110 SE Watula Avenue

Ocala, FL 34471

Ocala

Board of Adjustment

Minutes

www.ocalafl.gov

5:30 PM

Monday, October 28, 2024

Call To Order

Pledge of Allegiance

Roll Call for Determination of a Quorum

Chairman James Hartley

George Carrasco Jr.

Vice Chair Dustin Magamoll

Rusty Juergens

Present:

Brent Malever

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 October 11, 2024.

BOA Proof 10282024

Attachments:

Approval of Minutes

There being no further discussion the motion carried by roll call vote.

RESULT:

APPROVED

MOVER:

Dustin Magamoll

SECONDER: Rusty Juergens

AYE:

Chairman Hartley, Carrasco, Vice Chair Magamoll, Juergens and

Malever

7-15-24 BOA Minutes.pdf

Attachments:

Special Exception

a. A-DENIV Corp / SE24-45761

SE24-45761 Staff Report

Attachments:

SE24-45761 Conceptual Plan

SE24-45761 Conceptual Elevations

SE24-45761 Case Map A Deniv Corp

SE24-45761 Aerial Map A Deniv Corp

Emily Johnson, Senior Planner displayed maps and various photos of the property and

adjacent properties while providing staff comments and the findings of fact for

SE24-45761.

William Menadier, Menadier Engineering, 13800 Tech City Circle, Alachua, FL, 32616

said he accepts all the conditions that are in the staff report.

Mr. Magamol asked for the buffering requirement along US Highway 27. Mr. Menadier

responded they are providing a twenty- foot street widening setback, twenty five-foot

rear yard setback, ten-foot landscape buffer around the perimeter and a eight- foot yard

setback on the east side. Ms. Johnson said they would have to provide a five- foot wide

landscape buffer between the parking area and US Highway 27.

Mr. Juergens said the landscape buffers would have to be maintained. Ms. Johnson

replied it would be a Code Enforcement issue if the landscape buffers are not maintained.

Mr. Magamoll asked if City Council denied the request. Ms. Johnson replied the

rezoning was denied, but indicated the special exception would be more appropriate for

the use.

Aubrey Hale Planning Director said going through special exceptions allows to add extra

conditions. Mr. Juergens asked for the future plan. Mr. Hale replied the City is going

through a 2050 vision update and includes corridor enhancements and the gateways

coming into the city.

Mr. Malever asked about the traffic. Mr. Menadier replied it is about 1.1 pm trips per

unit and increasing by fifteen to sixteen trips and the access would be off of Blichton

Road.

Craig Smith from Habitat Circle said their view is going to be blocked and Blitchton

Road will be more congested with the new development.

Glory Smith from Habitat Circle said it is a bad idea because there are a lot of kids in the

neighborhood and there is no space for the apartments.

Mr. Carrasco asked what the B-4 property is zoned for without any special exceptions.

Ms. Johnson replied B-4 is a general business district and zoned for car wash,

restaurants, hotel, auto supply store, building material store, department store, pawn

shops and a drug store. Mr. Carrasco opinioned that an apartment building is less

intensive then a fast food restaurant, or Dollar General and better for the neighborhood.

Mr. Menadier said commercial uses would be more intense and generate more traffic

than a 14 unit townhome/apartments. Mr. Carrasco asked how his development enhance

the safety of the children in the neighborhood. Mr. Menadier replied that they are

providing sidewalks and fencing as opposed to the existing grassy shoulder.

Motion to approve SE24-45761 a request to allow multi-family dwellings in the B-4

General Business, zoning district, for property located at the southeast corner of the

intersection of US Highway 27 and NW Old Blitchton Road (Parcel 22276-000-00)

approximately 1.20 acres.

RESULT:

MOVER:

APPROVED

George Carrasco, Jr.

SECONDER: Brent Malever

AYE:

NAY:

Chairman Hartley, Carrasco and Malever

Vice Chair Magamoll and Juergens

Legacy View Church / SE24-45800

Staff report-SE24-45800 Legacy View Church newest wLegistar edits

Attachments:

LEGACY-VIEW-CHURCH-SUP

Resident Response-SE24-45800

SE24-45800 Case Map Legacy View Church

SE24-45800 Aerial Map Legacy View Church

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

SE24-45800.

Mr. Carrasco asked if there was going to be outreach to the community. Pastor Danny

Nunn, 1734 and 1748 W. Silver Springs Boulevard responded there is no plan for

outreach yet, but their main focus is to establish a sanctuary place to worship.

Richard Ray James, 1717 SW Fort King Street, Ocala, FL, said he wanted to know the

days and the times of church service. He has been there 26 years and wants to know if

there will be sidewalks and a fence.

Chief Planning Official Endira Madraveren said 1717 SW Fort King is one of the four

properties in between the two parcels. Mr. Carrasco asked if he is in between the two

subject parcels. Ms. Madraveren replied yes in between the two yellow squares.

Carla Nunn, 1734 and 1748 W. Silver Springs Boulevard said the church service hours

will be Sunday 10:30 am to 2 pm, Monday thru Friday 8 am to 7 pm and no service on

Saturdays.

Growth Management Director Jeff Shrum said the times of service are applicable is if we

put a condition on the service hours. Mr. Carrasco asked what if the hours change. Mr.

Shrum responded it can be added as a condition and come back through a future special

exception to be reviewed. Mr. Hartley asked if the place of worship allows for a daycare.

Mr. Shrum replied not as a stand alone principal use, and that it would have to be

associated with the service.

Tina Albritton, 6183 NW 60th Street, Ocala, FL, said she donated the property to the

church and hopes they can open the church for the West side of Ocala.

Mr. Hale said he needed clarification on the wall that separates Mr. James property. Mr.

Sexton asked if the proposed fence is compliant with the setback requirements for the

church parcel. Mr. Hale replied yes and all improvements would be reviewed through the

site plan process.

Mr. James said he would not like a fence because there will be a problem with the trash.

Pastor Nunn said he was fine not putting a fence.

Mr. Juergens asked about Mr. James setbacks from the church property line. Mr. Hale

replied it is about fifteen- feet and if a fence goes in it would five- feet.

Motion to approve a request to allow a church/place of worship in the R-2, Two-Family

Residential, zoning for property located at 1734 and 1748 West Silver Springs Boulevard

(Parcel 22714-000-00 and 22715-000-00); approximately 1.05 acres with a revision on

number five to read: The site plan must include a 10 foot wide landscape buffer and may

include six foot wall or fences.

RESULT:

MOVER:

APPROVED

George Carrasco, Jr.

SECONDER: Dustin Magamoll

AYE: Chairman Hartley, Carrasco, Vice Chair Magamoll, Juergens and

Malever

Guinn III Properties, LLC / SE24-45855

SE24-45855 Staff Report

Attachments:

SE24-45855 Site Plan

SE24-45855 Legal Description

SE24-45855 Parking Analysis

2023 Concept Plan

SE24-45855_Case Advanced Tire

SE24-45855_Aerial Advanced Tire

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 SE24-45855.

Mr. Carrasco asked if there was a list of what they are able to do and not do. Ms. Miller

replied the previous conditions were carried over from 2023. Mr. Magamoll asked if

every condition that was approved in 2023 was moved to now. Ms. Miller replied yes,

except for the six month submittal deadline for the site plan, because it is currently under

review. Mr. Magamoll asked if the square footage is added. Ms. Miller responded yes, it

was approved for 15,000 square feet and now they are proposing 35,000 square feet and

it will be phased out. Mr. Magamoll asked if the special exception is for the expansion.

Ms. Miller replied it is for the modification and a parking reduction. Mr. Magamoll

asked for the allowed square footage for parking. Ms. Miller replied per the Code of

Ordinance, 37 parking spaces are required. Mr. Juergens asked if the street is residential

or industrial. Mr. Hale replied the project went through the West Ocala CRA Catalytic

grant which will include some beautification.

Jose Lopez, Kimley Horn, 1790 SE 17th Street, Ocala, FL said he was available to

answer questions.

Motion to approve SE24-45855 a request to allow a repair garage and associated parking

in the B-4, General Business zoning district, for property located at 2199 NW 10th

Street, approximately 4.84 acres.

RESULT:

MOVER:

APPROVED

George Carrasco, Jr.

SECONDER: Rusty Juergens

AYE:

RECUSED:

Public Comments

None.

Carrasco, Vice Chair Magamoll, Juergens and Malever

Chairman Hartley

Staff Comment

Mr. Shrum said there will be a short meeting to get a training on Sunshine Laws, board roles,

and staff roles before the end the end of the year. He said Code Enforcement, Board of

Adjustment, Planning and Zoning are the boards that he wants to prioritize to get them out of the

way and the CRA Boards later.

Board Comment

Mr. Hartley welcomed Mr. Malever to the board and asked if there were any vacancies. Ms.

Madraveren replied there are two vacant positions for the Board of Adjustment.

Next Meeting: Monday November 18, 2024 at 5:30 PM

Adjournment