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Planning & Zoning Commission

Regular Meeting

Ocala, FL · July 8, 2024

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Minutes

110 SE Watula Avenue Ocala Ocala, FL 34471 Planning & Zoning Commission www.ocalafl.gov Minutes Monday, July 8, 2024 5:30 PM 1. Call To Order Present Richard "Andy" Kesselring, Daniel London, Chairperson Kevin Lopez, Brent Malever, and Allison Campbell Absent Jeanne Herzig-Arena Excused Justin MacDonald, and Olivia Perez a. Pledge of Allegiance b. Roll Call Present Richard "Andy" Kesselring, Daniel London, Chairperson Kevin Lopez, Brent Malever, and Allison Campbell Absent Jeanne Herzig-Arena Excused Justin MacDonald, and Olivia Perez 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 June 21, 2024. a. Attachments: July 8, 2024 Proof.pdf 3. Approval of Minutes a. Attachments: 6-10-24 Meeting Minues.pdf RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Brent Malever AYE: Kesselring, London, Chairperson Lopez, and Malever ABSENT: Herzig-Arena EXCUSED: MacDonald, and Perez 4. Annexation / Land Use / Zoning Page 1 of 7 Planning & Zoning Commission Minutes July 8, 2024 a. Second Nine Partners, LLC / ANX24-45693 Attachments: ANX24-45693 Memo ANX24-45693 Staff Report ANX24-45693 Case Map ANX24-45693 Aerial Map 220312Z Foxwood Commons PUD Approval Letter Foxwood III Plat Planner II, Kristina Wright, displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact for ANX24-45693, LUC24-45694, ZON24-45695. Mr. Kesselring asked if the conceptual PUD plan approval from Marion County was part of these requests. Ms. Wright replied no that the requests were separate from what was approved by the county. Mr. Kesselring asked if the number of units would change. Ms. Wright responded that it was possible, but the applicant wants to keep everything consistent with what was previously approved. Mr. Kesselring asked why the request was for a R-3 instead of a PUD and was the request by the applicant. Ms. Wright replied the R-3 is the appropriate zoning for multi-family residential. David Tillman, Tillman Associates Engineering, 1720 SE 16th Avenue, Building 100, Ocala, FL, said the applicant requested R-3 because it directly addresses the use for multi-family residential. Chief Planning Official Endira Madraveren stated the letters of objection and letters of suggestions were provided to the Board members. Sandra Lubi, 4862 NW 30th Place, Ocala, FL, said adding 396 multi-family apartments is not compatible to the Quail Meadows 55-plus community. The noise, pollution, traffic, and property values will all be affected; and the buffer will only be four feet. Ms. Lubi asked for the Board to reevaluate the annexation. Phil Merrill, 4862 NW 30th Place, Ocala, FL said he did not think he could stop the project, but there is not much detail in the plans. He did not think a landscape buffer is sufficient and would like to see a more substantial buffer. Quail Meadows HOA President, Luz Milagros De Jesus, 4854 NW 31st, Place, Ocala, FL, said they are a 55- plus community and not against the development, but she would like the applicant to have more consideration on the buffers. Mr. Tillman said this plan has been zoned for multi-family apartments for several years. There is an extensive tree line in the backside of the Quail Meadow properties that they don't want to remove because it provides a buffer. The dumpsters will be located far away from the neighbors. Mr. Lopez asked about the balconies. Mr. Tillman replied they don't have an end product, but there will be balconies and the apartments will be two to three stories. Page 2 of 7 Planning & Zoning Commission Minutes July 8, 2024 Motion to approve ANX24-45693. RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Daniel London AYE: Kesselring, London, Chairperson Lopez, and Malever ABSENT: Herzig-Arena EXCUSED: MacDonald, and Perez b. Second Nine Partners, LLC / LUC24-45694 Attachments: LUC24-45694 Memo LUC24-45694 Staff Report LUC24-45694 Case Map LUC24-45694 Aerial Map 220312Z Foxwood Commons PUD Approval Letter Foxwood III Motion to approve LUC24-45694. RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Brent Malever AYE: Kesselring, London, Chairperson Lopez, and Malever ABSENT: Herzig-Arena EXCUSED: MacDonald, and Perez c. Second Nine Partners, LLC / ZON24-45695 Attachments: ZON24-45695 Memo ZON24-45695 Staff Report ZON24-45695 Case Map ZON24-45695 Aerial Map 220312Z Foxwood Commons PUD Approval Letter Foxwood III Motion to approve ZON24-45695. RESULT: APPROVED MOVER: Kevin Lopez SECONDER: Daniel London AYE: Kesselring, London, Chairperson Lopez, and Malever ABSENT: Herzig-Arena EXCUSED: MacDonald, and Perez d. Second Nine Partners, LLC / ANX24-45696 Page 3 of 7 Planning & Zoning Commission Minutes July 8, 2024 Attachments: ANX24-45696 Memo ANX24-45696 Staff Report ANX24-45696 Case Map Second Nine Partners LLC ANX24-45696 Aerial Map Second Nine Partners LLC Foxwood III Foxwood Replat Declaration Shops at Foxwood Replat Planner I, Andrew Gray displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact for ANX24-45696, LUC24-45697, ZON24-45698. Mr. Lopez asked if the retention pond was going to remain. Mr. Tillman said it will stay as a storm water pond. Motion to approve ANX24-45696. RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Brent Malever AYE: Kesselring, London, Chairperson Lopez, and Malever ABSENT: Herzig-Arena EXCUSED: MacDonald, and Perez e. Second Nine Partners, LLC / LUC24-45697 Attachments: LUC24-45697 Memo LUC24-45697 Staff Report LUC24-45697 Case Map LUC24-45697 Aerial Map Foxwood III Shops at Foxwood Replat Foxwood Replat Declaration Motion to approve LUC24-45697. RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Brent Malever AYE: Kesselring, London, Chairperson Lopez, and Malever ABSENT: Herzig-Arena EXCUSED: MacDonald, and Perez f. Second Nine Partners, LLC / ZON24-45698 Page 4 of 7 Planning & Zoning Commission Minutes July 8, 2024 Attachments: ZON24-45698 Memo ZON24-45698 Staff Report ZON24-45698 Case Map ZON24-45698 Aerial Map Foxwood III Foxwood Replat Declaration Shops at Foxwood Replat Motion to approve ZON24-45670. RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Brent Malever AYE: Kesselring, London, Chairperson Lopez, and Malever ABSENT: Herzig-Arena EXCUSED: MacDonald, and Perez g. Ami DiLorenzo and Robert Cole / ZON24-45670 Attachments: ZON24-45670 Memo ZON24-45670 Staff Report ZON24-45670 Case Map ZON24-45670 Aerial Map Senior Planner, Emily Johnson displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact for ZON24-45670. Mr. Lopez asked if staff looked at the parking requirements. Ms. Johnson replied that she made the applicant aware that a parking lot would have to be installed. Rebecca DiLorenzo, 504 SE 8th Street, Ocala, FL, said they have a site plan and the parking would be in the back of the property. Motion to approve ZON24-45670. RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Brent Malever AYE: Kesselring, London, Chairperson Lopez, and Malever ABSENT: Herzig-Arena EXCUSED: MacDonald, and Perez 5. Planned Development a. Ocala 42nd Street Residential, LLC / PD24-45565 Page 5 of 7 Planning & Zoning Commission Minutes July 8, 2024 Attachments: PD24-45565 Memo PD24-45565 Staff Report PD24-45565 Case Map PD24-45565 Aerial Map Chief Planning Official, Endira Madraveren, displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact for PD24-45565. W. James Gooding III, Gooding & Batsel PLLC, 1531 SE 36th Avenue, Ocala, FL, provided a brief power point presentation of the rezoning from PUD-07, Planned Unit Development, to PD, Planned Development, to allow 528 multifamily units and maintain 30,000 square feet of medical office.The architectural standards will be consistent with the Grand Oaks Center PUD existing buildings plan that was approved in 2012. Richard Busch, Kimley Horn, 1700 SE 17th Street, Suite 200, Ocala, FL, explained that the water from this site drained down to the El Dorado subdivision and a large retention area was designed behind Publix to deal with the drainage issues. Another retention facility will be built on the north east area of the property to hold all of this development's water on-site. Amber Gartner, Kimley Horn, 1700 SE 17th Street, Suite 200, Ocala, FL, said this project has a concurrency development agreement that was executed in 2013, which obligated the developer to do certain transportation improvements.The proposed development is showing a reduction of the number of trips and the proposed uses are within the vesting rights. Michael Opitz, HOA President of El Dorado, 3576 SW 24th Avenue Road, Ocala, FL, said the HOA is working with the engineer. Ms. Campbell said the School Board is starting to have re-zoning conversations because the project will impact the new Winding Oaks Elementary School. Liberty Middle School might add a wing to the school and by August 2027 there will be a new high school in the southwest Motion to approve rezoning for PD24-45565. Ms Madraveren explained that staff is attempting to keep things consistent with City Council, the first action was the rezoning and the second action is for the PD Planned Development and Standards Book. RESULT: APPROVED MOVER: Brent Malever SECONDER: Daniel London AYE: Kesselring, London, Chairperson Lopez, Malever, and Campbell ABSENT: Herzig-Arena Page 6 of 7 Planning & Zoning Commission Minutes July 8, 2024 EXCUSED: MacDonald, and Perez b. Ocala 42nd Street Residential, LLC / PD24-45565 Attachments: Resolution Memo Staff Report Exhibit A Grand Oaks Exhibit B Grand Oaks Motion to approve Planned Development and Standards Book for PD24-45565. RESULT: APPROVED MOVER: Richard "Andy" Kesselring SECONDER: Brent Malever AYE: Kesselring, London, Chairperson Lopez, and Malever ABSENT: Herzig-Arena EXCUSED: MacDonald, and Perez 6. Public Comments None. 7. Staff Comments Planning Director Aubrey Hale stated that staff is working on updating the report templates and memos will mirror the City Council agenda items, to create more consistency. 8. Board Comments None. 9. Next meeting: August 12, 2024 10. Adjournment The meeting adjourned at 6:42 pm. Page 7 of 7

Agenda

Ocala Planning & Zoning Commission Agenda - Final Monday, July 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 Jeanne Herzig-Arena allotted to the proponents/opponents of an issue, large groups Richard A.Kesselring are asked to name a spokesperson. Daniel London Justin MacDonald Persons with disabilities needing assistance to participate in any Brent Malever Olivia Perez 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. Endira Madraveren This meeting and past meetings may be viewed by selecting it Chief Planning Official https://www.ocalafl.gov/meetings. Staff Liaison Gabriela Solano Committee Secretary Planning & Zoning Commission Agenda - Final July 8, 2024 1. Call To Order a. Pledge of Allegiance b. Roll Call 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 June 21, 2024. a. Ocala Gazette Ad Attachments: July 8, 2024 Proof.pdf 3. Approval of Minutes a. June 10, 2024 Meeting Minutes Attachments: 6-10-24 Meeting Minues.pdf 4. Annexation / Land Use / Zoning Page 1 of 9 Planning & Zoning Commission Agenda - Final July 8, 2024 a. Second Nine Partners, LLC / ANX24-45693 Petitioner: Second Nine Partners, LLC Agent: Tillman & Associates Engineering, LLC Planner: Kristina Wright 352-629-8324 kwright@ocalafl.gov A request for annexation for property located approximately 600-feet north of the intersection at US Highway 27 and NW 49th Avenue, Lot 1 and Drainage Retention Area Tract A of the Foxwood III Replat (P.B. 14 Pg. 197), (Parcel 21509-001-01 and 21509+001-01), approximately 25.67 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, August 6, 2024, City Council meeting and second and final hearing at the Tuesday, August 20, 2024 City Council meeting. Attachments: ANX24-45693 Memo ANX24-45693 Staff Report ANX24-45693 Case Map ANX24-45693 Aerial Map 220312Z Foxwood Commons PUD Approval Letter Foxwood III Plat Page 2 of 9 Planning & Zoning Commission Agenda - Final July 8, 2024 b. Second Nine Partners, LLC / LUC24-45694 Petitioner: Second Nine Partners, LLC Agent: Tillman & Associates Engineering, LLC Planner: Kristina Wright 352-629-8324 kwright@ocalafl.gov A request to change the Future Land Use designation from Commercial (County) to Low Intensity (City), for property located approximately 600-feet north of the intersection at US Highway 27 and NW 49th Avenue, Lot 1 and Drainage Retention Area Tract A of the Foxwood III Replat (P.B. 14 Pg. 197), (Parcel 21509-001-01 and 21509+001-01), approximately 25.67 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, August 6, 2024, City Council meeting and second and final hearing at the Tuesday, August 20, 2024, City Council meeting. Attachments: LUC24-45694 Memo LUC24-45694 Staff Report LUC24-45694 Case Map LUC24-45694 Aerial Map 220312Z Foxwood Commons PUD Approval Letter Foxwood III c. Second Nine Partners, LLC / ZON24-45695 Petitioner: Second Nine Partners, LLC Agent: Tillman & Associates Engineering, LLC Planner: Kristina Wright 352-629-8324 kwright@ocalafl.gov Attachments: ZON24-45695 Memo ZON24-45695 Staff Report ZON24-45695 Case Map ZON24-45695 Aerial Map 220312Z Foxwood Commons PUD Approval Letter Foxwood III Page 3 of 9 Planning & Zoning Commission Agenda - Final July 8, 2024 d. Second Nine Partners, LLC / ANX24-45696 Petitioner: Second Nine Partners, LLC Agent: Tillman & Associates Engineering, LLC Planner: Andrew Gray 352-629-8305 agray@ocalafl.gov A request annexation for property located approximately 300-feet north of the intersection at US Highway 27 and NW 46th Terrace, Drainage Retention Area Tract B of the Foxwood III Replat (P.B. 14 Pg. 197), (Parcel 21509+001-02), approximately 1.85 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, August 8, 2024, City Council meeting and second and final hearing at the Tuesday, August 20, 2024 City Council meeting. Attachments: ANX24-45696 Memo ANX24-45696 Staff Report ANX24-45696 Case Map Second Nine Partners LLC ANX24-45696 Aerial Map Second Nine Partners LLC Foxwood III Foxwood Replat Declaration Shops at Foxwood Replat Page 4 of 9 Planning & Zoning Commission Agenda - Final July 8, 2024 e. Second Nine Partners, LLC / LUC24-45697 Petitioner: Second Nine Partners, LLC Agent: Tillman & Associates Engineering, LLC Planner: Andrew Gray 352-629-8305 agray@ocalafl.gov A request to change the Future Land Use designation from Commercial (County) to Low Intensity (City), for property located approximately 300-feet north of the intersection at US Highway 27 and NW 46th Terrace, Drainage Retention Area Tract B of the Foxwood III Replat (P.B. 14 Pg. 197), (Parcel 21509+001-02), approximately 1.85 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, August, 6, 2024, City Council meeting and second and final hearing at the Tuesday, August 20, 2024 City Council meeting. Attachments: LUC24-45697 Memo LUC24-45697 Staff Report LUC24-45697 Case Map LUC24-45697 Aerial Map Foxwood III Shops at Foxwood Replat Foxwood Replat Declaration Page 5 of 9 Planning & Zoning Commission Agenda - Final July 8, 2024 f. Second Nine Partners, LLC / ZON24-45698 Petitioner: Second Nine Partners, LLC Agent: Tillman & Associates Engineering, LLC Planner: Andrew Gray 352-629-8305 agray@ocalafl.gov A request to rezone from B-2, Community Business (County), to B-2, Community Business (City), for property located approximately 300-feet north of the intersection at US Highway 27 and NW 46th Terrace, Drainage Retention Area Tract B of the Foxwood III Replat (P.B. 14 Pg. 197), (Parcel 21509+001-02), approximately 1.85 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, August 6, 2024, City Council meeting and second and final hearing at the Tuesday, August 20, 2024 City Council meeting. Attachments: ZON24-45698 Memo ZON24-45698 Staff Report ZON24-45698 Case Map ZON24-45698 Aerial Map Foxwood III Foxwood Replat Declaration Shops at Foxwood Replat Page 6 of 9 Planning & Zoning Commission Agenda - Final July 8, 2024 g. Ami DiLorenzo and Robert Cole / ZON24-45670 Petitioner: Ami DiLorenzo and Robert Cole Agent: Rebecca Lorenz Planner: Emily Johnson 352-629-8313 ewjohnson@ocalafl.gov A request to rezone from R-2, Two-Family Residential, to RO, Residential-Office, for property located at 406 SE 8th Street (Parcel 2820-101-004), approximately 0.31 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, August 6, 2024, City Council meeting and second and final hearing at the Tuesday, August 20, 2024 City Council meeting. Attachments: ZON24-45670 Memo ZON24-45670 Staff Report ZON24-45670 Case Map ZON24-45670 Aerial Map 5. Planned Development Page 7 of 9 Planning & Zoning Commission Agenda - Final July 8, 2024 a. Ocala 42nd Street Residential, LLC / PD24-45565 Petitioner: Ocala 42nd Street Residential, LLC Agent: W. James Gooding III Gooding & Batsel PLLC Planner: Endira Madraveren 352-629-8440 emadraveren@ocalafl.gov A request to rezone from PUD-07, Planned Unit Development, to PD, Planned Development, for property located approximately 850-feet north and 1,200-feet east of the intersection at SW 27th Avenue and SW 42nd Street (Parcel 23930-000-00, 23930-002-00, 23930-003-00, 23930-003-01, 23930-003-03, and 23930-005-00), approximately 52.82 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, August 6, 2024, City Council meeting and second and final hearing at the Tuesday, August 20, 2024, City Council meeting. Attachments: PD24-45565 Memo PD24-45565 Staff Report PD24-45565 Case Map PD24-45565 Aerial Map Page 8 of 9 Planning & Zoning Commission Agenda - Final July 8, 2024 b. Ocala 42nd Street Residential, LLC / PD24-45565 Petitioner: Ocala 42nd Street Residential, LLC Agent: W. James Gooding III, Gooding & Batsel, PLLC Planner: Endira Madraveren 352-629-8440 emadraveren@ocalafl.gov A request to approve a PD, Planned Development plan and standards book for property located approximately 850-feet north and 1,200-feet east of the intersection at SW 27th Avenue and SW 42nd Street (Parcel 23930-000-00, 23930-002-00, 23930-003-00, 23930-003-01, 23930-003-03, and 23930-005-00), approximately 52.82 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 at the Tuesday, August 20, 2024 City Council meeting. Attachments: Resolution Memo Staff Report Exhibit A Grand Oaks Exhibit B Grand Oaks 6. Public Comments 7. Staff Comments 8. Board Comments 9. Next meeting: August 12, 2024 10. Adjournment Page 9 of 9

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