Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS DRAFT. May 8, 2014

Transcription

1 Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS The Marion County Board of County Commissioners met in a special session in Commission Chambers at 6:02 p.m. on Thursday, at the Marion County Governmental Complex located in Ocala, Florida. Upon roll call the following members were present: Chairman Carl Zalak, District 4; Vice-Chairman Stan McClain, District 3; Commissioner David Moore, District 1; and Commissioner Earl Arnett, District 5. Commissioner Kathy Bryant, District 2, arrived shortly after the meeting commenced. Also present were County Attorney Matthew G. Minter and County Administrator Lee A. Niblock. The meeting opened with the Pledge of Allegiance to the Flag of our Country. Comprehensive Plan/Contracts & Agreements/Ordinances Chairman Zalak welcomed everyone to tonight s public hearing regarding the Marion County Comprehensive Plan. Deputy Clerk Windberg presented Proof of Publication of a display ad entitled, Notice of Change of Land Use Marion County Comprehensive Plan, published in the Star Banner newspaper on April 28, The Notice stated the Board would hold a public hearing to consider the 2013 Marion County Comprehensive Plan Amendment. Commissioner Bryant arrived at 6:03 p.m. Planning Division staff presented a 1 page agenda; a 12 page document entitled, Sunny Oaks Estates, LLC, Amended and Restated Developer s Agreement ; and a spiral bound document entitled, Marion County, Florida, Comprehensive Plan 2035 Goals, Objectives and Policies, Comprehensive Plan Update Adoption Public Hearing 5/8/14. Growth Services Director Gregory K. Stubbs, AICP, advised that the Comprehensive Plan process began approximately 1 year ago, noting the proposed Plan was transmitted for review to the Florida Department of Economic Opportunity (DEO); Florida Department of Transportation (FDOT); to both the Southwest Florida Water Management District (SWFWMD) and the St. Johns River Water Management District (SJRWMD); as well as the Florida Department of Environmental Protection (FDEP). He referred to the spiral bound document, noting the first 12 pages contained a copy of Marion County s response to agency comments (Items A through H). Mr. Stubbs addressed comments from FDEP and the water management districts in regard to well head protection, noting staff would be providing supplemental language that would be added into the Plan to address those concerns. He stated an amended Developer s Agreement was being submitted for the Sunny Oaks Estates Regional Activity Center Overlay (RGAC) project located at the CR 318/Irvine Interchange at I-75. Mr. Stubbs commented on an issue regarding the Leeward Air Ranch property, noting staff identified the parcel had a Specialized Commerce District land use designation, but the property owner was now requesting a lesser intensity of Employment Center land use designation. Chairman Zalak thanked staff for its collaborative efforts in bringing the Board of County Commissioners (BCC) a clean document for consideration. Book T, Page 431

2 Chairman Zalak opened the floor to public comment. Jimmy Gooding, SE 36 th Avenue, advised that he represented the Estate of James Dirk Leeward, noting the subject property was immediately to the west of the developed portion of the Leeward Air Ranch project. He stated the existing land use designation was Urban Commerce District; however, the property was now going to be developed as either standalone hangars for the adjacent Air Ranch, which would require an Industrial type land use designation or as part of the fly-in community that would have a Residential designation with accessory hangars. The existing land use designation (Urban Commerce District) was a mixed use land designation, which allowed for Industrial, Commercial and Limited Residential uses. The proposal by staff for a Commerce Center land use designation was one of the more intense (Commercial and Industrial) classifications in Marion County and did not allow for residential uses. Mr. Gooding opined that the Commerce Center land use designation was not compatible with the surrounding residential uses. He advised that he was requesting an Employment Center land use designation to allow for a less intense, mixed use and residential development. Mr. Gooding advised that since the request was for a less intense classification, it was not too late for the County to change the land use designation in the Comprehensive Plan at tonight s public hearing. He noted staff was already proposing to change the subject property s land use from Urban Commerce District to Commerce Center; however, the property owner was now requesting a lower intensity designation, which was compatible with the surrounding area. Jan Lemon, SW 158 th Lane, commented on a proposed change to the land use designation on SW 20 th Avenue Road. She stated 220 acres would be designated Medium Density Residential and another 30 acres would be designated Commercial. Ms. Lemon expressed concern for the residents living in the surrounding area if the BCC allowed an increase in density on the subject site. She advised that she resided just outside of the 300 feet notification zone process and requested the BCC direct staff to notify her, as well as the SummerGlen Homeowners Association (HOA) if the developer applied for a more intense rezoning classification (i.e., Planned Unit Development (PUD)). Ms. Lemon commented on the subject site and presented a 9 page handout, which contained photographs of the former Purple Carrot Farm. She addressed the plastic greenhouse structures and billboards, noting many were broken or falling down, which was becoming a safety issue. In response to Chairman Zalak, Mr. Stubbs advised that Code Enforcement had been out to the property, which was found to be structurally sound. Susan McHaffey, SE 14 th Street, opined that the property located by I-75 and CR 484 should be kept as farm land. She expressed concern with the loss of agricultural land throughout the United States (US). Darlene Weesner, SW 80 th Street, expressed concern that the Comprehensive Plan did not address scenic roads. She commented on big companies that were able to cut down trees to put up power lines. Ms. Weesner addressed the need to protect the springs from road run-off and nitrogen overloads due to over development. She requested the BCC reject the proposed Comprehensive Plan. Ronald Fein, SW 100 th Street, advised of his opposition to any employment increase in the area where he lived (CR 475 and CR 484). He opined that farms produced employment in Marion County, such as veterinarians, farriers, farm workers, Page 432, Book T

3 etc. Mr. Fein requested the BCC deny the request to change the land use designation near Shady Road. Girard Krebs, SW 27 th Avenue, advised that he was a retired University Professor and had submitted research reports to Federal, State and local agencies throughout his career with regard to development, architecture and preservation activities (cost analysis, environmental impact, etc.). He commented on the equine activities that took place in the Shady area and expressed concern that Marion County was becoming over built. Susan Hamra, SW 30 th Avenue, commented on the Equine Commercial Support District, noting the Horse Park had not done as well as expected; however, more time was needed in order for it to work. Michelle Shearer, SE 85 th Street, President of the Shady Greenway Conservation Alliance, opined that the Equine Commercial Support District was a step to try and get commercial on property that should be rural. She noted her opposition to the Employment Center and opined more community meetings were needed before the Board adopted the Comprehensive Plan. Stan Post, SW 16 th Avenue Road, commented on the deteriorating condition of the former Purple Carrot Farm property. He advised that when the property was purchased, the owner knew there was existing zoning in place, noting it was not fair for a property owner to have the expectation that the County would infringe on surrounding neighbors by allowing a high rise in the middle of an agricultural community. Raven Walters, SW 16 th Avenue, noted the purpose of the Comprehensive Plan update was to eliminate a number of land use changes and promote economic stimulus. She advised that County planners once had the foresight to designate the region in between I-75 and CR 484 as a rural transition area. Ms. Raven advised that although green space was vital, the County could not forsake areas that could bring economic vitality and opined that conservation, preservation and development were not opposing ideas. Chairman Zalak advised that the public comment portion was now closed. Comprehensive Plan Chairman Zalak stated the Board would now address Mr. Gooding s land use designation request regarding the Leeward property. Commissioner McClain questioned if the BCC agreed with a lesser density land use designation for the property would it change any procedure at the State level. Mr. Stubbs advised that the State would still have 31 days (after transmittal) to comment on the proposed Comprehensive Plan, noting he did not think the amended designation request would change their opinion. Chairman Zalak suggested that as the Comprehensive Plan was released, the BCC may want to take a six month window of time to consider any amendments that may be needed or requested by property owners. Commissioner Bryant clarified that the six month timeframe would be for property owners included in the County s proposed land use designation changes that did not want the change. County Attorney Minter expressed concern that a situation could occur where a proposal could be brought before the Board at the last minute that, in all fairness, should have involved staff analysis/evaluation prior to BCC action. General discussion ensued. Book T, Page 433

4 It was the general consensus of the Board to allow a six month timeframe for staff to reconsider land use designation amendments that were changed in the proposed Comprehensive Plan. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to grant the land use designation change from Commerce District to Employment Center on Parcel Numbers and The motion was unanimously approved by the Board (5-0). Comprehensive Plan/Contracts & Agreements Mr. Stubbs referred to the 12 page document entitled, Sunny Oaks Estates, LLC, Amended and Restated Developer s Agreement, noting staff had plenty of time to review the amended Agreement; however, Mr. Minter had not. He stated staff could bring the matter back at a later date in order to allow the Legal Department more time to review the document. Mr. Stubbs commented on a language change on page 4, paragraph 7.a., in regard to right of way donation, which would be amended to read, in part, Owner shall convey to the County, free and clear of all liens, fee simple title to a strip or parcel of land along the Northern frontage of the property consisting of fifty feet (50 ) in width and lying south of the existing southern right of way line of said CR 318. Mr. Minter referred to page 2, paragraph 4. and recommended the word commenced be replaced by been completed, which would amend the sentence to read, in part, This agreement and the land use amendment described herein shall be subject to the condition subsequent that construction of at least 25,000 s.f. of Non- Residential uses must have been completed within 10 years following the date of adoption of Comprehensive Plan Amendment 14-1ESR. It was the general consensus of the Board to concur. Mr. Minter referred to page 3, paragraph 6.b., which read as follows: The owner will be granted building permits for residential dwelling units subsequent to or simultaneous with the issuance of building permits for a minimum of 25,000 s.f. of Nonresidential uses, provided no certificate of occupancy shall be issued for the residential construction prior to substantial completion of construction of such Non-residential uses. and questioned if that meant the developer had to obtain building permits to cover at least 25,000 s.f. of Commercial prior to receiving building permits for residential. Mr. Stubbs concurred. Mr. Minter commented on page 4, paragraph 7.a., and requested the portion that read, in part, from property under its ownership be changed to read the property. It was the general consensus of the Board to concur. He referred to conflicting wording found on page 4 paragraph 7. Transportation Concurrency and paragraph 7.d. Proportionate share (page 5), noting one paragraph stated the owner shall construct and the other stated the owner shall be obligated to pay its proportionate share. Mr. Stubbs stated the owner may have to do both, it could be water, sewer or transportation. Mr. Minter questioned if the owner built it, why would he need to pay his proportionate share. David MacKay, SW College Road, attorney representing Sunny Oaks Estates, LLC, advised that it was his interpretation that they were trying to provide a mechanism whereby another owner may come before them and if there was a designated use or need, the developer would pay a proportionate share. Mr. Minter suggested paragraph 7.d. include the language for any other improvements determined to be required and not otherwise provided, owner shall be obligated, at minimum, to pay its proportionate Page 434, Book T

5 fair-share of such costs. It was the general consensus of the Board to concur. In response to Chairman Zalak, Mr. McKay nodded his agreement to the language change. Mr. Minter commented on page 7, paragraph 8.f. Other public facilities, and paragraph 9 (page 8), which appeared to be talking about the same thing. Mr. McKay concurred, noting it was a scrivener s error (duplicate paragraphs). He advised that paragraph 9 should read Any violation by Owner, Owner s heirs, successors, or assigns of any provision contained herein shall be considered as a violation of this agreement and may result in the suspension, cancellation or termination of development orders and permits related to the Property, by Marion County. Mr. Minter referred to page 7, paragraph 8.d., which read in part, any such potable water treatment facility shall be designed and constructed to provide the minimum capacity necessary to meet the then current demands of development upon the property and paragraph 8.c., which read in part, any such wastewater treatment plant shall be designed and constructed to provide the minimum capacity necessary to meet the then current demands of development upon the Property and requested the word minimum be removed from those sentences. Mr. McKay concurred, noting the County would have the option to take over the utility if it so desired, which the owner would donate; otherwise, it would be the owner s responsibility to operate and maintain the plant at its own cost. Mr. Minter advised that paragraph 8.e., referred to a separate Utility Services Agreement between Owner and Marion County and requested additional language be added to state that to the extent of any conflict between the Developers Agreement and the Utility Services Agreement, the Service Agreement would prevail. Mr. McKay concurred. Mr. Minter advised that with the above changes as agreed upon by Mr. McKay, he was comfortable with the Agreement. Chairman Zalak opened the floor to public comment. Michelle Shearer, SE 85 th Street, President of the Shady Greenway Conservation Alliance, expressed concern that the public did not receive a copy of the proposed Developer s Agreement for review. Chairman Zalak stated the BCC would recess so that staff could make copies of the proposed Agreement for citizen review. There was a recess at 7:12 p.m. The meeting reconvened at 7:26 p.m. with all members present. Chairman Zalak noted the Board would take a quick recess in order to allow the public time to review the Agreement. There was a recess at 7:27 p.m. The meeting reconvened at 7:29 p.m. with all members present. Chairman Zalak opened the floor to public comment. Susan McHaffey, SE 14 th Street, questioned the definition of a Regional Activity Center (RGAC) designation. Mr. Stubbs clarified that RGAC s were designated where the County would like to see activity within a large area for Commercial, Industrial and Residential uses. Darlene Weesner, SW 80 th Street, commented on the number of old lime rock Book T, Page 435

6 mines in this area and expressed concern that Commercial and Industrial development would have too big an impact on the farmland preservation area. She referred to page 4, paragraph 7.b., as it related to the projects phasing plan, noting those phasing steps needed to be monitored by staff. Chairman Zalak advised that the public comment portion was now closed. Mr. McKay reiterated that the developer was fine with the changes recommended by Mr. Minter. A motion was made by Commissioner McClain, seconded by Commissioner Moore, to approve transmittal of the proposed Marion County Comprehensive Plan Map and Text Amendments as presented, with the two staff recommended changes as follows: 1) the land use designation change from Commerce District to Employment Center on parcel numbers and ; and 2) the Developer s Agreement with Sunny Oaks Estates, LLC, to include the above language amendments as recommended by the County Attorney. Commissioner Bryant requested staff clarify the land use amendment next to the SummerGlen community. Mr. Stubbs advised that the land use plan amendment was for Medium Density Residential with a Commercial strip along the roadway. He stated the property owner would have to come before the Board prior to any development other than agricultural. Planning & Zoning (P&Z) Manager Sam Martsolf, advised that the underlying zoning was R-1, noting the land use did not match and was the reason staff was changing the land use. He noted the zoning change would allow for 4 units per acre, which was the same density as the SummerGlen subdivision. In response to Commissioner Bryant, Mr. Martsolf stated he would contact the property owner of the former Purple Carrot Farm in regard to the property s condition. The motion was unanimously approved by the Board (5-0). Comprehensive Plan/Ordinances A motion was made by Commissioner Bryant, seconded by Commissioner McClain, to adopt Ordinance The motion was unanimously approved by the Board (5-0). Ordinance was entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA; PROVIDING FOR FINDINGS; ADOPTING AN AMENDMENT TO THE MARION COUNTY COMPREHENSIVE PLAN, PURSUANT TO SECTION , FLORIDA STATUTES, INCLUDING THE FUTURE LAND USE MAP SERIES AND FULL DOCUMENT TEXT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ambulances/Contracts & Agreements/Ordinances Mr. Minter addressed a request for a Certificate of Public Convenience and Necessity (COPCN) application by Leopard Transport, Inc. relating to the operation of a private ambulance and medical transport service. He advised that the next step of the process was to schedule a public hearing at which time the BCC would consider the application. A motion was made by Commissioner Bryant, seconded by Commissioner McClain, to direct staff to schedule a public hearing on Tuesday, May 20, 2014 at 10:00 a.m. to consider the COPCN application by Leopard Transport, Inc. The motion was unanimously approved by the Board (5-0). Page 436, Book T

7 There being no further business to come before the Board, the meeting thereupon adjourned at 7:42 p.m. Attest: David R. Ellspermann, Clerk Carl Zalak, III, Chair Book T, Page 437

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