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Planning & Zoning Commission

Regular Meeting

Ocala, FL · January 8, 2024

AgendaMinutes

Minutes

110 SE Watula Avenue Ocala Ocala, FL 34471 Planning & Zoning Commission www.ocalafl.gov Minutes Monday, January 8, 2024 5:30 PM 1. Call to Order a. Pledge of Allegiance b.. Roll Call for Determination of a Quorum Present William Gilchrist Jr., Richard "Andy" Kesselring, Todd Rudnianyn, Chairperson Kevin Lopez, and Allison Campbell Absent Brent Malever 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. Public Notice 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 December 22, 2023. a. Attachments: Gazette Ad Proof 1-8-24.pdf 3. Public Comments None. 4. Consideration of the Minutes a. Attachments: 12-11-23 Miinutes.pdf RESULT: APPROVED MOVER: William Gilchrist, Jr. SECONDER: Richard "Andy" Kesselring AYE: Gilchrist, Kesselring, Rudnianyn, and Chairperson Lopez ABSENT: Malever 5. Subdivisions a. Approve SUB23-45318 Winding Oaks Residential PH 3 Conceptual Plan Page 1 of 5 Planning & Zoning Commission Minutes January 8, 2024 Attachments: Memo Conceptual Plan.pdf Conceptual Subdivision Plan.pdf Survey.pdf Ms. Cupp displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Stuart Hill, Kimley-Horn Associates, 1700 SE 17th Street, Ocala FL, said he was there to answer questions. Motion to approve SUB23-45318, Winding Oaks Residential PH 3 Conceptual Plan. RESULT: APPROVED MOVER: Todd Rudnianyn SECONDER: William Gilchrist, Jr. AYE: Gilchrist, Kesselring, Rudnianyn, and Chairperson Lopez ABSENT: Malever 6. Rezoning a. Fifty Second Avenue Associates, Inc. / ZON23-45463 Attachments: ZON23-45463 Memo ZON23-45463 Staff Report Tara Tedrow - Justification Statement AirportCommerceCenter_Covenants ZON23-45463 Aerial Map Fifty Seocnd Ave Associates ZON23-45463 Case Map Fifty Seocnd Ave Associates Ms. Johnson displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Logan Upsault, Lowndes Law Firm, 215 N. Eola Drive, Orlando, FL, said he was there to answer any questions. Motion to rezone from M-1, Light Industrial, to M-2 Medium Industrial, for property located at 410 SW 52nd Avenue (Parcel 2318-005-010); approximately 5.43 acres. RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Todd Rudnianyn AYE: Gilchrist, Kesselring, Rudnianyn, and Chairperson Lopez ABSENT: Malever b. Solid Rock Property Group / ZON23-45470 Page 2 of 5 Planning & Zoning Commission Minutes January 8, 2024 Attachments: Memo Staff Report Case Map Aerial Map Policy 18.25 Ordinance 5913 Ms. Govindaraju displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Anthony Kachuck, 4803 Georgia Road, Tampa, FL, said he was there to answer questions. Motion to rezone to B-5, Wholesale Business District, for a portion of the property located at the northwest corner of the intersection at State Road 40 and NW 46th Avenue (22854-000-00); approximately 0.28 acres. RESULT: APPROVED MOVER: Todd Rudnianyn SECONDER: William Gilchrist, Jr. AYE: Gilchrist, Kesselring, Rudnianyn, and Chairperson Lopez ABSENT: Malever 7. Comprehensive Plan Amendment a. A P LLC / FLUP23-45444 Attachments: FLUP23-45444 Memo FLUP23-45444 Staff Report Policy 18.7 Redline Tillman & Associates - Narrative Statement FLUP23-45444 Aerial Map A P LLC FLUP23-45444 Case Map A P LLC Ms. Johnson explained and provided an overview of the request to amend the City's Future Land Use Element of the Comprehensive Plan. Jon Harvey, Tillman & Associates, 1720 SE 16th Avenue, Building 100, Ocala, FL, said they have also submitted an application to rezone back to M-1 to be consistent with everything on the south side of 24th Street. Mike Finn, 2500 NE 38th Court, Ocala, FL, said he was familiar with the property and did not see a problem with the request. Motion to amend the City's Future Land use Element of the Comprehensive Plan by deleting Policy 18.7 relating to development conditions for property located southwest of the intersection of NE 24th Street and NE 36th Ave, north of the CSX railroad (Parcel # 244272-001-00); approximately 11.61 acres. Page 3 of 5 Planning & Zoning Commission Minutes January 8, 2024 RESULT: APPROVED MOVER: Todd Rudnianyn SECONDER: William Gilchrist, Jr. AYE: Gilchrist, Kesselring, Rudnianyn, and Chairperson Lopez ABSENT: Malever 8. Development Agreement a. Friends Recycling LLC / DMA23-45468 Attachments: DMA23-45468_Memo 1st Amendment to Friends 163 Development Agreement (Friends - Ocala) v01.02.2024 Word Legal Friends Vegetative Buffer Elevation Graphics DMA23-45468 Case Map Friends Recycling DMA23-45468 Aerial Map Friends Recycling Ms. Johnson displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Mr. Rudnianyn asked why the buffer was set at 300 feet. Mr. Kesselring responded that there was a lot of discussion regarding the buffer and now it is 150 feet. Fred Roberts, 40 SE 11th Avenue, Ocala, FL, said it was originally approved at 150 feet by Planning and Zoning Meeting, but it was vetoed by the Mayor at City Council. It was later approved to be a 300 feet buffer. The development agreement has to be amended for the right-of-way provision and match the buffer for the M-1 to make all the boundaries consistent. Motion to amend Chapter 163 Development Agreement, dated September 14, 2021, and recorded in Official Records Book 7570, Page 306, which relates to the operation and development of the subject properties as a C&D Landfill. The proposed amendments include the future dedication of a fifteen (15) foot right-of-way along NW 28th Street to the City; and the replacement of Exhibits B, C-1, C-2, and C-3 which will effectively increase the Construction and Demolition (C&D) Landfill portion of the property from approximately 48.36 to 54.14 acres, increase the drainage retention area from 2.27 to 2.43 acres, and decrease the perimeter vegetative buffer width from 300 to 150 feet (decreasing the total buffer acreage from 17.54 to 11.12 acres). The remainder of the restricted use areas and all other terms of the original Development Agreement are to remain the same. RESULT: APPROVED MOVER: Todd Rudnianyn SECONDER: William Gilchrist, Jr. AYE: Gilchrist, Kesselring, Rudnianyn, and Chairperson Lopez Page 4 of 5 Planning & Zoning Commission Minutes January 8, 2024 ABSENT: Malever 9. Staff Comments None. 10. Board Comments Ms. Campbell mentioned a school was in the process of being built near to the Winding Oaks PD, which is beneficial because of the impact of the 500 homes coming to the area. Mr. Kesselring asked about including past minutes from previous Planning and Zoning meeting regarding Friends Recycling. Ms. Madraveren responded yes, previous minutes can be included in the future. 11. Next meeting: February 12, 2024. 12. Adjournment The Meeting adjourned at 6:08 pm. Page 5 of 5

Agenda

Ocala Planning & Zoning Commission Agenda - Final Monday, January 8, 2024 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, Chairman However, since a general time limit of five (5) minutes is Rus Adams, Vice-Chair allotted to the proponents/opponents of an issue, large groups Richard A.Kesselring are asked to name a spokesperson. Todd Rudnianyn Brent Malever Persons with disabilities needing assistance to participate in any William Gilchrist, Jr. Owen Boone of these proceedings should contact the P & Z Recording Allison Campbell (non-voting), School Secretary at (352) 629-8404 at least 48 hours in advance of the Board Representative meeting. APPEALS Staff Jeff Shrum, AICP Director Any person who desires to appeal any decision at this meeting Growth Management Department will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is Aubrey Hale made that includes the testimony and evidence upon which the Planning Director Growth Management Department appeal is made. Gabriela Solano This meeting and past meetings may be viewed by selecting it Committee Secretary https://www.ocalafl.gov/meetings. Planning & Zoning Commission Agenda - Final January 8, 2024 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. Public Notice 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 December 22, 2023. a. Ocala Gazette Ad Attachments: Gazette Ad Proof 1-8-24.pdf 3. Public Comments 4. Consideration of the Minutes a. December 11, 2023 Meeting Minutes Attachments: 12-11-23 Miinutes.pdf 5. Subdivisions a. Approve SUB23-45318 Winding Oaks Residential PH 3 Conceptual 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, February 6, 2024, City Council meeting. Attachments: Memo Conceptual Plan.pdf Conceptual Subdivision Plan.pdf Survey.pdf 6. Rezoning Page 1 of 4 Planning & Zoning Commission Agenda - Final January 8, 2024 a. Fifty Second Avenue Associates, Inc. / ZON23-45463 Petitioner: Fifty Second Associates, Inc Agent: Tara L. Tedrow, Esq Planner: Emily Johnson 352-629-8313 ewjohnson@ocalafl.gov A request to rezone from M-1, Light Industrial, to M-2, Medium Industrial, for property located at 410 SW 52nd Avenue (Parcel 2318-005-010); approximately 5.43 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, February 6, 2024, City Council meeting and second and final hearing at the Tuesday, February 20, 2024, City Council meeting. Attachments: ZON23-45463 Memo ZON23-45463 Staff Report Tara Tedrow - Justification Statement AirportCommerceCenter_Covenants ZON23-45463 Aerial Map Fifty Seocnd Ave Associates ZON23-45463 Case Map Fifty Seocnd Ave Associates b. Solid Rock Property Group / ZON23-45470 Petitioner: Solid Rock Property Group Planner: Divya Govindaraju 352-629-8305 dgovindaraju@ocalafl.gov Request a rezoning to B-5, Wholesale Business District, for a portion of the property located at the northwest corner of the intersection at State Road 40 and NW 46th Avenue (Parcel 22854-000-00); approximately 0.28 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, February 6, 2024, City Council meeting and second and final hearing at the Tuesday, February 20, 2024, City Council meeting. Attachments: Memo Staff Report Case Map Aerial Map Policy 18.25 Ordinance 5913 Page 2 of 4 Planning & Zoning Commission Agenda - Final January 8, 2024 7. Comprehensive Plan Amendment a. A P LLC / FLUP23-45444 Petitioner: A P LLC Agent: David Tillman, Tillman & Associates Engineering, LLC Planner: Emily Johnson 352-629-8313 ewjohnson@ocalafl.gov A request to amend the City’s Future Land Use Element of the Comprehensive Plan by deleting Policy 18.7 relating to development conditions for property located southwest of the intersection of NE 24th Street and NE 36th Ave, north of the CSX railroad (Parcel #: 24272-001-00); approximately 11.61 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 consideration to transmit to the Florida Department of Commerce (FLCommerce) at the Tuesday, February 6, 2024, City Council meeting. Attachments: FLUP23-45444 Memo FLUP23-45444 Staff Report Policy 18.7 Redline Tillman & Associates - Narrative Statement FLUP23-45444 Aerial Map A P LLC FLUP23-45444 Case Map A P LLC 8. Development Agreement Page 3 of 4 Planning & Zoning Commission Agenda - Final January 8, 2024 a. Friends Recycling LLC / DMA23-45468 Petitioner: Friends Recycling LLC Agent: Klein & Klein LLC, Austin Dailey, Esq. Planner: Emily Johnson 352-629-8313 ewjohnson@ocalafl.gov A request to amend the Chapter 163 Development Agreement, dated September 14, 2021, and recorded in Official Records Book 7570, Page 306, which relates to the operation and development of the subject properties as a C&D Landfill. The proposed amendments include the future dedication of a fifteen (15) foot right-of-way along NW 28th Street to the City; and the replacement of Exhibits B, C-1, C-2, and C-3 which will effectively increase the Construction and Demolition (C&D) Landfill portion of the property from approximately 48.36 to 54.14 acres, increase the drainage retention area from 2.27 to 2.43 acres, and decrease the perimeter vegetative buffer width from 300 to 150 feet (decreasing the total buffer acreage from 17.54 to 11.12 acres). The remainder of the restricted use areas and all other terms of the original Development Agreement are to remain the same. 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 a public hearing at the Tuesday, January 16, 2024, City Council meeting. Attachments: DMA23-45468_Memo 1st Amendment to Friends 163 Development Agreement (Friends - Ocala) v01.02.2024 Word Legal Friends Vegetative Buffer Elevation Graphics DMA23-45468 Case Map Friends Recycling DMA23-45468 Aerial Map Friends Recycling 9. Staff Comments 10. Board Comments 11. Next meeting: February 12 at 5:30 p.m. 12. Adjournment Page 4 of 4

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