Planning & Zoning Commission
Regular MeetingOcala, FL · August 12, 2024
Minutes
110 SE Watula Avenue
Ocala Ocala, FL 34471
Planning & Zoning Commission www.ocalafl.gov
Minutes
Monday, August 12, 2024 5:30 PM
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
Present Richard "Andy" Kesselring, Daniel London, Chairperson Kevin
Lopez, and Justin MacDonald
Absent Jeanne Herzig-Arena
Excused Allison Campbell
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 July 26th, 2024.
a.
Attachments: August 12th, 2024 Proof
3. Approval of Minutes
a.
Attachments: 7-8-24 Minutes.pdf
RESULT: APPROVED
MOVER: Richard "Andy" Kesselring
SECONDER: Daniel London
AYE: Kesselring, London, Chairperson Lopez, and MacDonald
ABSENT: Herzig-Arena
4. Annexation / Land Use / Rezoning
a. B I Realty LLC / ANX24-45690
Page 1 of 7
Planning & Zoning Commission Minutes August 12, 2024
Attachments: ANX24-45690 Memo & Ordinance
ANX24-45690 Staff Report
ANX24-45690 Case Map
ANX24-45690 Aerial Map
Opposition Letter_RaceTrac_Silver Springs
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
ANX24-45690, LUC24-45691, and ZON24-45692.
Mr. Lopez asked for the proposed number of pump stations. Rob Batsel, 1531 SE 36th
Avenue, Ocala, FL, 34471, displayed maps and said there will be five high fuel diesel
pumps in the rear that will accommodate one way traffic. The intersection on SW 40th
Avenue which becomes SW 3rd Street and SW 37th Avenue is a frontage road. The City
approved an agreement with the county to turn over county roads in segments to the City.
Mr. Batsel said the goal is to line up the signalized access on the south side of State Road
40 with existing access at NW 40th Avenue. The City's lift station on the south will be
moved more to the south to avoid complications on the west and the curve will be a
direct alignment. RaceTrac will pay for the design for the construction of the signal of
the right of way permits for west property boundary. Mr. MacDonald asked if there is
only one signal light on the west. Mr. Batsel replied yes and it is going through the
Department of Transportation (DOT).
Robert Gordon, 4120 W. Silver Springs Boulevard, Ocala, FL, said he has concerns
about the impact on the neighborhood, traffic, noise, property values and environmental
factors. Mr. Gordon asked what is permissible under the low intensity zoning and is it
compatible with the surrounding properties. Mr. Batsel replied that the City did a good
job in addressing zoning, noise and traffic.This property was a derelict site that was
demolished by the City and will be a positive development coming in to the city.
Mr. MacDonald asked about the environmental concerns. Mr. Batsel replied the
proposed development is where it needs to be because there is central water and sewer
and will have to comply with all the necessary environmental requirements. This request
will not be going to Council until there is a Developer's Agreement in place, but the
applicant wants to move forward as soon as possible to start construction.
Motion to approve ANX24-45690, a request for annexation for the property located at
4040 West Silver Springs Boulevard along with the property located directly to the
south, (Parcel 22866-000-02 and 22866-000-03), approximately 5.86 acres.
RESULT: APPROVED
MOVER: Richard "Andy" Kesselring
SECONDER: Justin MacDonald
AYE: Kesselring, London, Chairperson Lopez, and MacDonald
ABSENT: Herzig-Arena
Page 2 of 7
Planning & Zoning Commission Minutes August 12, 2024
b. B I Realty LLC / LUC24-45691
Attachments: LUC24-45691 Memo & Ordinance
LUC24-45691 Staff Report
LUC24-45691 Case Map
LUC24-45691 Aerial Map
Opposition Letter_RaceTrac_Silver Springs
Motion to approve LUC24-45691, to change the Future Land Use designation from
Commercial (County) to Low Intensity (City) for the property located at 4040 West
Silver Springs Boulevard along with the property located directly to the south, (Parcel
22866-000-02 and 22866-000-03), approximately 5.86 acres.
RESULT: APPROVED
MOVER: Richard "Andy" Kesselring
SECONDER: Justin MacDonald
AYE: Kesselring, London, Chairperson Lopez, and MacDonald
ABSENT: Herzig-Arena
c. B I Realty LLC / ZON24-45692
Attachments: ZON24-45692 Memo & Ordinance Final
ZON24-45692 Staff Report
ZON24-45692 Case Map
ZON24-45692 Aerial Map
Opposition Letter_RaceTrac_Silver Springs
Motion to approve ZON24-45692, a request to rezone from B-2, Community Business
(County), to B-2, Community Business (City), for the property located at 4040 West
Silver Springs Boulevard along with the property located directly to the south, (Parcel
22866-000-02 and 22866-000-03), approximately 5.86 acres.
RESULT: APPROVED
MOVER: Richard "Andy" Kesselring
SECONDER: Justin MacDonald
AYE: Kesselring, London, Chairperson Lopez, and MacDonald
ABSENT: Herzig-Arena
d. Walmart Stores East LP / ZON24-45716
Attachments: ZON24-45716 Memo and Ordinance
ZON24-45716 Staff Report
ZON24-45716 Case Map
ZON24-45716 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
ZON24-45716.
Mr. Lopez asked if there are changes to the entry or exit access. Ms. Johnson replied no.
Page 3 of 7
Planning & Zoning Commission Minutes August 12, 2024
Robert Volpe, 119 S. Monroe Street, Suite 500, Tallahassee, FL, said it is a minor zoning
change and the access does not change.
Motion to approve ZON24-45716, a request to rezone from B-2, Community Business,
to SC, Shopping Center, for property located approximately 807-feet northwest of the
intersection of SE 36th Avenue and SE Maricamp Road (Parcel 29850-000-20),
approximately 0.36 acres.
RESULT: APPROVED
MOVER: Justin MacDonald
SECONDER: Kevin Lopez
AYE: Kesselring, London, Chairperson Lopez, and MacDonald
ABSENT: Herzig-Arena
e. CR 462 Property LLC / ZON24-45729
Attachments: ZON24-45729 Memo & Ordinance
ZON24-45729 Staff Report
ZON24-45729 Case Map
ZON24-45729 Aerial Map
Planner II Breah Miller displayed maps and various photos of the property and adjacent
properties while providing staff comments and the findings of fact for ZON24-45729.
Mr. Kesselring asked if the area south of the electrical lines was residential. Ms. Miller
replied no, it is zoned M-1.
Rodney Rogers, 1105 SE 3rd Avenue, Ocala, FL, said the former owner was going to
build an event center, but decided to build on the property to the north.
Motion to approve ZON24-45729, a request to rezone from B-2, Community Business,
to M-1, Light Industrial, for property located at 240 SW 46th Avenue (Parcel
2284-006-000), approximately 9.10 acres.
RESULT: APPROVED
MOVER: Richard "Andy" Kesselring
SECONDER: Daniel London
AYE: Kesselring, London, Chairperson Lopez, and MacDonald
ABSENT: Herzig-Arena
f. APMRHK LLC / ZON24-45738
Attachments: REVISED ZON24-45738 Memo and Ordinance
REVISED ZON24-45738 Staff Report
ZON24-45738 Case Map APMRHK LLC
ZON24-45738 Aerial Map APMRHK LLC
Boundary Sketch - - APMRHK LLC
Page 4 of 7
Planning & Zoning Commission Minutes August 12, 2024
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 ZON24-45738.
Mr. Lopez asked if the active code enforcement violation is for the parked cars on the
grass. Ms. Madraveren replied yes, because this is not a permitted use in a B-5 or M-1
district.
Jon Harvey, Tillman Associates, 1720 SE 16th Avenue, Ocala, FL, said he was not aware
of the code enforcement violation, but the client wants the zoning district changed to
allow parking for manufactured homes on the site.
Mr. Lopez asked if the property is going to be used for storage or retail sales. Mr. Harvey
replied it will be a little of both.
Motion to approve, a request to rezone from M-1, Light Industrial, to B-5, Wholesale
Business, for a portion of the property located at 1500 SW 17th Avenue (Parcel
23656-015-02), approximately 2.16 acres.
RESULT: DENIED
MOVER: Justin MacDonald
SECONDER: Daniel London
AYE: London, and MacDonald
NAY: Kesselring, and Chairperson Lopez
ABSENT: Herzig-Arena
g. City of Ocala / LUC24-45740
Attachments: Memo-Ord LUC24-45740
LUC24-45740 staff report
Ex.A-Plat Shoppes on 27 pb12pg33-B70J163
Ex.B-LUC24-45740 Case Map City of Ocala
Ex.C-LUC24-45740 Aerial Map City of Ocala
Ex.D-24-000786 Boundary Survey Parcel 21512-000-00_signed
Ex.E-Deed Recorded
Ex.F-ORD5613
Ex.G-Shared Maintenance Agreement 6510-1519
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
LUC24-45740 and ZON24-45741.
Motion to approve LUC24-45740, a request to change the Future Land Use designation
from Low Intensity to Public, for property located approximately 300-feet south of the
intersection at US Highway 27 and NW 45th Terrace (Parcel 21512-000-00).
RESULT: APPROVED
Page 5 of 7
Planning & Zoning Commission Minutes August 12, 2024
MOVER: Richard "Andy" Kesselring
SECONDER: Daniel London
AYE: Kesselring, London, Chairperson Lopez, and MacDonald
ABSENT: Herzig-Arena
h. City of Ocala / ZON24-45741
Attachments: Memo-Ord ZON24-45741 Fire Station 8 Final
Ex. A-Plat Shoppes on 27 pb12pg33-B70J163
Ex.B-ZON24-45741 Case Map City of Ocala
Ex.C-ZON24-45741 Aerial Map City of Ocala
Ex.D-24-000786 Boundary Survey Parcel 21512-000-00_signed
Ex.E-Deed Recorded
Ex.F-ORD5613
Ex.G-Shared Maintenance Agreement 6510-1519
Motion to approve ZON24-45741, a request to rezone from B-4, General Business, to
G-U, Governmental Use, for property located approximately 300-feet south of the
intersection at US Highway 27 and NW 45th Terrace (Parcel 21512-000-00),
approximately 7.80 acres.
RESULT: APPROVED
MOVER: Richard "Andy" Kesselring
SECONDER: Daniel London
AYE: Kesselring, London, Chairperson Lopez, and MacDonald
ABSENT: Herzig-Arena
5. Public Comment
None.
6. Staff Comment
Ms. Madraveren thanked Mr. Kesselring for the years of service on the Board. Mr. Kesselring
said he submitted his letter of resignation to City Council and this will be his last meeting.
Planning Director Aubrey Hale said Brent Malever resigned and a Vice Chair will need to be
appointed by the Board.
7. Election of Vice Chairman
a. Vice Chairman
Mr. Kesselring nominated Joe London for Vice Chairman.
There being no further discussion the motion carried by roll call vote.
RESULT: APPROVED
MOVER: Richard "Andy" Kesselring
SECONDER: Kevin Lopez
Page 6 of 7
Planning & Zoning Commission Minutes August 12, 2024
AYE: Kesselring, London, Chairperson Lopez, and MacDonald
ABSENT: Herzig-Arena
8. Board Comments
None.
9. Next meeting: September 9th, 2024 at 5:30 pm
10. Adjournment
The meeting adjourned at 6:26 pm.
Page 7 of 7
Agenda
Ocala Planning & Zoning Commission Agenda -
Final
Monday, August 12, 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 August 12, 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. 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 July 26th, 2024.
a. Ocala Gazette Ad
Attachments: August 12th, 2024 Proof
3. Approval of Minutes
a. July 8th, 2024 meeting and minutes
Attachments: 7-8-24 Minutes.pdf
4. Annexation / Land Use / Rezoning
a. B I Realty LLC / ANX24-45690
Petitioner: B I Realty, LLC & Racetrac, Inc.
Agent: Robert W. Batsel, Jr. Esq., Gooding & Batsel, PLLC
Planner: Emily Johnson 352-629-8313
ewjohnson@ocalafl.gov
A request for annexation for property located at 4040 West Silver Springs
Boulevard along with the property located directly to the south, (Parcel 22866-000-02 and
22866-000-03), approximately 5.86 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, September 3rd, 2024, City Council meeting and second and final hearing at
the Tuesday, September 17th, 2024, City Council meeting.
Attachments: ANX24-45690 Memo & Ordinance
ANX24-45690 Staff Report
ANX24-45690 Case Map
ANX24-45690 Aerial Map
Opposition Letter_RaceTrac_Silver Springs
Page 1 of 6
Planning & Zoning Commission Agenda - Final August 12, 2024
b. B I Realty LLC / LUC24-45691
Petitioner: B I Realty, LLC & Racetrac, Inc.
Agent: Robert W. Batsel, Jr. Esq., Gooding & Batsel, PLLC
Planner: Emily Johnson 352-629-8313
ewjohnson@ocalafl.gov
A request to change the Future Land Use designation from Commercial (County)
to Low Intensity (City), for property located at 4040 West Silver Springs Boulevard along
with the property located directly to the south, (Parcel 22866-000-02 and 22866-000-03),
approximately 5.86 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, September 3rd, 2024, City Council meeting and second and final hearing at
the Tuesday, September 17th, 2024 City Council meeting.
Attachments: LUC24-45691 Memo & Ordinance
LUC24-45691 Staff Report
LUC24-45691 Case Map
LUC24-45691 Aerial Map
Opposition Letter_RaceTrac_Silver Springs
Page 2 of 6
Planning & Zoning Commission Agenda - Final August 12, 2024
c. B I Realty LLC / ZON24-45692
Petitioner: B I Realty, LLC & Racetrac, Inc.
Agent: Robert W. Batsel, Jr. Esq., Gooding & Batsel, PLLC
Planner: Emily Johnson 352-629-8313
ewjohnson@ocalafl.gov
A request to rezone from B-2, Community Business (County), to B-2,
Community Business (City), for property located at 4040 West Silver Springs Boulevard
along with the property located directly to the south, (Parcel 22866-000-02 and 22866-000
-03), approximately 5.86 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, September 3rd, 2024, City Council meeting and second and final hearing at
the Tuesday, September 17th, 2024, City Council meeting.
Attachments: ZON24-45692 Memo & Ordinance Final
ZON24-45692 Staff Report
ZON24-45692 Case Map
ZON24-45692 Aerial Map
Opposition Letter_RaceTrac_Silver Springs
d. Walmart Stores East LP / ZON24-45716
Petitioner: Walmart Stores East LP
Agent: Robert Volpe, Holtzman, Vogel, Baran, Torchinsky, & Josefiak, PLLC
Planner: Emily Johnson 352-629-8313
ewjohnson@ocalafl.gov
A request to rezone from B-2, Community Business, to SC, Shopping Center, for
property located approximately 807-feet northwest of the intersection of SE 36th Avenue
and SE Maricamp Road (Parcel 29850-000-20), approximately 0.36 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, September 3rd, 2024, City Council meeting and second and final hearing at
the Tuesday, September 17th, 2024, City Council meeting.
Attachments: ZON24-45716 Memo and Ordinance
ZON24-45716 Staff Report
ZON24-45716 Case Map
ZON24-45716 Aerial Map
Page 3 of 6
Planning & Zoning Commission Agenda - Final August 12, 2024
e. CR 462 Property LLC / ZON24-45729
Petitioner: CR 462 Property, LLC
Agent: Rodney Rogers, P.E., Rogers Engineering & Land Surveying, LLC
Planner: Breah Miller 352-629-8341
bmiller@ocalafl.gov
A request to rezone from B-2, Community Business, to M-1, Light Industrial, for
property located at 240 SW 46th Avenue (Parcel 2284-006-000), approximately 9.10
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, September 3rd, 2024, City Council meeting and second and final hearing at
the Tuesday, September 17th, 2024, City Council meeting.
Attachments: ZON24-45729 Memo & Ordinance
ZON24-45729 Staff Report
ZON24-45729 Case Map
ZON24-45729 Aerial Map
f. APMRHK LLC / ZON24-45738
Petitioner: APMRHK, LLC
Agent: Tillman & Associates Engineering, LLC
Planner: Andrew Gray 352-629-8305
agray@ocalafl.gov
A request to rezone from M-1, Light Industrial, to B-5, Wholesale Business, for
a portion of the property located at 1500 SW 17th Avenue (Parcel 23656-015-02),
approximately 2.16 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, September 3rd, 2024, City Council meeting and second and final hearing at
the Tuesday, September 17th, 2024, City Council meeting.
Attachments: REVISED ZON24-45738 Memo and Ordinance
REVISED ZON24-45738 Staff Report
ZON24-45738 Case Map APMRHK LLC
ZON24-45738 Aerial Map APMRHK LLC
Boundary Sketch - - APMRHK LLC
Page 4 of 6
Planning & Zoning Commission Agenda - Final August 12, 2024
g. City of Ocala / LUC24-45740
Petitioner: City of Ocala
Planner: Kristina Wright 352-629-8324
kwright@ocalafl.gov
A request to change the Future Land Use designation from Low Intensity to
Public, for property located approximately 300-feet south of the intersection at US
Highway 27 and NW 45th Terrace (Parcel 21512-000-00), approximately 7.80 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, September 3rd, 2024, City Council meeting and second and final hearing at
the Tuesday, September 17th, 2024, City Council meeting.
Attachments: Memo-Ord LUC24-45740
LUC24-45740 staff report
Ex.A-Plat Shoppes on 27 pb12pg33-B70J163
Ex.B-LUC24-45740 Case Map City of Ocala
Ex.C-LUC24-45740 Aerial Map City of Ocala
Ex.D-24-000786 Boundary Survey Parcel 21512-000-00_signed
Ex.E-Deed Recorded
Ex.F-ORD5613
Ex.G-Shared Maintenance Agreement 6510-1519
Page 5 of 6
Planning & Zoning Commission Agenda - Final August 12, 2024
h. City of Ocala / ZON24-45741
Petitioner: City of Ocala
Planner: Kristina Wright 352-629-8324
kwright@ocalafl.gov
A request to rezone from B-4, General Business, to G-U, Governmental Use, for
property located approximately 300-feet south of the intersection at US Highway 27 and
NW 45th Terrace (Parcel 21512-000-00), approximately 7.80 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, September 3rd, 2024, City Council meeting and second and final hearing at
the Tuesday, September 17th, 2024, City Council meeting.
Attachments: Memo-Ord ZON24-45741 Fire Station 8 Final
Ex. A-Plat Shoppes on 27 pb12pg33-B70J163
Ex.B-ZON24-45741 Case Map City of Ocala
Ex.C-ZON24-45741 Aerial Map City of Ocala
Ex.D-24-000786 Boundary Survey Parcel 21512-000-00_signed
Ex.E-Deed Recorded
Ex.F-ORD5613
Ex.G-Shared Maintenance Agreement 6510-1519
5. Public Comment
6. Staff Comment
7. Board Comment
8. Next meeting: September 9th, 2024 at 5:30 pm
9. Adjournment
Page 6 of 6
Get email alerts for Ocala
A daily email when new agendas and minutes are posted.