Commissioners split over 151-unit PUD on Southwest Seventh Avenue after traffic, stormwater and public-safety concerns

After more than two hours of staff presentations, consultant testimony and public comment on May 19, the Marion County Board of County Commissioners voted on rezoning case 250507ZP, a request by Lake Louise LLC to rezone 9.51 acres from Single-Family Dwelling (R-1) to Planned Unit Development (PUD) to allow up to 151 multifamily dwelling units. The hearing focused on traffic impacts along Southwest Seventh Avenue and nearby 30th/40th Streets, stormwater and emergency response capacity, and drew more than a dozen residents to the podium with safety and quality-of-life concerns.

Growth Services staff member Kathleen Bagnoli summarized the proposal and the staff analysis, saying the property is in Marion County’s urban residential future land use designation (8–16 dwelling units per acre), inside the urban growth boundary and within the primary springs protection overlay. Staff noted letters of availability for water and sewer from the City of Ocala had been provided and recommended conditional approval but identified several items that must be resolved in master-plan review, including legally binding agreements if the county portion relies on stormwater or amenities on the adjacent city-owned phase. "The PUD should be limited to the maximum of 151 multifamily units and developed consistent with the PUD plan provided," Bagnoli said as she reviewed required setbacks, buffers and conditions.

County traffic reviewers and consultant Amber Gartner of Kimley‑Horn discussed trip generation and access. Gartner summarized the county review: the county portion’s trip generation is estimated at 1,269 daily trips, with a PM peak of 85 trips (54 in, 31 out); roughly 91% of peak traffic was modeled to use Southwest Seventh Avenue, and 9% would use an eastern connection. Gartner said the maximum directional impact on Seventh Avenue would be 36 additional peak-hour trips. She noted the traffic assessment scoped adjacent segments and one nearby intersection and concluded the county portion alone would not create a transportation deficiency beyond existing conditions, but that the intersection at Southwest 30th Street and Seventh Avenue is already congested. "Maximum impact on Southwest Seventh Avenue from a directional standpoint is 36 trips during 1 hour," Gartner said.

Don Watson, senior engineer in the county engineer’s office, told commissioners that under background growth conditions some nearby segments reach Level-of-Service D, close to capacity, and that the 30th/Seventh intersection is currently failing in the PM peak hour. Watson said a signal at that intersection and turn-lane improvements would improve operations for Seventh Avenue approaches but could increase delay on 30th Street. Watson recommended several mitigation measures, including a signal at SW 30th/Seventh and new turn lanes; he also noted the need for 25 feet of right-of-way dedication along SW Seventh Avenue and that a 370-foot southbound left-turn lane was included in the study’s design.

Fire and EMS capacity was raised by staff and residents. Bagnoli reported Marion County Fire Rescue recommended additional suppression and transport resources could be warranted as development adds demand; staff provided response-time figures showing the closest county station about six minutes away, and noted mutual-aid agreements with the City of Ocala. Residents said they experience long delays exiting onto 30th and 40th Streets and described existing traffic backups and pavement failures on Seventh Avenue and nearby segments.

More than a dozen residents testified against approval. Main concerns included existing congestion, pavement condition and crash history on nearby corridors; stormwater runoff and localized flooding on lower parcels; emergency response capacity; school capacity for Osceola Middle and Belleview High (cited in public comment); and potential loss of neighborhood character and property-value impacts. Several residents cited queuing and safety problems at the 30th/Seventh intersection and said construction traffic would exacerbate existing pavement deterioration.

Applicant counsel Rob Batzel and traffic consultant Amber Gartner told the board the applicant has entered a concurrency development agreement with the City of Ocala covering a larger, multi‑parcel development and that the agreement and proposed conditions would require signalization and turn-lane construction before certificates of occupancy for the development’s buildings. Batzel said the applicant was willing to accept county conditions tying site construction and COs to signal and turn-lane completion and to pursue dedication or acquisition of right-of-way for a southbound left-turn lane at the northern driveway as required by county traffic staff. "These conditions adequately address [the traffic concerns]," Batzel said.

After extended deliberation, Commissioner Zalick moved to deny rezoning case 250507ZP on the grounds it would adversely affect the public interest; Commissioner Bryant seconded. The motion to deny was recorded in the transcript as carrying by a 3–2 vote. (The transcript includes subsequent procedural remarks and a later motion to "move the ordinance" with a separate vote reported as unanimous; those entries are internally inconsistent in the audio transcript and are noted below.)

The transcript records the denial vote outcome as 3–2 (denial approved) and identifies ongoing conditions staff said would be necessary for any future approval, including: construction of a signal at SW 30th Street and SW Seventh Avenue and associated turn lanes prior to approval of relevant improvement plans; dedication of 25 feet of right-of-way along SW Seventh Avenue; confirmation of any off-site stormwater agreements and recorded instruments to allow use of the city-phase stormwater ponds; internal sidewalks and open-space commitments; and limits to the PUD to a maximum of 151 multifamily units with requirements to maintain common areas.

The board’s action will be memorialized in the official minutes. Commissioners and staff noted the record contains detailed conditions that would mitigate many traffic, stormwater and safety concerns if a future applicant or developer returns with binding agreements and completed improvements.