ZONING COMMISSION MEETING MINUTES September 27,2010

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1 I Zoning Commission - September 27,2010 Page 1 I } ZONING COMMISSION MEETING MINUTES September 27,2010 The Marion County Zoning Commission met on September 27,2010 at 5:30 p.m. in the Board of County Commissioners auditorium, 601 SE 25 th Avenue, Ocala, Florida. The following members were present: Chairman Gary Smith, Greg Lord, Danny Gaekwad, Andy Kesselring and 1 st Alternate Member Terry Thompson. Staff members present were: County Attorney Jeff Fowler; Zoning Manager Sam Martsolf; Senior Planners Chris Rison and Andrew Persons; and Staff Assistant IV Jan Stevens. Chairman Smith called the meeting to order at 5:30 pm. Mr. Martsolf read the Proof of Publication and the Affidavit of Mailing and Posting of Notice, and advised that the meeting was properly advertised. All records pertaining to notice to property owners, all correspondence and other related information pertaining to individual Zoning Change and Special Use Permit requests are located in the Zoning Department files for record purposes. Greg Lord gave the invocation, followed by the Pledge of Allegiance. The secretary called the roll and confirmed that a quorum was present. Chairman Smith explained the procedure for the meeting to the audience. Actions of the Zoning Commission are advisory to the Board of County Commissioners, which will meet on October 19, 2010 at 2:00 p.m. '1 Mr. Martsolf explained the Consent Agenda procedure and read the three (3) items listed on the Consent Agenda to the audience. These items had no opposition, and staff is recommending approval for each: ITEM NO. OWNER'S NAME FROM-TO ACREAGE Z Donald Dizney A-1 to B of I j SU Carol James (Chazel McCorvey) Special Use Permit in A j SU Sprint - Florida, Inc.lEmbarq Corp. (Carson, LLC, Agent) Special Use Permit in B-4 ±0.50 A citizen wished to have item Z - Donald Dizney - removed from the Consent Agenda for individual consideration. Motion was made by Mr. Thompson, seconded by Mr. Kesselring, to recommend approval of the two remaining items (101006SU and SU) listed on the Consent Agenda.! Motion passed 5 to O. t 1

2 SU Rodney Randall - Mr. Martsolf announced that a request was received, by Legal Counsel for the applicant, for this item to be continued until the October 25,2010 Zoning Commission Meeting due to counsel's previous commitment (court hearing). Motion was made by Mr. Kesselring, seconded by Mr. Gaekwad, to continue this item until the October 25, 2010 Zoning Commission meeting. Motion passed 5 to O. The following items are recommended for individual consideration: Z - Donald R. Dizney, 899 SW 85 th Avenue, Ocala FL, request to rezone of acres, from A-1 (General Agriculture) to B-2 (Community Business) for development of a shopping plaza, and any other use permitted in a B-2 zone, on a portion of Parcel Account No , Senior Planner Andrew Persons explained staffs recommendation for approval of the request. Mr. Martsolf announced that 26 property owners were notified, with no written opposition within 300 feet. Attorney Dan Hicks, 421 South Pine Avenue, Ocala FL (representing Mr. Dizney) distributed copies of a Traffic Analysis for 2008 Large Scale Comprehensive Plan Amendment prepared by Kimley-Horn and Associates, Inc., and Population and Demographics information prepared by LPG Urban and Regional Planners, Inc. for Mr. Dizney. He explained basic contents of the studies and Mr. Dizney's plan to develop a shopping plaza at west SR 40 and SW 80 th Avenue. Mr. Dizney's Double D Farm is 420 acres, of which is proposed for this project. Mr. Hicks stated that this project started with a Large Scale Land Use Amendment, went to DCA and has been deemed in compliance. The zoning is compatible and the property is not in an Environmentally Sensitive Overlay Zone. He added that water & sewer service would be from City of Ocala and that Golden Ocala also has plenty of capacity. Transportation would involve SW 80 th and SR 40. SR 40 is in the 5-year plan for 4-laning, and all area roadways have adequate capacity. He stated that any increased traffic generated by the proposed project is consistent with the goals of the Marion County Comprehensive Land Use Plan. Public Comment: Linda Tiffany, 542 SW 79 th Terrace (Falls of Ocala), expressed the following concerns: Although she supports commercial developments, she has concerns about development to continue on down SW 80 th Avenue, which is primarily residential. She asked that, if this request is granted, a buffer be required. Mr. Hicks stated that only 23 acres of 420 acres would be rezoned, and the horse farm would be the buffer. He added that buffering requirements are typically addressed during the site plan approval process. Zoning Commission - September 27,2010 Page 2

3 Motion by Mr. Lord, seconded by Mr. Thompson, to agree with staffs findings and recommendation, and recommend approval of the request, based on the following findings of fact: 1. Is compatible with the surrounding land uses 3. Will not adversely affect the public interest Motion passed 5 to O SU Dale &Carol Eudy, 4248 SW 186 th Court, Dunnellon FL, request for Special Use Permit to allow a dog breeding kennel, for up to 75 dogs, in an A-2 (Improved Agriculture) zone, on Parcel Account No Mr. Persons explained staffs recommendation for denial. Mr. Martsolf announced that 16 property owners were notified with two letters of opposition (12%) received from owners within 300 feet. Mr. Dale Eudy explained that he and his wife are small-scale hobby breeders of Chihuahuas and Pomeranians. Sizes range from 1.5 to 7 pounds. They breed for quality, sell only to homes (no businesses) - sometimes on internet, and have specific hours of operation. They do not board animals, and all dogs are AKC registered. The running pens are 8' X 28' with a 4-foot high fence, and waste is picked up daily and mixed with compost for plants. Mr. Eudy stated he plans to build a privacy fence. There was no one in the audience to speak for or against the request, and Chairman Smith closed the public portion of the meeting. When asked if the applicant was familiar with the Alternate Approval Conditions, Carol Eudy said she was but would like to have 40 breeding dogs, as 15 dogs is not enough to pay for the dogs they have. Mr. Persons stated that staff looked at other kennel operations to come up with the 15 dogs as a maximum condition, and that they were not aware of the breed when the recommendations were prepared. He added, however, that the Zoning Commission could recommend limiting the operation to certain breeds. Motion by Mr. Thompson, seconded by Mr. Kesselring, to agree with staffs findings and recommendation, and deny the request, based on the following findings of face: 1. Is not compatible with the surrounding land uses 2. Is not consistent with the Marion County Comprehensive Plan 3. Will adversely affect the public interest Motion passed 5 to O SU Peace River Refuge & Ranch, Inc. (Lisa Stoner, Agent) request for Special Use Permit for a non-profit wild animal sanctuary in an A-1 (General Agriculture) and R-4 (Residential Mixed Use) zone. Zoning Commission - September 27,2010 Page 3

4 Mr. Persons explained staff's recommendation for approval with conditions. Mr. Martsolf announced that 24 property owners were notified with one letter of opposition (.04%) being received within 300 feet. Lisa Stoner, 2545 Stoner Drive, Zolfo Springs FL, Vice President of Peace River Refuge, stated she wants to relocate the 70-acre wildlife refuge from Hardy County to the 80 acres located in Marion County. The R-4 zoned property is near the entrance and will not be developed - only the A-1 portion. She stated she has seen the Alternate Approval Conditions and would like for Condition #8 to be removed. There was no one in audience to speak for or against request and Chairman Smith closed the public portion of the hearing. Motion made by Mr. Kesselring, seconded by Mr. Thompson, to agree with staff's findings and recommendation, and recommend approval of the request with conditions, reducing setback requirements of Condition #8 from 50 feet to 35 feet, and amending the expiration date in Condition #17 from October 19, 2020 to October 19,2013, based on the following findings of fact: 1. Is compatible with the surrounding land uses 3. Will not adversely affect the public interest Motion passed 5 to O SU Robert Camp, 781 SE 129 th Terrace, Silver Springs FL, request for Special Use Permit to allow parking one commercial vehicle (tow truck) in an R-4 (Residential Mixed Use) j zone, on Parcel Account No l Mr. Persons explained staff's recommendation for approval with conditions. Mr. Martsolf announced that 20 property owners were notified, with no written opposition within 300 feet. A petition was received at this meeting containing over 20 signatures of individuals (at least 5 owners within 300 ft.) who have no opposition to this request. There was no one in the audience to speak for or against the request and Chairman Smith closed the public portion of the hearing. Mr. Persons stated there is a current Code violation on this property for unserviceable vehicles, but the actual violation was not for the commercial vehicle. Motion by Mr. Lord. seconded by Mr. Gaekwad, to agree with staff's findings and! s recommendation, and recommend approval with conditions 1 through13, based on the following findings of fact: I 1 l, 1. Is compatible with the surrounding land uses Zoning Commission - September 27,2010 Page 4

5 3. Will not adversely affect the public interest Motion passed 4 to 1, with Mr. Kesselring dissenting SU Bethesda Worship Center (Dave and Yvonne Wright), SW 35 th Avenue Road, Ocala FL, request for Special Use Permit to allow a community farmer's market and yard sale in a B-2 (Community Business) zone, on Parcel Account No Mr. Rison explained staff's recommendation for denial. Mr. Martsolf announced that 26 property owners were notified, with no written opposition within 300 feet. A letter was received from Marion Oaks Civic Association expressing opposition. Pastor Jarred Parris, Senior Pastor of Bethesda Worship Center, residing at 2715 SW 177 th Place Road, Requests a farmer's market on property owned by Ms. Wright. He stated that the worship center is a 501 C3 non-profit agency that serves hurting and needy families through means such as the farmer's market. He explained that he wishes temporary use of the land for this purpose. He added that he is familiar with the Alternate Approval Conditions and is in agreement with them, pending clarification on Conditions #5 (referring to "temporary stabilized driveway") and #7 - he wishes to extend the expiration date (currently May 5,2011). He said the farmer's market will not affect the land use as it will not exist upon expiration of the Special Use Permit. He added that a farmer's market serves the public and there should be no adverse affects from it. Public Comment: In Favor Brian Winston, SW 40 th Circle, stated he is a part of the farmer's market and has seen how the Bethesda Worship Center has managed the area - public safety, traffic situation and the use of the property. He feels this would be a successful addition to the community, as people are able to make money to take care of their families. Opposed Phyllis Nesmith, 3348 SW 137 th Loop, asked that the Zoning Commission seriously consider the opposition to this Special Use Permit Request. She submitted a petition signed by concerned citizens of Marion Oaks (75 signatures - none within 300 feet). A "yard sale" on Marion Oaks Boulevard would be unsightly and is not in keeping with the businesses and medical plazas that had to conform to the Marion Oaks Deed Restrictions. Victor Franzes, 1854 E. Gay Dancer Circle, Inverness, stated he has commercial property at 128 Marion Oaks Boulevard and is making a large capital investment in this area. He states his concerns are: the size of the proposed farmer's market; increase in traffic, and especially the parking problem. Jim Rafferty, 4326 SW140TH St. Road, Marion Oaks, showed a map of the subdivision and explained. The subdivision had a plan for coordinated growth; there is good compatible drinking water; and there are good deed restrictions. The business owners try to keep this an aesthetically pleasing subdivision. He noted that flea markets are not an approved activity in the Marion Oaks community. Zoning Commission - September 27,2010 Page 5

6 Janice Dobkey, SW 35 th Circle, wants to keep the entrance looking good; wants to preserve Marion Oaks. There was no one else in the audience wishing to speak for or against the request, and Chairman Smith closed the public portion of the hearing. Pastor Parris said that the USDA completed a study in 2007, and found that a farmer's market is a key ingredient for an a1~~uent community. He contends that they are compatible and are helpful in keeping homeowners afloat in this economy. With regard to the question of parking, there are 40 spots allotted and they have never gone over that. There is no parking on the easement, and there are additional spaces available if the need arises. He added there are no deed restrictions being violated. He said he had been cited for no occupational license in 2006 but occupational licenses are no longer required so he is no longer in violation. Mr. Lord asked if the Center holds a farmer's market or a flea market, as he is hearing opposition to the flea market but not the farmer's market. Pastor Parris stated it is a combination farmer's and flea market. Pastor Parris asked for clarification on Alternate Approval Conditions #5 and #7. Mr. Persons explained, with regard to Condition #5 that the driveway would be limerock stabilizers; and with Condition #7, the proposed expiration date coincides with the expiration of the site plan for the strip plaza. Staff did not feel comfortable extending the time any further. Motion made by Mr. Lord, seconded by Mr. Gaekwad, to disagree with staffs recommendation for denial, and recommend approval for a farmer's market only, and delete "community yard sale" from Alternate Approval Conditions #2, #3, and #4, based on the following findings of fact: 1. Is compatible with the surrounding land uses 3. Will not adversely affect the public interest Motion passed 4 to 1, with Mr. Kesselring dissenting SU Carl Grills, 4450 NE 142 nd Place, Anthony FL, request for Special Use Permit to allow parking of 2 additional commercial vehicles (for a total of 3 semi trucks and trailers) in an A-1 (General Agriculture) zone, on Parcel Account No (lots 273 through 276 to be combined). ' Mr. Rison explained staffs recommendation for denial. He stated that one of the commercial vehicles is owned by an individual who does not reside on the property. Mr. Martsolf announced that 23 property owners were notified, with no written opposition within 300 feet. One letter of opposition was received from an owner outside the 300 foot buffer. Mr. Martsolf added that a petition was also received this date containing approximately 140 signatures of residents in favor of the request (8 owners were within 300 feet). Zoning Commission - September 27,2010 Page 6

7 Gordon Johnston, Attorney with Hanratty, Thomas &Montgomery, 723 E. Fort King Street, Ocala FL, and counsel for Mr. Grills, stated that some of staff recommendations are not in compliance with the Comprehensive Plan. He added that they now want the Special Use Permit for Mr. Grills' vehicle only, on lot 274 (4.85 acres) only; the other five lots to serve as a buffer. Mr. Grills and his 71-year-old father (whose truck has been parked on the property for several years) live on the subject property. The Code violation cited in 2008 was dropped. The previous owner had a Special Exception allowing parking of commercial vehicles on the property and Mr. Grills purchased the property intending to continue that use. There is a current Code violation for commercial vehicle parking. Mr. Johnston offered the following: The property is completely buffered (video available for viewing); accesses to his property are on the north and south ends; Mr. Grills comes off CR316 and traverses 4i h Avenue, only.2 miles, to get to his property. He travels slowly and creates as little dust as possible. Mr. Grills' closest neighbor lives out of state. With regard to staff's Alternative Approval Conditions (AAC's), the applicant has the following concerns: AAC #4 -re: Mechanical repairs - Mr. Grills changes oil on-site. Environmental authorities remove oil from his holding tank and transport it for disposal. Mr. Johnston suggested allowing "minor mechanical repairs and maintenance". AAC#7 - re: Ingress/egress - would be from NE 142 nd Place and NE 140 th Place AAC #8 - re: Apron - feels aprons would not be necessary - both are unpaved roads. AAC #13 - re: Expiration - feels since Mr. Grills' father is aging and will not be driving for much longer, that the expiration date should be later than staff recommended. Mr. Johnston showed photos of the subject property. Carl Grills stated that the main reason he purchased property in 1999 was because of the Special Use Permit (SUP). The truck is his father's, and he resides with Mr. Grills. He will only be driving the truck a couple more years and wishes to continue parking the vehicle on his property for security reasons. If the Special Use Permit is rejected he will lose his livelihood. He has never received any complaints about the truck being on the property. PUBLIC COMMENT: In Support: Stacy Weeks, 4870 NE 142 nd Place -lives next door; no complaints; roads are not bad; no kids playing on roads; Mr. Grills keeps his property clean; water in the area has been tested numerous times and it is on record as being 100% good. Julie Moore, 4545 NE 142 nd Place (less than 300 feet from Grills); Mr. Grills drives slowly; his truck is very well lit; never creates a disturbance or a danger; children ride dirt bikes and 4 wheelers in the area with no problems. Zoning Commission - September 27,2010 Page 7

8 Carla Feathers - Lived there 13 years; didn't know a truck was being parked there for 10 years; is opposed to taking another person's livelihood from him; he is never a problem. James Bedford, 4440 NE 140 th Place - Has lived there 7+ years; no problems; drives slower than 4-wheelers; always courteous; has no objections to Mr. Grills parking his vehicle there. Opposed: Charles Jarrell NE 38 th Avenue, Sparr - has lived there 36 years; wasn't aware Mr. Grills had more than one truck; land is not zoned for trucks and doesn't want it in his back yard; concerned about road conditions if trucks are allowed on NE 38 th Avenue, as the residents paid for paving it. Thomas Northey, NE 38 th Avenue, Sparr - Concerns: increased traffic; road conditions if trucks are allowed; safety concerns regarding cargo. Danny Richardson, NE 38 th Avenue, Sparr - Could solve everyone's problem by putting signs at end of each road with weight limit; bottom line is protecting paved roads. Teresa Forsythe, NE 140 th Avenue - only concern is that if people weren't here to oppose, the applicant would expand his request for more trucks. Chairman Smith closed the public portion of the hearing. Mr. Johnston related the following: 1) The applicant will use only NE 4i h (in and out) from both 140 th and 142 nd ; 2) Weight limits are controlled and enforced by FOOT; 3) The applicant does not load and unload - these are lowboy trailers only, and loading and unloading are done off-premises; the trailers cannot haul hazardous materials; the trucks will travel in and out 2-3 times a month; there are no local deliveries. Motion made by Mr. Kesselring, seconded by Gaekwad, to disagree with staff's findings and recommendation to deny, and recommend approval of the request for 1 truck only, amending Condition #4 to allow only minor mechanical repairs permitted by this and existing permits to take place on site; eliminating condition #12; and amending condition #7 to reflect that ingress/egress will be from both NE 142 nd Place and NE 140 th Place; and to recommend to the Board of County Commissioners that they examine some additional signage for NE 38 th Avenue, based on the following findings of fact: 1. Is compatible with the surrounding land uses 3. Will not adversely affect the public interest During discussion Mr. Lord pointed out that this is the first time mechanical repairs have been allowed. Mr. Kesselring stated his reasoning was that this is such a large parcel and probably minor items can be done with no impact to the neighbors. Mr. Thompson stated that there were no such restrictions on the original Special Exception granted on this parcel. With Mr. Kesselring's approval, Mr. Lord amended the motion to leave all conditions as they were stated in the Alternate Approval Conditions recommended by staff. Zoning Commission - September 27,2010 Page 8

9 Ij l I! Zoning Commission - September 27,2010 Page 9 1 t 1 1 The amendment to the motion was seconded by Mr. Gaekwad, and passed on a vote of 4 to 1, with Mr. Thompson dissenting. The original motion passed 4 to 1, with Mr. Thompson dissenting. MINUTES: Motion made by Mr. Thompson, seconded by Mr. Gaekwad, to approve the Minutes of the August 30,2010 Zoning Commission meeting, as distributed. Motion passed 5 to O. ADJOURN: The meeting adjourned at 7:25 pm Attest: Gary I