ocala, FL 34471 the P& Z acts in an advisory capacity to the Ocala City Council Time with its recommendations subject to final action by Council. 5:30 PM GENERAL RULES OF ORDER Board Members The P & Z is pleased to hear all non-repetitive comments. Kevin Lopez However, since a general time limit of five (5) minutes is Chairman allotted to the proponents/opponents of an issue, large groups are asked to name a spokesperson. Rus Adams Vice-Chair Persons with disabilities needing assistance to participate in any Richard A.Kesselring of these proceedings should contact the P & Z Recording Secretary at (352) 629-8404 at least 48 hours in advance of the Todd Rudnianyn meeting. Brent Malever APPEALS William Gilchrist, Jr. Any person who desires to appeal any decision at this meeting Owen Boone will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is Allison Campbell (non-voting) made that includes the testimony and evidence upon which the School Board Representative appeal is made. Staff This meeting and past meetings may be viewed by selecting it Jeff Shrum, AICP https://www.ocalafl.gov/meetings. Director Growth Management Department Aubrey Hale Planning Director Growth Management Department Planning & Zoning Commission Agenda - Final November 13, 2023 1. Call to Order a. Pledge of Allegiance b. Roll Call for Determination of a Quorum 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 Gazette on October 27, 2023. a. Ocala Gazette Ad Attachments: Gazette Ad 11-13-23.pdf 3. Consideration of the Minutes a. P & Z Minutes - Meeting of October 9, 2023 Attachments: 10-9-23 Final Minutes.pdf 4. Subdivisions a. Approve SUB22-44949 West Oak Phase 1 Final Plat Attachments: P&Z Memo Plat Survey Developers Agreement Developers Agreement_Redlined 10-30-23 b. Approve SUB23-45323 West Oak PH 2 Residential Final Plat Presentation by Karen Cupp City Council Tentative Schedule: Upon recommendation of approval or denial by the P & Z Commission, this item will be presented to City Council at the Tuesday, December 5, 2023, City Council meeting. Attachments: P&Z Memo Plat Survey Developer Agreement-Ph2 Res Page 1 of 7 Planning & Zoning Commission Agenda - Final November 13, 2023 c. Approve SUB23-45131 Ocala 75 Logistics Park Phase 1 Conceptual Subdivision Plan Presentation by Karen Cupp City Council Tentative Schedule: Upon recommendation of approval or denial by the P & Z Commission, this item will be presented to City Council at the Tuesday, December 5, 2023, City Council meeting. end Attachments: P& Z Memo Conceptual Plan SURVEY d. Approve SUB22-45043 41806 Maricamp Road Final Plat Presentation by Karen Cupp City Council Tentative Schedule: Upon recommendation of approval or denial by the P & Z Commission, this item will be presented to City Council at the Tuesday, December 5, 2023, City Council meeting. Attachments: P&Z memo Plat Survey Developers_Agmt -MWG 01.04.23 5. Public Hearing Page 2 of 7 Planning & Zoning Commission Agenda - Final November 13, 2023 a. Eco Property Investments, LLC / PH23-45382 Petitioner: Eco Property Investments, LLC Agent: Emily Stewart, RLA, AICP, Independence Engineering, LLC Planner: Divya Govindaraju 352-629-8305 dgovindaraju@ocalafl.gov A request for a Public Hearing to increase the outdoor storage area to twenty percent (20%) of the site, for property located at 5287 SW 8th Place; approximately 2.93 acres. Recommended Action: Approval with condition of approval of the City’s site plan and/or permitting processes. City Council Tentative Schedule: Upon recommendation of approval or denial by the P & Z Commission, this item will be presented to City Council for a public hearing at the Tuesday, December 5, 2023, City Council meeting. Attachments: P&Z Memo PH23-45382 Staff Report PH23-45382 Case Map PH23-45382 Aerial Map PH23-45382 Site Plan 6. Land Use Change Page 3 of 7 Planning & Zoning Commission Agenda - Final November 13, 2023 a. Marion County / LUC23-45389 Petitioner: Marion County Agent: Scott E. Weeks, P.E., Kimley Horn and Associates, Inc Planner: Emily Johnson 352-629-8313 ewjohnson@ocalafl.gov A request to change the Future Land Use designation from Medium Intensity/Special District to Public, for property located in the 2500 block of NW Martin Luther King Jr Avenue (Parcel 21448-001-00); approximately 18.76 acres. Recommended Action: Approval. City Council Tentative Schedule: Upon recommendation of approval or denial by the P & Z Commission, this item will be presented to City Council for introduction at the Tuesday, December 5, 2023 City Council meeting and second and final hearing at the Tuesday, December 19, 2023 City Council meeting. Attachments: LUC23-45389 Memo LUC23-45389 Staff Report Marion County Fleet Management_Land Use Narrative_230929 LUC23-45389 Aerial Map Marion County Fleet LUC23-45389 Case Map Marion County Fleet 7. Rezoning Page 4 of 7 Planning & Zoning Commission Agenda - Final November 13, 2023 a. Marion County / ZON23-45390 Petitioner: Marion County Agent: Scott E. Weeks, P.E., Kimley-Horn and Associates, Inc. Planner: Emily Johnson 352-629-8313 ewjohnson@ocalafl.gov A request to rezone from R-1, Single-Family Residential, and M-2, Medium Industrial to G-U, Governmental Use for property located in the 2500 block of NW Martin Luther King Jr Avenue (Parcel 21448-001-00); approximately 18.76 acres. Recommended Action: Approval. City Council Tentative Schedule: Upon recommendation of approval or denial by the P & Z Commission, this item will be presented to City Council for introduction at the Tuesday, December 5, 2023, City Council meeting and second and final hearing at the Tuesday, December 19, 2023 City Council meeting. Attachments: ZON23-45390 Memo ZON23-45390 Staff Report Marion County Fleet Management_Rezoning Narrative_230929 ZON23-45390 Aerial Map Marion County Fleet ZON23-45390 Case Map Marion County Fleet 8. Plat Vacation Page 5 of 7 Planning & Zoning Commission Agenda - Final November 13, 2023 a. Malak, LLC / PLV23-45354 Petitioner: Malak, LLC Agent: David F. Glunt, P.E., Spruce Creek Civil Engineering, Inc. Planner: Emily Johnson 352-629-8313 ewjohnson@ocalafl.gov A request to vacate the right-of-way for a portion Agnew’s Addition as recorded in Plat Book E, Page 16 and Ocala Acres as recorded in Plat Book F, Page 57, Marion County Public Records, NW 25th Street right-of-way located between NW 7th Street and NW Old Blitchton Road; approximately 0.28 acres. Recommended Action: Approval subject to the provision of public access & reservation of necessary utility easements. City Council Tentative Schedule: Upon recommendation of approval or denial by the P & Z Commission, this item will be presented to City Council for a public hearing at the Tuesday, December 5, 2023. Attachments: PLV23-45354 Memo PLV23-45354 Staff Report PLV23-45354 Legal Description PLV23-45354 Legal Survey PLV23-45354 Aerial Map PLV23-45354 Case Map 9. Abrogation Page 6 of 7 Planning & Zoning Commission Agenda - Final November 13, 2023 a. ABR23-45350 / Navroz F. Saju, Domach, LLC. Petitioner: Navroz F. Saju, Domach, LLC. Agent: Davis L. Dinkins, P.E., Dinkins Engineering & Surveying, LLC Planner: Divya Govindaraju 352-629-8305 dgovindaraju@ocalafl.gov A request to abrogate the one-hundred and sixty-four (164) feet of the alley west of SW 2nd Avenue (Parcel 2854-025-010); approximately 0.06 acres. Recommended Action: Approval subject to the provision of public access & reservation of necessary utility easements. City Council Tentative Schedule: Upon recommendation of approval or denial by the P & Z Commission, this item will be presented to City Council for public hearing at the Tuesday, December 5, 2023, City Council meeting. Attachments: ABR23-45350 Memo ABR23-45350 Staff Report ABR23-45350_CaseMap Domach Abrogation ABR23-45350_AerialMap Domach Abrogation 10. Comments Next meeting: December 11, 2023 at 5:30 PM. Adjournment Page 7 of 7

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