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Planning & Zoning Commission

Regular Meeting

Ocala, FL · August 12, 2024

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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

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