March 21, Book W, Page 251

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1 Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS March 21, 2017 CALL TO ORDER: The Marion County Board of County Commissioners met in regular session in Commission Chambers at 9:04 a.m. on Tuesday, March 21, 2017 at the Marion County Governmental Complex located in Ocala, Florida. INVOCATION AND PLEDGE OF ALLEGIANCE: The meeting opened with invocation by Commissioner Moore and the Pledge of Allegiance to the Flag of our Country. 9:00 AM ROLL CALL: Upon roll call the following members were present: Chairman Carl Zalak, District 4; Vice Chairman Kathy Bryant, District 2; Commissioner David Moore, District 1; and Commissioner Jeff Gold, District 3. Commissioner Michelle Stone, District 5, was absent due to a prior commitment. Also present were Clerk David R. Ellspermann, County Attorney Matthew G. Minter and County Administrator Mounir Bouyounes. ANNOUNCEMENTS: Chairman Zalak addressed upcoming scheduled meetings as listed on the Commission Calendar (Item 12C). 1. PROCLAMATIONS/PRESENTATIONS/RESOLUTIONS: Upon motion of Commissioner Bryant, seconded by Commissioner Moore, the Board approved and/or ratified the following: 1A. PROCLAMATION - George Washington Gavel Days - Paul W. Ferguson, Zone 4 Chair, Public Relations, The Grand Lodge of Florida (Approval and Presentation) Chairman Zalak advised that Zone 4 Chairman Paul W. Ferguson, The Grand Lodge of Florida, is not present to accept the Proclamation at this time. He provided a brief overview of the Proclamation designating March 23 through 25, 2017 as "George Washington Gavel Days". On September 18, 1793, President George Washington led a group of citizens to an area that would become the nation's capital for the ceremonial laying of the cornerstone, where he presented a new gavel to the Master of Potomac Lodge NO.9. The gavel has been used in various symbolic ceremonies since that historic time. The 15 th Masonic District of Florida has arranged to bring the George Washington Gavel to Ocala, allowing citizens of the area a once in a lifetime opportunity to view this recognized historic national treasure. 2. GENERAL PUBLIC ITEMS: All members of the public wishing to speak during the "General Public" portion of the agenda will be limited to two (2) minutes to make their request or presentation and will be heard following scheduled requests, which are limited to five (5) minutes. For unscheduled requests, public comment request forms are available in the lobby. If the request or matter requires investigation by County staff, the Chairman will refer to staff for follow-up with the person making the request. Book W, Page 249

2 March 21,2017 2A. Jack Stackman - Medical cannabis dispensaries in unincorporated Marion County, Florida Jack Stackman, NE 248 th Avenue Road, Salt Springs, commented on recent newspaper articles addressing marijuana (cannabis) dispensaries/stores in the State offlorida. He opined that this matter is far from a settled issue at the state level. In response to Mr. Stackman, Commissioner Bryant advised that there are 4 different Senate Bills (SB) and 1 House Bill (HB) related to medical marijuana being considered this Session. Mr. Stackman opined that the Board of County Commissioners (BCC) only role should be to regulate what zoning classifications it will permit dispensaries to operate in and should allow the free market to determine how many dispensaries are needed throughout Marion County. He commented on the arbitrary way the BCC is considering the spacing allowed between each dispensary, the number of feet those stores must be from schools, churches, etc. Mr. Stackman questioned the requirement to have armed employees in the dispensaries. Commissioner Bryant commented on a recent Medical Marijuana Summit the Board attended and advised that the BCC is trying to do as much as the industry is doing in regard to requirements for armed personnel in stores and delivery vehicles. She addressed the proposed Bills and various requirements/standards that may be imposed, noting another BCC workshop is tentatively scheduled for Wednesday, May 10, 2017; however, it may have to be rescheduled to a later date to allow time to see what the state will do. Mr. Stackman expressed concern that the matter is being dragged out. General discussion ensued. In response to Mr. Stackman, Chairman Zalak advised that those who qualify may currently receive medical marijuana in oil or vapor form. Mr. Stackman opined that requiring dispensaries to obtain a Special Use Permit gives the BCC too much power over the process. 28. Richard Graybill - General Richard Graybill, SE 158 th Street, commented on economic systems throughout history, as well as current government and property taxes. He addressed the need for government to utilize an objective decision making process and noted every citizen has an obligation and duty to help make the country stronger. 2C. Hagan Smith - General Hagan Smith, SW 80 th Avenue, advised that he is the Investigative Administrator for the Common Law Grand Jury. He addressed the US Constitution, the court system, taxation, and the responsibility of government to protect the rights of the people. Mr. Smith commented on the county Treasury and opined that the process is very complex and confusing to most citizens. 20. Gene LaCross - EPA Gene LaCross, NE 22 nd Avenue, commented on egregious contracts citizens' unknowingly sign (i.e., drivers' license, hunting license, fishing license, birth certificates, etc.) and expressed concern that through the utilization of such documents, property and assets of US citizens are pledged as collateral for the National Debt. Page 250, Book W

3 2E. Louis Monaco - Request to put up signs for ATV riding on unpaved roads Louis Monaco commented on Florida Statute (FS) , which prohibits the operation of all-terrain vehicles (ATVs) upon public roadway or streets unless a county specifically votes to exempt out of the law. He questioned Marion County Codes relating to riding ATVs on county roads and rights-of-wp-y (ROW). Commissioner Bryant out at 9:42 a.m. Chairman Zalak advised that in 2006 Marion County chose not to opt out of the law; however, ATV's are still permitted to ride on private dirt roads. Mr. Monaco requested the county place signs that allow ATVs to utilize the original Hog Valley stagecoach road. Chairman Zalak directed staff to review that specific site, but noted the county does not usually place signage on unpaved, undedicated roads. Commissioner Bryant returned at 9:46 a.m. Commissioner Moore out at 9:47 a.m. 2F. Ron Raack - Constitutional Rights Ron Raac1<, SE 131 st Place, Ocklawaha, commented on common law, statutes, the US Constitution and the responsibility of government to protect the peoples' right of free speech. Commissioner Moore returned at 9:49 a.m. Mr. Raack addressed taxes, property exemptions, and equal justice under the law. 2G. Jason Halstead - Saving Mercy: An Organization for the Homeless Jason Halstead, SE 54 th Avenue, stated he is present today on behalf of Saving Mercy, which is a non-profit 501 (c)(3) organization comprised of concerned citizens dedicated to helping men and women who are chronically homeless. He advised that as of January 2017, it was estimated that there are over 500 homeless citizens living in Marion County. The estimated cost to taxpayers for each homeless individual for medical treatment, law enforcement and emergency services is approximately $32,000 annually. Mr. Halstead advised that Saving Mercy will be using the Housing First Model, which is a requirement from Housing & Urban Development (HUD) to be eligible for federal grant money, noting the organization will also utilize private money and donations from the community. The approach will be a "no barrier" facility for the chronically homeless to place them in their own apartment and provide services designed to improve their lives and keep them from being homeless again. Statistics show the Housing First Model has a success rate of approximately 85 percent (%). Mr. Halstead advised that the organization looked all over the county for property and found the Stage Stop Inn on Silver Springs Boulevard to be available for purchase. The property has been refurbished inside and out, and with a little more work will meet HUD standards for the Housing First Program. The cost of the property is $2.6 million and should be operational in less than 1 year. He stated the organization is working with the local Continuum of Care (COC) Program and the Florida Housing Coalition, while actively building relationships with other charities in the community, landlords, and local government agencies. In response to Chairman Zalak, Mr. Halstead stated the organization will send the BCC examples of other programs who utilize models similar to the Housing First Program. Chairman Zalak expressed concern that the proposed property (Stage Stop Inn) is located within the county's Community Redevelopment Area (CRA), which will take that Book W, Page 251

4 parcel off the tax role. He commented on the need for the BCC to have a broader discussion on this matter. In response to Commissioner Moore, County Administrator Mounir Bouyounes advised that staff is still working on the architectural standards that will be required within the CRA. Commissioner Gold questioned whether the plan to move forward with the project is dependent upon HUD funding. Mr. Halstead stated that is a possibility, but reiterated that is not the only source of funding. In response to Commissioner Bryant, Mr. Halstead advised that the proposed plan may require a Special Use Permit. Chairman Zalak concurred. 2H. Alisha Lewis - Re-Zoning of AZ Ocala Estates Alisha Lewis did not appear when called upon to speak. 21. General Public Comment (Limited to 2 Minutes Each Speaker): Brigitte Smith, SW 85 th Avenue, addressed the Board in regard to the need to escalate the maintenance of roads directly adjacent to Stanton Junior High School. She thanked County Engineer Tracy Straub, Office of the County Engineer (OCE), for attempting to make a plan for this project. Ms. Smith addressed the effect water runoff is causing (i.e., mold), particularly to homes on SW 134 th Avenue Road. She stated private donations were raised to place 50 yards of limestone rock on the road to help address the problem and requested the BCC help resolve the issue. Commissioner Gold stated he and Commissioner Moore are working on this matter. Commissioner Moore advised that he has spoken with the Florida Department of Transportation (FOOT) to determine if sidewalks can be placed in this area to help address the issue. He stated staff is working to address drainage issues; however, it is taking time to determine who actually has property rights (county, School Board, etc.) to the 2 roads and where funding will come from. County Administrator Bouyounes advised that the county has performed roadwork on SW 134 th Avenue Road within the limited ROWand staff is currently working with surrounding property owners to try and secure additional land in order to provide a drainage system for the road. He stated the dirt roads that lead into the school are not county maintained roads and will require a Municipal Service Taxing Unit (MSTU) for road improvements. Beverly LaCross, NE 22 nd Avenue, voiced her concerns with the yellow fringe on the American flag in Commission chambers. Chairman Zalak stated the indoor display flag is exactly as described by the Rules of Congress. 3. ADOPT THE FOLLOWING MINUTES: (2 sets) 3A. February 13, 2017 A 38. February 13, 2017 B A motion was made by Commissioner Moore, seconded by Commissioner Gold, to adopt the meeting minutes of February 13 (2 sets), The motion was unanimously approved by the Board (4-0). 4. CONSTITUTIONAL OFFICERS I GOVERNMENTAL ENTITIES: NONE 5. CLERK OF THE CIRCUIT COURT: Page 252, Book W

5 Upon motion of Commissioner Bryant, seconded by Commissioner Moore, the Board adopted the following Budget Amendment Resolutions transferring funds as presented by Clerk Ellspermann: 5A. Request Adoption of the Following Budget Amendment Resolutions: 5A1. 17-R Fire, Rescue and EMS Fund - Fire/Rescue Services - $65,340 5A2. 17-R General Fund - Facilities Management - $442,231 5A3. 17-R General Fund - Community Services/CDBG - $8,500 5A4. 17-R General Fund - Emergency Medical Services - $30,000 5A5. 17-R Local Housing Assistance Trust Fund - State Housing Initiative Partnership Act - $2,000 5A6. 17-R Marion Oaks MSTU - Marion Oaks Recreation - $1,000 5A7. 17-R Silver Springs Shores Special Tax District - Silver Springs Shores Recreation Facility - $1,000 5A8. 17-R Tourist Development Tax - Visitor and Convention Bureau - $4,510 (Ed. Note: EMS is the acronym for Emergency Medical Services; CDBG is the acronym for Community Development Block Grant; and MSTU is the acronym for Municipal Service Taxing Unit.) 58. Presentation of Annual Investment Performance Review Fiscal Year Ended September 30,2016, by Steven Alexander, PFM Asset Management, LLC Clerk Ellspermann presented the Annual Investment Performance Review Fiscal Year Ended September 30,2016. He introduced Steven Alexander, Managing Director, Public Financial Management (PFM) Asset Management, LLC. Managing Director Steven Alexander, PFM, South Orange Avenue, Orlando, gave a brief summary of the annual investment report, noting overall earnings increased $500,000 over the previous fiscal year (FY). He commented on the increase in short term interest rates. In response to Chairman Zalak, Mr. Alexander advised that county bonds are pooled into portfolios so that every fund gets to participate on a long and short term strategy basis. He referred to page 5 of the annual report and commented on returns versus the nationally recognized benchmark as prescribed by the investment policy, noting the county was at 144% versus the benchmark of 88%, which provided the county with a very nice return on investment (ROI). Mr. Alexander commented on the county's credit quality, which is "AA" on Standard & Poors (S&P) and "AAA" on Moodys. He thanked Clerk Ellspermann and his staff, noting all liquidity needs were met, as well as the safety of the portfolio. The last page of the report is an actual Allocation Compliance Report showing that everything was met; meaning that the permitted investments and the dollars invested in each of the categories satisfied the requirements of the investment policy. In response to Commissioner Bryant, Mr. Alexander advised that the firm is watching and fully aware of what is happening with bonds and investments at the state level. Clerk Ellspermann thanked Finance staff, especially Senior Accountant Michael Adams and Finance Director John Garri for working closely with Mr. Alexander. He noted Mr. Adams researched various counties and found Marion County has performed better than others around the State of Florida. 5C. Request Approval of Budget Workshop Schedule Book W, Page 253

6 Clerk Ellspermann presented the following recommendation from Budget Director Michael E. Tomich: Description/Background: Each year, the Board of County Commissioners schedules a series of budget workshops for the purpose of review and adjustments to the proposed annual budget for the upcoming fiscal year. Conclusion of the budget workshops includes adoption of the proposed (maximum) millage rates on or before the August 4, 2017 deadline. The following dates and times have been reserved in the Commission Auditorium for budget workshops. Detailed schedules will be prepared for review of the various operational budgets. All of the following dates and times will be reserved for budget workshops although the final schedule may not utilize all such times. Monday, July 10, 2017 (All Day) 9:00 AM - 12:00 PM /1 :30 PM PM Tuesday, July 11,2017 (All Day) 9:00 AM - 12:00 PM /1 :30 PM PM Wednesday, July 12, 2017 (All Day) 9:00 AM -12:00 PM /1:30 PM PM Thursday, July 13, 2017 (All Day) 9:00 AM - 12:00 PM /1 :30 PM PM Friday, July 14, 2017 (All Day) 9:00 AM - 12:00 PM /1 :30 PM PM Wednesday, July 19, 2017 (All Day) 9:00 AM - 12:00 PM /1 :30 PM PM Budget Impact: None. Recommended Action: Motion to approve the above workshop dates and times and direct the Clerk's Budget Office to schedule County Departments, Constitutional Officers, Outside Agencies and Other Operating Departments as necessary for the review of proposed budgets. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve the budget workshop schedule. The motion was unanimously approved by the Board (4-0). 50. Request To Dispose Of Records Pursuant To Section 28.31, Florida Statutes Clerk Ellspermann addressed the request to dispose of records pursuant to Section 28.31, Florida Statutes (FS). A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to approve the request by Clerk Ellspermann to dispose of records held by Marion County agencies in accordance with record retention schedule (GS1-SL), as approved by the State of Florida, Bureau of Archives & Records Management, Section 28.31, Florida Statutes. The motion was unanimously approved by the Board (4-0) Present Bond Ratings Clerk Ellspermann advised of an upcoming press release relating to a recent increase in the county's Sales Tax Revenue Bonds rating from "A" to "A+". The Sales Tax Revenue Bonds are issued for transportation projects to make the debt service payments. Chairman Zalak thanked Clerk Ellspermann and his staff for all their hard work. Clerk Ellspermann noted it is a joint effort between the Clerk's Office, County Administration and the BCC. 6. PUBLIC HEARINGS: NONE 7. CONSENT: A motion to approve the Consent Agenda is a motion to approve all recommended actions. All matters on the Consent Agenda are considered routine Page 254, Book W

7 and will be enacted by one motion. There will be no separate discussion unless desired by a Commissioner. Upon motion of Commissioner Bryant, seconded by Commissioner Moore, the Board acted on the Consent Agenda as follows: 7A. Growth Services: 7A1. Request Approval for a Release of Certification 'and Claim of Lien Junk and Litter Abatement and the Order of the Marion County Code Enforcement Board for Case No (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Samuel Martsolf: Description/Background: On November 16, 2005, the Code Enforcement Board imposed a fine on case AL (parcel account ) for junk and litter. The fine was not paid so a lien was recorded on December 12, 2005, and that lien attached to any real or personal property owned by Michael T. Cain and Patricia E. Cain. The County then abated the property by hiring a contractor to clear the violation and bring the property into compliance. A second lien was recorded against the same property for the abatement costs. It has recently come to our attention that the liens were recorded on the wrong parcel account number. The parcel in which the liens were recorded was and consists of lots 18, 19 and 20. The violation was actually located on parcel which consists of only lot 21. After discovery all case information was sent to the County Attorney's office for review. Attached is the LRM indicating that a release of lien is required for the above referenced liens. We will then record the Certification and Claim of Lien on the correct parcel, parcel no BudgeUlrnpact: None. Recommended Action: Motion to approve and execute a release of lien on both the code enforcement lien and the abatement lien for case AL that were recorded on an incorrect parcel account number. 78. Human Resources: 781. Request Approval of the Reclassification of the Building Safety Director Position Within the Marion County Building Safety Department Budget #3415 (Budget Impact Expenditure not to exceed $45,008.55) The Board accepted the following recommendation to adopt Resolution 17-R-071, as presented by Human Resources (HR) Director Amanda Tart: Description/Background: The recent vacancy of Building Safety Director has allowed the County Administrator and Human Resources Director to review the job description and pay grade of the position. The analysis of the job was conducted using the position description questionnaire (PDQ) within the Compensation Manager software of the Human Resources Department. According to this analysis the position of Building Safety Director should be classified as a pay grade of 32. Pay grade 32 has a range of $80, (minimum), $105, (mid) to $133, (maximum). The county administrator may authorize a starting salary up to the mid-level of the salary range based on the needs of the County. If the candidate selected is hired at the mid-level of pay grade 32, the impact to a full fiscal year budget will be $45, Book W, Page 255

8 March 21,2017 Therefore, we respectfully request the reclassification of the Building Safety Director position to a pay grade of 32. The resolution and job description are attached for consideration and approval. Budget/Impact: Expenditure not to exceed $45, to the Marion County Building Safety Department Budget #3415. Recommended Action: Motion to approve the reclassification of the Building Safety Director position within the Building Safety Department Budget #3415. Resolution 17-R-071 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, RECLASSIFYING ONE (1) BUILDING SAFETY DIRECTOR POSITION PAY GRADE 28 TO ONE (1) BUILDING SAFETY DIRECTOR POSITION PAY GRADE 32; WITHIN THE BUILDING SAFETY DEPARTMENT BUDGET #3415, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN. 7C. Procurement Services: 7C1. Request Approval of Project Amendment for Construction Manager: 12Q-055-PA 14 Marion County Jail Boiler Replacement - Dinkins Construction, LLC, Ocala, FL (Budget Impact - Neutral, expenditure amount not to exceed $137, as approved in FY 16/17 budget) The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen: Description/Background: On April 3, 2012 the Board approved contracts with two (2) Construction Managers (CM), the terms of which allow the County to select a CM depending on area of expertise, capacity, or availability. Facilities Management has assigned Marion County Jail Boiler Replacement to Dinkins Construction, LLC. The project involves removing and replacing eight (8) water heaters at the jail. It will also include electrical and circulation pump upgrades. The majority of the work will be performed by Southern Plumbing of Ocala and is scheduled to be completed within 120 days after notice to proceed. Attached for review is a draft of the contract with the proposal attached as Exhibit A. Pending approval at today's meeting, it will be forwarded to the CM for execution, as written, and upon return, be processed for the County Attorney's, Clerk's and Chairman's signatures. Budget/Impact: Neutral; expenditure amount not to exceed $137, Recommended Action: Motion to approve recommendation and authorize the Chairman to execute project amendment with Dinkins Construction, LLC for work under Marion County Jail Boiler Replacement, as identified in the scope of 12Q 055-PA-14. 7C2. Request Approval of Bid Award: 17B kW Generators for Marion County Sheriff Operations Building - Zabatt Engine Services, Inc. dba Zabatt Power Systems, Jacksonville, FL (Budget Impact - Neutral; expenditure of $122,191 as approved in FY 16/17 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen: Page 256, Book W

9 March 21,2017 Description/Background: On behalf of Facilities Management, a bid was advertised for the purchase, delivery and installation of two (2) 200kW, three-phase 277/480 volt, diesel fuel generators for the Marion County Sheriff Operations building. The generators that are currently installed and used as back-up in case of a power outage have become unreliable and are unable to be repaired due to replacement parts being obsolete. The base price included installation of the generators inside the existing generator building once the old ones are removed by Facilities staff. An alternate in lieu was allowed for possible installation of the generators on the vacant property behind the existing building. It is the Sheriff's preference that the generators be installed inside the existing building where the current generators are now. Procurement received two (2) responsive bids and two (2) bids were deemed non-responsive due to no dollar amount being submitted for the base price. The Alternate in Lieu was not accepted. Facilities Management Director, Andy R ace, reques t s t0 con t rac t WI ith th e I ow bidder I b ase d on the tab ui af Ion below: VENDOR BASE BID ALTERNATE IN LIEU Zabatt Power Systems $122, $100, CJ's Sales and Service $162, $109, AFC Standby Systems No Bid $109, On-Site Power, Inc. No Bid $125, Attached for review is a draft contract; pending approval at today's meeting, it will be sent to the vendor and upon return, will be forwarded for the County Attorney's, Clerk's and Board Chairman's signatures. Budget/Impact: Neutral; contract shall not exceed $122,191. Recommended Action: Motion to approve recommendation and allow staff to issue contract, and upon approval by Legal, authorize the Chairman to execute the contract with Zabatt Power Systems for bid 17B-077. (Ed. Note: dba is the acronym for doing business as.) 7C3. Request Approval of Contract for Pre-Qualified Landfill Gas Collection and Control Repair, Modification, Maintenance and Installation: 17Q-001-TO Well Replacement for the Baseline Landfill Gas Collection and Control System - Carlson Environmental Consultants, PC, Monroe, NC (Budget Impact - Neutral; expenditure of $171,520 as approved in FY 16/17 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen: Description/Background: All firms under the pre-qualified gas collection and control repair, modification, maintenance and installation contract were proposed a detailed task order to replace gas collection and control system wells located at the Baseline Landfill. The tabulation below summarizes the offers received: Firm- City Base Bid Carlson Environmental Consultants PC- Monroe, NC $171, G2 Energy (Marion), LLC- Ocala, FL $190, SCS Engineers- Tampa, FL $232, Solid Waste Director, Mike Sims requests to award Carlson Environmental Consultants PC. Attached for review is the draft contract, including scope of work and fee schedule as Exhibit A. Substantial completion of the project shall be within 60 days. Book W, Page 257

10 March 21,2017 BudgeUlmpact: Neutral; expenditure will be $171,520 plus the actual cost of Payment and Performance Bond; up to ten percent (10%) contingency can be added to the purchase order as allowed for in the County's Procurement Ordinance. Recommended Action: Motion to approve recommendation and allow staff to issue contract, and upon approval by Legal, authorize the Chairman to execute contract with Carlson Environmental Consultants PC for the 2017 Well Replacement for the Baseline Landfill Gas Collection and Control System under TO-01. 7C4. Request Approval of Project Amendment for Construction Manager Services: PA-142, Re-Roof Original Jail Facility - Ethridge Construction of Marion County, Inc., Ocala, FL (Budget Impact - Neutral; expenditure of $1,224, as approved in FY 16/17 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen: Description/Background: At its April 19, 2005 meeting, the Board approved a contract with Ethridge Construction of Marion County, Inc. to provide Construction Manager (CM) services for various County projects. Facilities Management requested a proposal from Ethridge to Re-Roof Pods A - F at the Marion County Jail. The existing roof, which was installed over Pods E & F in 1991 and over Pods A-D in 1998, has outlived its warranty and has already been repaired numerous times due to leaks. The work is scheduled to be complete within 120 days after issuance of Notice to Proceed. Pending approval of a budget amendment at today's meeting, the money will be available in account # Attached for review is a draft of the project amendment. Upon approval at today's meeting, it will be forwarded to the CM for execution as written and upon return, will be processed for the County Attorney's, Clerk's and Chairman's signatures. BudgeUlmpact: Neutral; expenditure not to exceed $1,224, Recommended Action: Motion to approve recommendation and authorize the Chairman to execute project amendment with Ethridge Construction of Marion County, Inc. for work under Re-Roof Original Jail Facility as identified on the scope of PA C5. Request Approval of Purchases over $50,000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen: Description/Background: The items listed below have been received by Procurement Services for approval and payment in conformance with the Procurement Code/Manual: Purchase Order Number /0ana Safety Supply Inc. - Marion County Sheriff is requesting approval to purchase emergency lighting and equipment package including liqhtbar, traffic advisor, siren, interceptor console package, aluminum push bumper, headlight guard and window barrier for the 20 new 2017 Ford Police Interceptor Utility AWD Vehicles for Patrol and K-9 Units. City of Tallahassee Contract #1489. Total Cost $107, available in budget # Purchase Order Number /0ana Safety Supply Inc. - Marion County Sheriff is requesting approval to purchase emergency lighting and equipment Page 258, Book W

11 March 21,2017 package including lightbar, traffic advisor, siren, interceptor console package and SMC Freestanding gunlock mounting base for the 25 new 2017 Ford Police Interceptor Utility AWD Vehicles for Patrol Sergeants. City of Tallahassee Contract #1489. Total Cost $76, available in budget # Recommended Action: Motion to approve purchases over $50, Tourist Development 701. Request Approval of Tourist Development Council (TDC) Funding Request (Budget Impact - Neutral; Expenditure of $3,000, as approved in the FY 2016/17 Budget) The Board accepted the following recommendation as presented by Tourist Development Executive Director Loretta Shaffer, Ocala/Marion County Visitors & Convention Bureau (VCB): Description/Background: The Tourist Development Council (TDC) is seeking approval of the following funding request to organizations that have festivals, events or programs which support the TDC's mission to bring visitors to Ocala/Marion County: Florida Artist Blacksmith Association (October 2017) $3,000 Total funding requests approved by the TDC on March 9, 2017 $3,000 The economic impact calculator and weekly Smith Travel Research (STR) report has been attached. Budget/Impact: Neutral; expenditure of $3,000 as approved in the FY 2016/17 budget. Recommended Action: Motion to approve the Tourist Development Council funding request. 7E. Transportation - County Engineer: 7E1. Request Approval of a Lease Agreement Pursuant to the Developer's Agreement [Ocala Crossing North Planned Unit Development (PUD)] dated December 16, 2014, and recorded in OR BK 6144, PGS (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub, OCE: Description/Background: The tenant, James Sweeny, will convey to Landlord (Marion County) the real property described on Exhibit A (the "Premises") for future use by Landlord as a public right-of-way to be known as SW 49th Avenue (the "Future Road"), said conveyance having been made pursuant to Developer's Agreement [Ocala Crossing North PUD] dated December 16, 2014, and recorded in OR BK 6144, PGS Landlord has agreed to lease the Premises to Tenant until such time as Landlord requires physical access and possession of the Premises to commence construction of the Future Road. Budget/Impact: None. Recommended Action: Motion to approve the attached Lease, and authorize the Chairman and Clerk to execute same. 7E2. Request Approval of a 2nd Amendment to Extend the Term of Sublease between the State of Florida Department of Environmental Protection and Marion County, for a portion of Parcel # (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, OCE: Book W, Page 259

12 Description/Background: This is a request to approve a 2nd Amendment extending the term of Sublease for an additional five (5) years for the operation of the Sheriff's Department South Multi-District Office. Budget/Impact: None. Recommended Action: Motion to approve Amendment Number 2 to Sublease Number and to authorize the Chair and Clerk to execute the same. 7EJ. Request Approval of a Utility Easement Agreement for a Portion of Parcel 10 # Associated with the Proposed Rolling Greens Fire Station (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, DCE: Description/Background: This is a request to approve a Utility Easement Agreement subject to a real estate closing between Marion County and Rolling Greens Commercial. The County is purchasing property for a new fire station site. This property has existing water and sewer utilities crossing it and an easement is necessary to allow these utility lines to remain in place. Budget/Impact: None. Recommended Action: Motion to approve the attached Utility Easement Agreement and to authorize the Chair and Clerk to execute the same. 7E4. Request Approval of a Second Amendment to Lease for Parcel 10 # Associated with the Rolling Greens Fire Station (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, DCE: Description/Background: This is a request to approve the Second Amendment to the current lease for the Rolling Greens Fire Station, extending the Lease through July 31,2018. This will allow Marion County time to construct a replacement facility near the intersection of Cherry Road and Baseline Road. Budget/Impact: None. Recommended Action: Motion to approve the attached Second Amendment to Lease and to authorize the Chair and Clerk to execute the same. 7E5. Request Approval of Easements to the Florida Department of Environmental Protection from Marion County for the Installation of Monitoring Wells at Two County Maintained Drainage Retention Areas (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, DCE: Description/Background: The Florida Department of Environmental Protection has requested to install monitoring wells at two drainage retention areas owned and maintained by the County. The wells are proposed to monitor the surficial aquifer. Budget/Impact: None. Recommended Action: Motion to approve the two easements and to authorize the Chair and Clerk to execute the same. 8. COUNTY ATTORNEY: 8A. Request Approval of a Settlement Agreement for the Southwest 42nd Street Flyover Project Parcel 13 (Red Oak Farm, Inc.) Page 260, Book W

13 March 21,2017 The Board considered the following recommendation from County Attorney Matthew G. Minter: Description/Background: Marion County is currently involved in an eminent domain case, Marion County v. Red Oak Farm, Inc. et. ai., Case No CA-G. This matter involves the County's condemnation of approximately acres of Fee Simple Right-of-Way and Easement Taking property interests on Project Parcel 13 (Red Oak Farm, Inc.) which were required for the Southwest 42nd Street Flyover Project. Special Counsel, Patrick Gilligan, County Administrator, Mounir Bouyounes, County Attorney, Matthew Minter, and Right of Way Manager, Shawn Hubbuck have reached a Settlement Agreement with Defendant, Red Oak Farm, Inc. and their attorneys, the Law Firm of Gray, Ackerman & Haines, P.A. and the Law Firm of Brigham Property Rights Law Firm, PLLC/Andrew Prince Brigham pending Board approval. A copy of the Settlement Agreement is attached hereto. As outlined in the Settlement Agreement, Marion County shall pay Defendant, Red Oak Farm, Inc. the total sum of the Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000.00) as full compensation for the property taken. [The County shall receive a credit for One Million, One Hundred Eighteen Thousand and 00/100 Dollars ($1,118,000.00) previously deposited pursuant to the Order of Taking dated October 14, 2010, for a net settlement deposit in the sum of One Million, Three Hundred Eighty-Two Thousand, and 00/100 Dollars ($1,382,000.00)]. Additionally, the County shall pay attorney fees, to the Defendants' attorneys, in the amount of Three Hundred, Forty-Six Thousand, Four Hundred and 00/100 Dollars ($346,400.00) and costs in the amount of One Hundred Twenty-Eight Thousand, Three Hundred Seventy Four and 12/100 Dollars ($128,374.12). The sum of the funds due for full compensation, attorney fees, and costs is $1,856, Budget/Impact: Transportation Capital Projects Fund ,856,774.12, as approved in FY Recommended Action: Motion to approve the Settlement Agreement for the Southwest 42nd Street Flyover Project Parcel 13 (Red Oak Farm, Inc.) Parcel ID Numbers and which authorizes entry of a Consent Final Judgment to the Court. Mr. Minter advised that this Item relates to the settlement of an eminent domain case that has been ongoing since This matter involves the county's condemnation of approximately acres of Fee Simple Right-of-Way (ROW) and Easement Taking property interests required for the SW 42 nd Street Flyover Project. He noted that during the litigation process Publix Supermarkets acquired a nearby property, which increased property values in the area. Commissioner Moore out at 10:20 a.m. Mr. Minter advised that the property owner initially requested $2.7 million for ROW acquisition; $2.6 million in severance damages; $182,000 cost to cure; and business damages ranging from $1.8 million to $6.4 million. The total potential claims from the property owner ranged from $7.3 million to almost $12 million. Commissioner Moore returned at 10:21 a.m. The proposed settlement represents full compensation of $2.5 million to the property owner, as well as $346,400 in attorney fees and $128, in litigation costs. Book W, Page 261

14 In response to Chairman Zalak, Mr. Minter addressed the legal costs involved with the involuntary taking of private property..a motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve the Settlement Agreement for the SW 42 nd Street Flyover Project Parcel 13 (Red Oak Farm, Inc.) Parcel 10 Numbers and authorizing entry of a Consent Final Judgment to the Court. The motion was unanimously approved by the Board (4-0). 9. COUNTY ADMINISTRATOR: 9A. Administrative Updates County Administrator Bouyounes advised that he has several updates this morning. UPDATE: Information Technology (IT) Director Tom Northey provided a brief PowerPoint presentation relating to the Geographical Information Systems (GIS) mapping of Marion County historical sites. He noted IT staff worked in conjunction with the TDC, OCE, as well as the Marion County Parks Department. He referred to the pictures shown on the overhead screens and noted there are 6 main categories. Mr. Northey stated staff will also be working with the Marion County Historical Commission to further vet other historical sites and significant events. In response to Chairman Zalak, Commissioner Gold stated he will continue to work with the Historic Commission on this project. UPDATE: Public Relations & Communications Director Nicholas Zoller, Office of Public Information, gave a brief overview of the latest County Connection newsletter and advised that those wishing to receive the twice-monthly can sign up on the County website at or by using the computer in the lobby of the auditorium. UPDATE: County Administrator Bouyounes provided a brief update relating to the Solid Waste workshop held on Monday, February 13, 2017; wherein, staff presented a 5 page draft Interlocal Agreement with Alachua County. This is a Phase 1 agreement to evaluate the feasibility of forming a Regional Solid Waste Management Authority. Staff met with the department's consultant and was provided a preliminary estimate of approximately $40,000 to perform the initial Phase 1 evaluation. He requested Board consensus to continue to move forward with negotiations with Alachua County; finalize that agreement; continue conversations with other counties to determine the level of interest in a Regional Solid Waste Authority; and have the consultant perform the Phase 1 evaluation. In response to Commissioner Moore, Mr. Bouyounes noted the cost to perform the evaluation will be shared with Alachua County, as well as any other county or municipality interested in forming the Authority. General discussion ensued. In response to Commissioner Gold, Mr. Bouyounes stated he will be meeting with City of Ocala Manager John Zobler later this week and will discuss this matter and bring information back to the Board for consideration. It was the general consensus of the Board to direct staff to move forward as recommended by the County Administrator. 10. COMMITIEE ITEMS: NONE Page 262, Book W

15 11. NOTATION FOR ACTION: 11A. Request Approval to Schedule and Advertise Two Public Hearings to Consider an Ordinance Enacting a Temporary 180 Day Moratorium on Permitting Wireless Communication Facilities in Public Rights-of-Way at 10:00 a.m. on Tuesday, April 4, 2017 AND Tuesday, April1g;-2017 The Board considered the following recommendation from Growth Services Director Samuel Martsolf: Description/Background: The County's rights-of-way are a limited resource which must be managed to handle both current and expected future uses. Technological changes and advances have resulted in an alternative method of delivery of communications services known as "small cell" or "distributed antennae systems" (DAS) which results in the placement of shorter, but more numerous poles and related infrastructure in public rights-of-way. Additional time is necessary to investigate whether the proliferation of such facilities in Marion County will create a new pattern of use and interfere with the health and welfare of its citizenry. A 180 day moratorium on the permitting or construction of such wireless communications facilities in the County's rights-of-way will provide interim oversight of the proliferation of these facilities and enable the County to evaluate the proper regulatory response. Conducting the hearings during the public hearing portion of the regular Board of County Commissioners' meeting is recommended. BudgeUlmpact: None. Recommended Action: Motion to schedule and advertise two Public Hearings to consider an Ordinance enacting a 180 Day Moratorium on the Permitting of Wireless Communication Facilities in the public Rights-of-Way at 10:00 a.m. on Tuesday, April 4, 2017 AND Tuesday, April 18, A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to schedule and advertise two public hearings to consider an Ordinance enacting a 180 day moratorium on the permitting of wireless communication facilities in the public ROW at 10:00 a.m. on Tuesday, April 4, 2017 and Tuesday, April 18, The motion was unanimously approved by the Board (4-0). 11B. Request Approval to Schedule and Advertise Two Public Hearings to Consider an Ordinance Enacting a 90 Day Extension of the Moratorium on Applications for New Medical Marijuana Dispensing Facilities at 10:00 a.m. or as Soon Thereafter as Possible on Tuesday, April 4, 2017 and Tuesday, April 18, 2017 The Board considered the following recommendation from Growth Services Director Martsolf: Description/Background: On Tuesday, November 8,2016 a referendum to expand the legal cultivation and dispensing of Medical Marijuana passed in the State of Florida. On November 15, 2016, the Board adopted a 180 day moratorium on locating a medical marijuana dispensary in unincorporated Marion County. The current moratorium ends on May 18, The State of Florida has until June 3, 2017 to publish any new regulations concerning Medical Marijuana. New regulations are under consideration in the current State Legislative Session that started on Tuesday, March 7, 2017 that is due to end on May 5, A 90 day extension of the moratorium on new Medical Marijuana Dispensing Facilities will provide interim oversight of the proliferation of these facilities and enable the County to evaluate the proper regulatory response. Also, recognizing any Book W, Page 263

16 March 21,2017 regulatory provisions enacted by the State Legislature and administrative rules set forth by any state regulatory agency. Conducting the hearings during the public hearing portion of the regular Board of County Commissioners' meeting is recommended. Budget/Impact: None. Recommended Action: Motion to schedule and advertise two Public Hearings to consider an Ordinance enacting a 90 Day Extension of the Moratorium on Applications for New Medical Marijuana Dispensing Facilities at 10:00 a.m. or Immediately Following the Previously Scheduled Public Hearings on Tuesday, April 4, 2017 and Tuesday, April 18, A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to schedule and advertise two public hearings to consider an Ordinance enacting a 90 day extension of the moratorium on applications for new medical marijuana dispensing facilities at 10:00 a.m. or immediately following the previously scheduled public hearings on Tuesday, April 4, 2017 and Tuesday, April 18, The motion was unanimously approved by the Board (4-0). 11C. Request Approval to Schedule and Advertise a Public Hearing for High Pointe Road Improvement on Thursday, April 27, 2017 at 2:00 p.m. The Board considered the following recommendation from MSTU Director Shawn Hubbuck: Description/Background: Bids have been accepted for High Pointe Road Improvement project. The following date is being requested for a Public Hearing in accordance with Florida Statute Thursday, April 27,2017 at 2:00 pm. Budget/Impact: None. Recommended Action: Motion to schedule and advertise a final public hearing for High Pointe Road Improvement project on Thursday, April 27, 2017 starting at 2:00 pm. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to schedule and advertise a final public hearing for the High Pointe Road Improvement project on Thursday, April 27, 2017 starting at 2:00 p.m. The motion was unanimously approved by the Board (4-0). 11D. Request to Schedule a Workshop to Discuss Development of an Ordinance Setting Standards for the Placement of Low-THC and Medical Marijuana Dispensaries in Unincorporated Marion County on Wednesday, May 10, 2017 at 2:00 p.m. The Board considered the following recommendation from Growth Services Director Martsolf: Description/Background: On March 7, the Board held a workshop regarding the placement of low-thc and medical marijuana dispensaries. Following the discussion, the Board directed staff to schedule an additional workshop to review staff proposals resulting from the Board's direction. Further, the State Legislature is now in session where various bills concerning the State's low-thc and medical marijuana program, including potential regulations regarding dispensary facilities, are under consideration. The legislative session is due to conclude on May 5th. Staff recommends holding the next workshop following the conclusion of the legislative session, thereby allowing the Board to conduct a more fully informed Page 264, Book W

17 March 21,2017 and effective workshop as key components of the state requirements will ideally be known at that time. Staff recommends the workshop be held on Wednesday, May 10, 2017 at 2:00 p.m. Budget/Impact: None. Recommended Action: Motion to schedule a Board workshop regarding the placement of low-thc and medical marijuana dispensaries in Marion County on Wednesday, May 10, 2017 at 2:00 p.m. County Administrator Bouyounes advised of a conflict in Commissioners schedules and suggested the Board amend the date to Thursday, May 11, 2017 at 2:00 p.m. A motion was made by Commissioner Moore, seconded by Commissioner Gold, to schedule a Board workshop regarding the placement of low-thc and medical marijuana dispensaries in Marion County on Thursday, May 11, 2017 at 2:00 p.m. The motion was unanimously approved by the Board (4-0). 11E. Request Approval and Adoption of a Resolution to Declare a Public Hearing Date for Consideration of a Road Closure Petition Associated with West End Ocala Subdivision, on Tuesday, May 16, 2017 at 2:00 p.m. or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Tracy Straub, OCE: Description/Background: This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider a petition presented by Peggy T. Gehl, individually and as Manager of Silver Jet Services, LLC to close and abandon certain streets and alleys within the West End Ocala Subdivision, Plat Book A, Page 57, and renounce and disclaim any right of the County and the Public. Budget/Impact: Revenue of $500 - Transportation - Road Closing Recommended Action: Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing certain streets and alleys within the West End Ocala Subdivision on May 16, 2017 at 2:00 p.m., or as soon thereafter as possible, and to authorize the Chair and Clerk to execute the same. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to adopt Resolution 17-R-072 declaring a public hearing on Tuesday, May 16, 2017 at 2:00 p.m., or as soon thereafter as possible, to consider closing certain streets and alleys within the West End Ocala Subdivision. The motion was unanimously approved by the Board (4-0). Resolution 17-R-072 is entitled: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, TO DECLARE A PUBLIC HEARING DATE & TIME FOR CONSIDERATION OF CLOSING AND ABANDONMENT OF ROAD(S). 11F. Request Ratification of Letter Dated March 13,2017 from Chairman Carl Zalak to the Florida Department of Environmental Protection, Division of State Lands Deputy Secretary Gary Clark Regarding Silver Springs State Park The Board considered the following recommendation from County Administrator Mounir Bouyounes: Book W, Page 265

18 Description/Background: On March 13, 2017 Chairman Zalak sent the attached letter to the Florida Department of Environmental Protection Division of State Lands Deputy Secretary Gary Clark in regards to Silver Springs State Park. Chairman Zalak stated the County's interest in securing the necessary rights from the State to develop approximately 50 acres along SR 35 and 40. Budget/Impact: None. Recommended Action: Motion to ratify the attached letter from Chairman Zalak. Commissioner Moore addressed the county's request to exchange land around Silver Springs State Park with the State of Florida and opined that more discussion will be necessary to determine how the property will be developed. Commissioner Gold advised that the TDC is working on a survey to determine the best location for a proposed civic center, noting this property may be an option. In response to Commissioner Gold, Chairman Zalak opined that in order for the county to have success in the Silver Springs area, it needs to be revitalized. He stated the expansion along the roadway offers the county a chance to review public/private partnerships to develop Silver Springs in a way that will attract visitors. Chairman Zalak noted it is the county's mission to educate citizens on the importance of the springs. General discussion ensued. Chairman Zalak advised that there are great opportunities to provide a new vision for Silver Springs and the 50 acres along SR 35 and Highway 40 is an important part of that vision. Commissioner Bryant commented on the numerous sports tournaments held in this area and the need to offer those guests a destination to visit while in Marion County. Commissioner Bryant challenged fellow Commissioners to have a vision for this area and bring those ideas/options back for Board consideration. A motion was made by Commissioner Moore, seconded by Commissioner Gold, to ratify the letter dated March 13, 2017 to the Florida Department of Environmental Protection (DEP) from Chairman Zalak regarding Silver Springs Park. The motion was unanimously approved by the Board (4-0). 11G. Request Ratification of Letters Dated March 13,2017 from Chairman Carl Zalak to City Municipalities Regarding the Implementation of Molly's Law The Board considered the following recommendation from County Administrator Bouyounes: Description/Background: On March 13, 2017 Chairman Carl Zalak sent the attached letters to Marion County City Municipalities requesting the implementation of Molly's Law. Budget/Impact: None. Recommended Action: Motion to ratify the attached letter from Chairman Zalak. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to ratify letters dated March 13, 2017 to municipalities from Chairman Zalak regarding Molly's Law implementation. The motion was unanimously approved by the Board (4-0). 12. COMMISSIONER ITEMS: 12A. Request Appointment of a Public Sector Board Member for Central Florida Community Action Agency (CFCAA) The Board considered the following recommendation from Executive Assistant Nadja M. Griffis, Commission Office: Page 266, Book W

19 March 21,2017 Description/Background: CFCAA CEO Charles Harris requests that the Marion County BCC appoint Ms. Cheryl Martin as the public sector representative on the CFCAA Board of Directors for the rest of FY 16/17. Budget/Impact: None. Recommended Action: Motion to appoint Ms. Martin as Marion County's public sector representative on the CFCAA Board of Directors. (Ed. Note: CEO is the acronym for Chief Executive Officer.) A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to appoint Cheryl Martin as Marion County's public sector representative on the CFCAA Board of Directors. The motion was unanimously approved by the Board (4-0) Commission Comments Commissioner Gold advised that he has nothing further to add today. Commissioner Bryant advised that she has nothing further to add today. Commissioner Moore commented on earlier discussion relating to road and drainage issues near Stanton Junior High School and expressed concern for the safety of students walking to and from school. Mr. Bouyounes opined that the best option may be to review and determine whether the project will qualify for CDBG monies; otherwise, the Board may need to implement a MSTU to fund repairs. Commissioner Gold noted he will discuss the issue with Don Browning and bring information back to the Board. Commissioner Moore expressed his appreciation to county employees and first responders and thanked them for their service to the citizens of Marion County. Chairman Zalak commented on the Growth Services building and opined that the layout is not customer friendly. He requested the Board allow him to work with the County Administrator to reimagine how the department is laid out and how it operates in order to bring better form and function to the building. Chairman Zalak addressed the possibility of utilizing the services of architects currently under contract with the county to provide some ideas for Board consideration. Commissioner Bryant noted the county is currently looking for a new Building Director and opined that it would be prudent to wait and allow the new Director to be part of that process. Chairman Zalak stated he would like the ability to start the process and bring information back to the Board for more discussion. It was the general consensus of the Board to concur. 12C. Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of March 21, 2017 through April 6, Additional Public Comment: All members of the public wishing to speak during the "Additional Public Comment" portion of the agenda will be limited to two (2) minutes to make their request or presentation. If the request or matter requires investigation by County staff, the Chair will refer to staff for follow-up with the person making the request. Jack Stackman, NE 248 th Avenue Road, Salt Springs, addressed the Board in regard to Item 11B relating to the public hearings scheduled to consider enacting a 90 Day Extension of the Moratorium on Applications for New Medical Marijuana Dispensing Book W, Page 267

20 Facilities. He reiterated the BCC's only role should be to regulate what zoning classifications it will permit dispensaries to operate in. Mr. Stackman commented on the state not allowing public swimming in Silver Springs, noting it is allowed at Salt Springs and Silver Glen. Bruce Borders, Highway 441, High Springs, expressed his appreciation to Veteran Services Director Jeffrey Askew. He commended the BCC for opening its meetings with an invocation and the Pledge of Allegiance. Mr. Borders advised that today is Veterans Day at the Capital. Mr. Borders commented on past attractions held at Silver Springs (Seminole Indian Dancers, Ross Allen Reptile Show, etc.), noting swimming was also allowed. He opined that the county needs to partner with the City of Ocala to save Silver Springs. UPDATE: Clerk Ellspermann addressed earlier public comment in regard to the County Treasury and concern that the financial statements are too complex and confusing to most citizens. He advised that the financial statements are produced according to government accounting and financial standards, noting all citizens are welcomed to visit the Clerk's Office to review and discuss financial statements. Clerk Ellspermann stated the monthly financial documents are also available on the Clerks website at He advised that the county's Comprehensive Annual Financial Report (CAFR) is very specific and built on the standards set by professional guidelines. 13. NOTATION FOR RECORD: 13A. County Administrator Informational Items: 13A1. Present DRC Waiver Request LDC B(10) - Family Division for the Delores Sebastian Property Parcel # , Application # A2. Present Memorandum Dated March 6, 2017 to County Administrator Mounir Bouyounes and Assistant County Administrator Jeannie Rickman from Jim Davenport of Alcalde & Fay Regarding Washington Meetings - Follow Up 13A3. Present Letter Dated March 3, 2017 to the Tourism Development Council President Digvijay Gaekwad from Laurie Zink, Chairwoman of The Ocala Municipal Arts Commission Offering their Support to the Tourism Development Council and Ocala/Marion County Visitors and Convention Bureau 13A4. Present Final Activity Report for the Acceptance of Agricultural Manure and Stall Waste at the Baseline Landfill - June 2015 through February A5. Present Building Safety Productivity Report for Month of February, A6. Present Solid Waste Monthly Operation Reports for January and February A7. Present Ocala/Marion Chamber and Economic Partnership (CEP) Activity Report for February and Performance Matrix YTD A8. Present YgreneWorks PACE Program 2016 Annual Report 13A9. Present Records of Proceedings of the Board of Supervisors Meeting for Candler Hills East Community Development Held on November 15, A10. Present Records of Proceedings of the Board of Supervisors Meetings for Indigo East Community Development District Held on November 15, A11. Present Records of Proceedings of the Board of Supervisors Meeting for Candler Hills East Community Development District on October 25, A12. Present Records of Proceedings of the Board of Supervisors Meeting for Bay Laurel Center Community Development District Held on October 25, 2016 Page 268, Book W

21 13A13. Present Records of Proceedings of the Board of Supervisors Meetings for Indigo East Community Development District Held on October 25, Present Walk-On Items From Previous BCC Meeting: NONE 13C. General Informational Items: 13C1. Marion County Health Department - For the Latest Health News and Information, Visit the Website at Clerk of the Court: Present Internal Auditor Report No Regarding EDFIG Compliance Review of Sitel Operating Corporation Present Report No Regarding MSTU Bahia Oaks Unit No. Three aka West Wind Trails Subdivision Road Improvements Petition Count By Internal Audit Division Present Regular Report of Utilization for Reserve for Contingencies Present Monthly Report for the Building Department Budget and Actual Present Bond Ratings Present the Acquisition or Disposition of Property Forms Authorizing Changes in Status, as Follows: 27759, 31256, 32884, 34123, 37026, 37096, 37697, 37813, 38943, 42477,45652, E. Present for information and record, minutes and notices received from the following committees and agencies: 13E1. Board of Adjustment (BOA) - February 6, E2. Code Enforcement Board - February 8, E3. Development Review Committee (DRC) - February 20 and 27, E4. Land Development Regulation Commission (LDRC) - February 8, E5. Marion County Hospital District Board of Trustees (MCHD) - January 30, E6. Pine Run MSTU Advisory Council- February 22, E7. Planning & Zoning Commission (P&Z) - January 30, E8. Rainbow Lakes Estates (RLE) Advisory Committee - January 19, E9. Tourist Development Council (TDC) - January 19 and 31, E10. Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas, Visit the Website at 13E11. St. Johns River Water Management District (SJRWMD) - For Minutes and Agendas, Visit the Website at 13E12. Transportation Planning Organization (TPO) - For Minutes and Agendas, Visit the Website at 13E13. Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas, Visit the Website at There was a recess at 11:06 a.m. The meeting reconvened at 2:02 p.m. with all members present, except Commissioner Stone. Also present were: Growth Services Director Sam Martsolf, Senior Planners Chris Rison, Ken Weyrauch and Kimberleigh (Kim) Dinkins, Planner II Roxann Read, Strategic Book W, Page 269

22 March 21,2017 Resources Project Manager Kevin Smith, Administrative Staff Assistant Stephanie Soucey, Staff Assistant IV Darlene Pocock, County Attorney Matthew G. Minter, County Administrator Mounir Bouyounes and County Engineer Tracy Straub, OCE. The meeting opened with the Pledge of Allegiance to the Flag of our Country. 14. PLANNING &ZONING AND DRe WAIVER REQUESTS (AT 2:00PM): Deputy Clerk Bonvissuto advised that there are two Proofs of Publication to be presented for this afternoons meeting. The first Proof of Publication is a display ad entitled, "Notice of Change of Land Use, Marion County Comprehensive Plan", published in the Star Banner newspaper on February 17, The Notice states the Board will consider Comprehensive Plan Amendments 17-D01 (14B2) and 17-L02 (Item 14B4), Large Scale Future Land Use Map (FLUM) Amendments. The last Proof of Publication is No. A entitled, "Notice of Intention to Consider Adoption of an Ordinance" published in the Star Banner newspaper on March 7, The Notice states the Board will consider adopting an Ordinance approving rezoning and/or Special Use Permit applications, as well as considering adoption of an Ordinance (Item 14C1). Chairman Zalak stated the County Attorney will now address the process for today's zoning hearings. County Attorney Matthew G. Minter advised that matters pertaining to Special Use Permits and re-zonings are considered quasi-judicial proceedings, which means that members of the BCC are in effect acting like judges. The Board needs to hear testimony that is in the form of evidence. When someone from the audience speaks in favor or against the item they are here for they should not give their opinion, such as whether or not you like the proposal. If speaking in support of a proposal, the speaker should address the benefits of the application; on the other hand if you are here to oppose a particular application, the Board should be given specific facts of things that will be adverse to your interest, neighborhood or area. For instance, if you feel there is some proof that the project will create noise, too much traffic, or some kind of danger, those are the types of facts that the Board needs to hear in order to make a wise decision to either approve or not approve a project. The Agenda includes a couple of Consent Items that Growth Management Director Martsolf will discuss. If there is no opposition to the Consent Agenda Items they will be approved in one motion by the Board. If you are here regarding Consent Items, you may leave once those items have been approved or denied. Should anyone present have an interest in addressing any of the Consent Items they need raise their hand when they are described by Mr. Martsolf, so that those items can be heard. Chairman Zalak advised that the applicant will address the Board and describe the project. Those present will then have an opportunity to address the Board as to any questions they may have. At the end of public comment the Board will submit questions asked back to the applicant where they will have an opportunity to provide answers. 14A. Planning and Zoning Consent Items: Growth Services Director Sam Martsolf advised that the two (2) petitions listed on the consent agenda are recommended for approval by both the Planning Division and the Page 270, Book W

23 Planning and Zoning (P&Z) Commission. He stated the consent agenda items will be acted on in one motion, as follows' ITEM NUMBER OWNER FROM-TO ACREAGE Safe Harbor RV and Boat Modification of Special Use SU 10.0 Storage Permit in B-2 Still Waters Marine SU Special Use Permit in R Holdings, LLC PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Gaekwad and seconded by Mr. Colen, to agree with staff's findings and recommendation, and recommend approval of the following Consent Agenda items (170303SU and SU) based on the following findings of fact: 1. Will not adversely affect the public interest 2. Are consistent with the Marion County Comprehensive Plan 3. Are compatible with the surrounding land uses The motion passed 6 to O. Mr. Martsolf advised that Item SU by Safe Harbor RV and Boat Storage is a modification of their Special Use Permit and Item SU by Still Waters Marine Holdings, LLC is a continuation of a Special Use Permit that has been held for 6 years without incident. Chairman Zalak opened the floor to public comment. There being none, Chairman Zalak advised that public comment is now closed. Chairman Zalak expressed concern with SU in regard to security, noting he does not want it to be a Recreational Vehicle (RV). Mr. Martsolf advised that RVs and boats are all over the property and would not look out of place. In response to Chairman Zalak, Mr. Martsolf stated it makes sense in this particular instance. Chairman Zalak advised that he has a problem telling others they cannot have an RV on their property, having it meet electric and other requirements, and not be consistent. He stated he wanted to at least have that conversation. Commissioner Bryant noted she understands where the Chairman is coming from, but it is appropriate in this instance. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve consent agenda items 14A1 and 14A2, agreeing with Growth Services Department staff and the P&Z Commission recommendations, based on findings that the proposed uses are compatible with the surrounding land uses, are consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (4-0). The motion approved the consent agenda items as follows: 14A SU - Safe Harbor RVand Boat Storage, Modification of Special Use Permit in B-2, 10 acres The Board adopted Resolution 17-R-073 granting a petition by Safe Harbor RV and Boat Storage, John Adams (owner/applicant), 33 SE Chinica Drive, Summerfield, FL, for a modification to Special Use Permit SU, Articles 2 and 4, of the Marion County Land Development Code, for an addition of a security residence in a B-2 (Community Business) zone on approximately 10 acres of Parcel Account Nos and Resolution 17-R-073 contains the following Conditions: Book W, Page 271

24 1. The site is permitted to have one security residence in support of the storage outside storage use. The security residence may be conventional construction, manufactured or an occupied RV. 2. The site shall be developed in accordance with the Land Development Code, except that the applicant may request waivers from certain portions of the LDC as provided in Article 2, Division 10. (Ed. Note: LDC is the acronym for the Marion County Land Development Code.) 14A SU - Still Waters Marine Holdings, LLC, Special Use Permit in R-1,.3 Acres The Board adopted Resolution 17-R-074 granting a petition by Still Water Marine Holdings, LLC, Samuel Langley D. III (owner/applicant), SE 96 th Terrace, Belleview, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for overflow boat storage (supporting existing boat sales & repair business adjacent to the North), in an R-1 (Single Family Residential) zone on approximately 0.3 acres of Parcel Account No Resolution 17-R-074 contains the following Conditions: 1. The site shall be developed and operated consistent with the conditions as provided with this approval. 2. Use of the subject property shall be limited to the sale and storage of serviceable boats. No boat repair activity shall be conducted on the subject property. 3. The use of the subject property for boat storage will be conducted as part of, an extension of, the commercial use of the two adjoining lots to the north (Jog Acres Subdivision, Block "C", Lots 1 & 2). Independent use of the subject property for an independent commercial storage use ("yard") is not permitted. 4. The hours of operation for accessing and/or moving boats for storage on to, off of and throughout the subject property will be limited to the hours of 7:00 a.m. to 7:00 p.m. 5. Access to the subject property for the boat storage shall be from and through the two adjoining lots to the north (Jog Acres Subdivision, Block "C", Lots 1 & 2), currently Still Water Marine. Direct access to SE 96 th Terrace is prohibited. 6. Fencing shall be provided to secure the property. 7. A Type "E" Buffer (minimum 5' wide, minimum 4 trees per 100 LF, a continuous double-staggered hedgerow to reach 60" in 2 years) shall be provided and maintained along the subject property's SE 96th Terrace frontage. In lieu of the double-staggered hedgerow component, the applicant may elect to provide and maintain an opaque screen (e.g., privacy fence, chain-link fence with privacy slats, or wall), a minimum of 6' in height, with a minimum of 18 shrubs per 100 LF, with the shrubs located on the exterior side of the opaque screen. 8. A Modified Type "C" Buffer (minimum 15' wide, minimum 6 trees per LF, a continuous double-staggered hedgerow to reach 60" in 2 years) shall be provided on the site's south and west boundary. In lieu of the doublestaggered hedgerow component, the applicant may elect to provide and maintain an opaque screen (e.g., privacy fence, chain-link fence with privacy slats, or wall), a minimum of 6' in height, with a minimum of 18 Page 272, Book W

25 shrubs per 100 LF, with the shrubs located on the exterior side of the opaque screen. 9. No boats stored on the subject property, whether on the ground or on a trailer shall exceed a gross height of 15', when measured from the highest adjacent grade of the ground. 10. No lighting on, or off the subject property shall cast direct light off-site. No on-site lighting shall be higher than 10'. 11. The Special Use Permit shall be owned in common with, and be part of a unified common operation of, the two adjoining lots to the north (Jog Acres Subdivision, Block "C", Lots 1 and 2). In the event the subject property is conveyed to a separate property owner and/or ceases to be operated in common with the two adjoining lots as indicated, the Special Use Permit shall terminate. 12. The Special Use Permit shall run with the property owner, currently Still Waters Marine Holdings, LLC. In the event the subject property is sold the Special Use Permit shall terminate. 13. This Special Use Permit may be renewed administratively for up to two (2) consecutive 5-year periods, not to exceed March 21, 2027, by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time), unless: a. There have been unresolved violations of the County Land Development Code, the County Code of Ordinances, and/or the conditions of the Permit, b. Neighboring property owners within 300' of the subject property have complained to the County Code Enforcement, Zoning, or equivalent/similar Departments/Divisions about the uses of the subject property by this Permit, or c. The Growth Services Director determines that renewal should be considered directly by the Board of County Commissioners through the Special Use Permit review process (or review process equivalent at that time). 14. Special Use Permit (150701SU/Resolution No. 15-R-240) is hereby repealed and replaced with this Special Use Permit Planning and Zoning Items for Individual Consideration: RA - Paul Alan Douglas and Lorraine Marie Douglas, Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the American's with Disabilities Act (ADA) by Paul Alan & Lorraine Marie Douglas (applicants), 6512 SE 145 th Street, Summerfield, FL, for the keeping of 1 pot-bellied pig for therapeutic purposes in an R-1 (Single Family Residential) zone located in Summerfield Heights on Parcel No Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions: 1. The existing one (1) pot-bellied pig shall be allowed to be kept inside at the subject property. 2. The special use permit shall run with the property owners and not the property. Book W, Page 273

26 3. The special use shall expire upon the removal of the one (1) pot-bellied pig on the subject property. Mr. Martsolf addressed the Reasonable Accommodation request regarding property located on SE 145 th Street in Summerfield, which is the extension west of Sunset Harbor Road; behind and catty-corner (or kitty-corner) to the Post Office. He noted there is a series of single-family residences and the request is to keep one small, 4 month old, potbellied pig for therapy. Mr. Martsolf advised that staff received letters from 2 different medical professionals stating the pig provides therapy for a number of family members. He noted the applicants are present and staff is recommending approval with Conditions limiting it to that pig and that it remain inside. Chairman Zalak opened the floor to public comment. Frances Shirley, SE 145 th Street, Summerfield, commented on the pig, which she opined can be related to a barking or crying dog. She advised that she has called Animal Services to have the pig removed, due to her husband's medical condition. Ms. Shirley stated the pig sounds like it is in distress and does not just oink, but constantly squeals. She presented 5 black and white pictures of the neighborhood where they want to keep the pig. Mr. Martsolf pointed out that the Conditions require keeping the pig inside. Ms. Shirley stated the pig has gotten loose and ran down the street. She commented on traffic in the area and expressed concern for the pig's safety. In response to Chairman Zalak, Ms. Shirley advised that she does not know if the pig is kept indoors or not, but noted the pig is loud enough to wake them up. She stated there would be no benefit to having a pig in the neighborhood. Chairman Zalak inquired as to the rules for therapy animals. Mr. Martsolf advised that a note has to be provided from a medical professional that the animal is being used for therapy and is not a service animal. He stated it is brought to the Board to see if there are any conditions that the neighbor proffer that is a problem that can be resolved through this process. Commissioner Bryant opined that it may be beneficial for the County Attorney to comment on legal requirements relating to these type of requests. Mr. Minter stated the issue on some of these things is a little fuzzy in these cases, but the county tries to provide a Reasonable Accommodation, which does not mean that it is whatever someone wants. Clearly an applicant for these requests is not entitled to create a nuisance to neighboring property owners by virtue of what animal they want to use in these kind of surroundings. Generally speaking, if the animal can be kept inside the house so that it is not making these noises would probably be sufficient; however, on the other hand based on the testimony if the applicant is allowing the animal to run around outside creating headaches for neighbors the Board can consider it is becoming a nuisance. Lorraine Douglas, SE 145 th Street, Summerfield, applicant was present and advised that the pig does not run around the neighborhood, but they do take it out on a leash when not inside. She stated the pig does not make the kind of noise as described. Ms. Douglas stated the pig is for her grandchildren, who are handicapped, and her son, noting the pig calms them down. Heidi Marie Godwin, SE 145 th Street, Summerfield, neighbor and daughter of the applicant, stated the pig is very beneficial. She advised that her brother is very handicapped, as are her nieces, noting the pig is calming. Ms. Godwin stated the pig is kept inside and does not go out unless it is on a harness. Page 274, Book W

27 March 21,2017 In response to Mr. Minter, Ms. Godwin stated the yard is fenced, with a privacy fence. She advised that there are no occasions when the pig is left outside within the fenced yard, unless it is on a leash. Chairman Zalak noted the Conditions will specify that if the pig is taken outside that it has to be on a leash with a person; otherwise, it will be indoors. Mr. Martsolf concurred. Chairman Zalak advised the applicant that if the Conditions are approved and the pig is found outside unsupervised that it will be deemed to become a nuisance from the county's perspective and the Reasonable Accommodation may be revoked. Chairman Zalak advised that public comment is now closed. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve the Reasonable Accommodation with Conditions 1 through 4, as amended, see below. Conditions, as amended: 1. The existing one (1) pot-bellied pig shall be allowed to be kept inside at the subject property and shall only be permitted outside while attended and on a leash. 2. The special use permit shall run with the property owners and not the property. 3. The special use shall expire upon the removal of the one (1) pot-bellied pig on the subject property. 4. Violation of any of these conditions could result in revocation of this accommodation. The motion was unanimously approved by the Board (4-0) AZ Ocala Ranch, LLC and Marion Mitigation, LLC, Rural Land to Rural Community with DRI Approval, Acres The Board considered the request by AZ Ocala Ranch, LLC, Scott Seldin, President, and Marion Mitigation, LLC, (owners) / Lee Clymer, PE (BFA) and Steve Gray, Esquire (GAH) (applicants) to amend the Future Land Use Map (FLUM) to change the land use designation from Rural Land to Rural Community on ±3,470.5 acres; as well as amend the Future Land Use Element (FLUE) to add FLUE Objective 10.5 and Policy for Ocala Ranch Development of Regional Impact (DRI) approval and standards. WRITrEN OPPOSITION WITHIN 300 FEET: 10f 195 =1%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Lord seconded by Mr. Gaekwad to agree with staff's findings and recommendation, and recommend approval based on the following findings offact: 1. Will not adversely affect the public interest. 2. Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. The Motion passed 6 to O. Mr. Rison advised that this request is actually a Comprehensive Plan Amendment (CPA) and is for a project that has been titled the AZ Ocala Ranch or Ocala Ranch and the company ownership is AZ Ocala Ranch, LLC. The CPA consists of 2 parts; the first part is a change for the land use designation from Rural to Rural Community; and then a series of Text Amendments to introduce a specific policy that then addresses the particular project. This project would be classified as what is called a DRI in prior statutory requirements, but instead now simply goes through the coordinated state review process for CPAs. The project is located in southwest Marion County east of SW Highway 200 Book W, Page 275

28 (SR 200), immediately south of Florida Highlands, immediately north of Drake Ranch and about 2 miles west of Marion Oaks. The overall site consists of close to 3,500 acres. Approximately 60 percent (%) of the site will be the development area with 40% becoming a conservation designated area and potential wetland mitigation bank. The county will be creating Objective 10.5 and Policy This is the provision that has been developed from State Statutes for projects that are DRI sized, which gets a specific Policy in the Comprehensive Plan to recognize them. Mr. Rison noted this is the first and is why the Objective is being created and then the Policy to recognize it. Generally, what can be seen on the outline on the western portion (to the left) is the buildable area for that Rural Community and to the east is where the permanent open space will be located. The Drake Ranch is located to the south, along the north side is Florida Highlands and to the west is the Halpata Tastanaki Preserve. Mr. Rison pointed out the area of the compressor plant for the Sabal Trail pipeline location. Mr. Rison addressed the land use change from Rural Lands to Rural Community, noting the area is currently a mixture of large agricultural type property, single family homes and manufactured homes, as well as different conservation areas. He pointed out various locations (on the overhead screens) for the Ross Prairie State Forest and the Halpata Tastanaki Preserve, as well as the Bel Lago Hamlet and Spruce Creek Preserve development. The project will be a mixed use development that will include both commercial and residential areas. Ideally the commercial area will be a village type center located on SR 200 across from Bel Lago that can serve all these different communities with a more local service community oriented type facility. The area includes a number of different activities; for instance: the Freedom Crossing area, which is located to the north along SR 200 and Highway 484. Utilities are currently available that can be extended down and they will also be participating to create their own water plant facilities that will then be conveyed to the county. The development is proposed as an adult community so schools in the area will not likely get a large amount of impact that they would normally get from existing residential developments, which are now occurring in the general area. The Freedom Library is also located in this area as are a number of parks; although this project will provide its own amenity complexes. Fire stations are located within the region and they are currently in discussions to arrange for the provision of an additional fire station that can support this project, as well as the surrounding cornmunities. Mr. Rison commented on some of the issues they are dealing with that are related and tied back to the Planned Unit Development (PUD), which is something that will be addressed in July, 2017 when this request comes back. He noted the hearing today is for transmittal of the CPA. For a perspective of the area, the site is part of the overall SR 200 Corridor Area, with On Top of the World (OTOW) and Rolling Hills developments sitting in the northwest area. Mr. Rison referred to the map shown on the overhead screens and pointed out what staff refers to as the general triangle area, noting this is the one pocket, which is south SR 200 that is generally referred to, and lies between SR 200 and 1-75, the Cross Florida Greenway and the Marion County line. He stated this is one of the largest properties in the area, as is the Drake Ranch, which is subject to a Conservation Easement for most of that property and the Farrior Investments Holding that is part of the Rocking "F" Ranch to the west. Otherwise, these are the only large areas of undeveloped properties Page 276, Book W

29 remaining in this general region off the SR 200 Corridor that do not have any kind of designation. Chairman Zalak stated when talking about the triangle what is the number of undeveloped platted lots. Mr. Rison guesstimated the gross total in that area is around 30,000 total, between all the different projects that are out there, noting there are about 10,000 existing houses in that area today and opined that number can be at least doubled. He noted there are 3 different areas for which he has recently run numbers and admits he does not have them all completely committed to memory. Mr. Rison advised that he has a table that summarizes the number of existing developments on the ground, number of listed lots, as well as the approved applications underway that have not yet been developed, such as the Ocala Crossings project located at the intersection of SW 95 th Street and SW 80 th Street where SW 49 th Avenue will extend between the two of them. He noted the Winding Oaks Farm annexation was just completed by the City of Ocala and they have undertaken the beginnings of the initial re-zoning and land use changes on the western end of that site. Mr. Rison advised that this project conforms to the Comprehensive Plan; provides for various activities; and includes higher densities although it does have a density averaging for the overall site as a PUD because of the Rural Community designation. Additionally, it will provide a variety of housing where the site will have both single and multi-family, as well as assisted and independent living facilities, which will allow an aging in place community and is one of the approaching types of development that the county is seeing as the population has been diversifying and aging. Mr. Rison referred to the general Conceptual Plan for the project (on the overhead screens), showing the village town center and the different residential neighborhood pods that will occur. It is anticipated that the northwest portion just south of the village town center will be a gated type community, as will the eastern portion. The village center will be open to the public. One of the long term recommendations for staff under the PUD is to provide for some kind of connection to the east that will allow direct access for residents of Florida Highlands to the commercial area in the future, which is being looked at and investigated by the applicants. He noted they will be able to further address this when the PUD comes forward in July, Mr. Rison advised that staff is recommending approval for the transmittal to Tallahassee for review by the state agencies, which includes the Department of Economic Opportunity (DEO), State Division of Historical Resources, Department of Environmental Protection (DEP), Southwest Florida Water Management District (SWFWMD), Florida Department of Transportation (FOOT) and other agencies. Mr. Rison advised that the applicants submitted a DRI application for development approval, which is a notebook that is about 5-inches thick that provides background information for much of this project, including a Historical Resource Analysis. At this point it does not appear that there are any significant historical sites on this property. He stated the final conclusion will occur in July of 2017 when the Objections, Recommendations and Comments (ORC) Report is received from those agencies. Mr. Rison stated the draft Policy for this request summarizes what staff feels will likely be points that will come from the ORC Report so that they can touch on those items that may be of interest to those agencies and address their concerns. Steven Gray, NE 1 st Avenue, attorney, representing the applicant (AZ Ocala Ranch, LLC) was present. He stated he has a couple of general comments before proceeding through the rest of the presentation. One thing he would like the Board to consider, as they Book W, Page 277

30 consider the facts on the application today, which is the first of several appearances, is that this particular applicant is processing this request to obtain approval for the project with the plan that a homebuilder will be building homes. The client is not interested in building lots to sell, which will not add to a lot inventory. The plan is to be a homebuilder, similar to a Del Webb or Shea Homes or some other developers that are actual home builders in comparison to people who just give property and title then build lots they hope can be sold locally. Mr. Gray advised that a Feasibility Study of the site was performed by the most respected feasibility company in the country, Robert Charles Lesser & Co., LLC, who have opined that this project is economically feasible. In the wide range of preliminary work already done on this has gotten into the issue of whether or not there is in fact a market for a project of this size and in that particular area. The consultants who prepared the various reports and the work they did for the application for development approval are also present today in order to ensure that questions can be answered. He advised that a representative of Fishkind & Associates, who provided "a financial analysis regarding the impact of the project on the county and includes ad valorem tax revenue, county services costs, etc. is present; Nicolas Andreyev, Andreyev Engineering, Inc., provided geotechnical reports regarding the property and a geotechnical analysis of the entire project, as well as analyzing the impact of required withdrawals of water to service the project and the potential impact of that withdrawal on nearby wells. The Florida Highlands is a subdivision of tracts that does not have central water and sewer; every developed tract has wells and septic tanks. When this project was first started it was realized that the need to be careful, analyze, and show the county that the project will not have any impact on the water table or neighboring wells. A consultant from Breedlove, Dennis & Associates, Inc., who prepared a complete environmental analysis on the project and identification of all listed and protected species present. A historical and archeological search and analysis, which is a requirement, was prepared by SEARCH, Inc., Orlando, on the entire property. On that element of the report Mr. Gray advised that they already have a Concurrence Letter from the Division of Historic Resources at the State. A representative from Kimley-Horn & Associates, traffic consultants, is also present. Mr. Gray stated traffic is obviously an issue of high impact here with a project of this scope. Mr. Gray noted that staff has prepared a very good report of reviewing everything on the application and the Staff Reports are very detailed. He stated this is the first rural community request to come before the county, noting the Board will not see many of these. This is a land use classification that was added to the Comprehensive Plan in the last round of amendments and what it is intended to do is permit a self-sufficient, mixed use Master Plan community within rural areas of the county. The land use classification also has a set of criteria that has to be satisfied in order to qualify for this particular use. One of the criteria that will probably eliminate a lot of potential project sites is the minimum allocation of 40% of the total site to be permanently preserved in natural open space. Mr. Gray advised that this is a 3,500 acre site (in round numbers), noting the mitigation bank or open space parcel is in the far right and consists of 1,388 acres or roughly 1,400 acres, which is 40% of the total land area of the site. In this particular case, the site physically matches exactly what the land use designation calls for. He referred to the aerial (shown on the overhead screen), noting the property in the 2,082 acre development area (to the lefuwest, in yellow) is primarily for agricultural and pasture use, but does have areas that are forested. Mr. Gray noted the mitigation parcel has considerable wetlands Page 278, Book W

31 March 21,2017 scattered through it, so it works in this particular case to be the permanent open space parcel. He advised that they have been in discussions with both county staff, FDEP and the US Army Corp of Engineers about usinq the open space parcel as a mitigation bank, which he opined is workable with all of the agencies. Mr. Gray stated they have satisfied the overall size requirement, which is only 300 acres, as well as the 40% open space. This will also satisfy the requirement of central water and sewer services, which will not be inexpensive task of constructing an onsite sewer lift station and force main from this site to the county's Oak Run wastewater treatment plant (WWTP); an upfront cost to the developer. An onsite wellfield, 2 wells and a water treatment plant (WTP) will also be constructed for central water services. Both the water and sewer utilities infrastructure (i.e., lift station and force main) and the wrp (i.e., wells and water treatment plant itself) will be conveyed to the county to become part of the Marion County Utilities (MCU) system and MCU will be the utility provider for the project. Mr. Gray addressed the issue of traffic capacity, noting primary access to the project will be from SR 200, where there will be 2 entrances. He stated they have already been engaged with FOOT to obtain specific approval for the northern entrance, which will be the main entrance. FOOT has just completed final design of the work to 4-lane the segment of SR 200 from the With lacoochee River (not the bridge), north to the intersection with Highway 484; however, the project is not yet on the 5-Year Plan. Mr. Gray stated build-out on this project is 20 years, noting there will be 2 years of preliminary construction before actually starting to sell units, so you are talking about 22 years on build-out. Mr. Gray noted FOOT asked for information to be provided regarding a potential design plans for a traffic circle at the northern entrance, which was done and provided. He stated it is an FOOT call as to whether or not there will be a traffic signal or traffic circle. Mr. Gray commented on the considerable contact and communication with county staff working on a sequence of buffer details. He opined that based on their last meeting they are in full agreement with staff, as to buffers around the exterior of the project, other than the property adjoining the Drake Ranch. The project is crossed by the Sabal Trail Pipeline that can be seen on the map (shown on the screen) in red, which has a 50 foot easement, so they will be buffering inside the 50 feet. The adjoining property owners will actually get a 50 foot blank area first and then their buffer treatment. Mr. Gray noted there is different treatment for different buffers; a matrix was created and worked through with county staff. He advised that they have been in discussions with the Drake family and his client tells him that he can assure them that they will have an agreement with the Drake family regarding the buffer along the common boundary between the project and Drake Ranch. It is recognized that Drake Ranch is partially covered by a Conservation Easement and a definite element of the buffer is an 8 foot earthen berm for the entire length of the property, as well as landscaping and tree treatment. Mr. Gray stated when they come back to the Board for the zoning on this matter where they get into more details they will have an agreement with the Drake Ranch, which will be the buffer plan that will be implemented. In response to Commissioner Bryant, Mr. Gray clarified that as he understands the Drake Ranch buffer they are working on contemplates an 8 foot earthen berm and a field fence to prevent game from crossing. Chairman Zalak inquired if the game fence will cover the entire boundary. Mr. Gray noted there is one low spot, but all the rest of the boundary with the Drake Ranch will have the game fence. He clarified that is his understanding of the plan. Mr. Gray stated there will also be an agreed upon vegetative treatment for both sides of the berm, noting there are other things that have been indicated to them that they Book W, Page 279

32 March 21,2017 will handle. One thing in a project like this you can impose some lighting restrictions within homes on one or two rows of the property boundary to really diminish the diffusion of light from the project. He advised that they will do everything that is required to help the Drake Ranch maintain its natural characteristics. Chairman Zalak commented on the conceptual plan and asked if any houses will be put on that boundary. Mr. Gray stated there will be some houses on the boundary, but they will not be right on the boundary. Chairman Zalak inquired if they are going to tell the BCC what the plan is along with the architectural renderings when they bring in the PUD. Mr. Gray concurred, noting they currently already have architectural renderings for all the common areas. Chairman Zalak stated he does not want it to be a conceptual plan, but rather what will occur. Mr. Gray stated the project itself provides for considerable amenities, as well as open space. The development area of the project is over 2,000 acres so the density is not as high. The developer plans to eventually construct one, possibly two, golf courses; each with a separate clubhouse and amenities packages, which will mirror 2 slightly different model neighborhoods. One feature that can be viewed as an amenity is the active Eagles nest; for which the developer is aware of and understands all of the rules regarding the nest and will comply fully with all the setbacks. An area will be set aside, not for contact or close activity for the Eagles nest. The development will also have multi-modal trails to allow for pedestrian walking, bicycling and golf cart access throughout the project. A commercial village will be located at the very northern end of the property that will include an entrance from Florida Highlands, which will be the only access to Florida Highlands. Staff requested that access not be used on SW 150 th Street, which is an MSTU road, that will have an emergency only access at the point where 150 th dead ends on the subject property. (Ed. Note: Reference to SW 150 th Street is later corrected to SW 155 th Street.) Mr. Gray advised that he has already had a meeting with the Fire Chief and has gotten the first package of information from his offices, noting he has a meeting this week with the Fire Chief and the County Administrator. He stated his client would like to provide a 5 acre site on SR 200 at the northern end of the project for an Emergency Medical Services (EMS) Station, which they are willing to participate in funding of that station. Chairman Zalak questioned whether the Homeowners Association (HOA) will be set up to include a reoccurring fund for those operations. Mr. Gray stated it depends upon how it is done. Mr. Gray noted that because they are of a scope of a development that is well above the minimum for a DRI this will go through a review process at the State, more than a normal CPA. He advised that they have completed an application for development approval and submitted it to the county, which includes the whole range of reports as outlined when first starting this presentation. Considerable study has been undertaken regarding the possible impacts of the project, such as traffic, etc. Because it is recognized as a real question among the residents, particularly in Florida Highlands, the impact of drawdown of water for the project on local wells/adjacent wells and for that reason Mr. Gray requested the consultant be permitted to give an overview of how this works, how the state monitors it, and what the effect of the drawdown will be from this project. Chairman Zalak asked if the 20,000 plus trips per day will also be addressed. Mr. Gray concurred. Commissioner Bryant out at 2:48 p.m. Page 280, Book W

33 March 21,2017 Nicolas Andreyev, Andreyev Engineering, St. Johns Parkway, Sanford, advised that his company performed the initial feasibility study and a follow-up, both geotechnical and hydrogeological assessment of this project. The company does quite a few of these type projects; however, this one was a little different from the fact that the client wanted most of the work done upfront and not during the permitting process. He commented on applying for a water use permit after approval of the zoning, etc. Mr. Andreyev stated they performed the geotechnical and groundwater studies in advance to make sure the design proceeds with knowing the answer first and then designing the system. Generally, at this level some geotechnical borings are done and final borings are done at the end; however, with this project they were requested by the developer to do a complete investigation using ground penetrating radar (GPR), which allows one to define the subsurface conditions on a full scale level of the site and zoom in on areas that have anomaly's or concerns. Areas of concern were then drilled to make sure that physically they were able to find any issues. The process is a little unique and the company is starting to do a little more of this, where areas of concern are identified so the developer can then stay away from them or treat them accordingly. Commissioner Bryant returned at 2:49 p.m. Mr. Andreyev advised that they basically find areas that are developable; define the thickness of clay and sand in a base map and then the designers go and layout their project. When it came to groundwater it is the same thing; typically, they do modeling when a project gets to the point of permitting. The best tool they have from a scientific point of view is the latest water management districts regional groundwater model that has 5 or 6 layers depending on where you are. Most models have 2 or 3 layers and the latest model has been defined more accurately as data is collected. He stated that model was used to move the withdrawal points around the project area and moving into the northwest away from the river and Gum Spring to minimize that impact. If you look at Gum Springs, the springshed area goes mostly north and just clips a little corner of the preservation area. The springshed is at least 2 miles away from development areas. In order to minimize impacts the wells were moved to the northwest and for potable water the current estimate is 2.1 million gallons per day (mgd) of potable water supply that will be withdrawn from the upper Floridan aquifer. Irrigation water has an option of either going lower Floridan to minimize impacts of about 1 mgd, or maybe a combination of stormwater in the future, which has not yet been defined. Mr. Andreyev stated they wanted to first make sure that the groundwater portion works; even if permitted without stormwater it will still work. The bottom line is that using the latest and best scientific tool available that is proven or tested predicts that the effect of the withdrawal will be less than 1/10 th of a foot at the spring, which is the criteria the district uses as to whether or not to investigate further. If the impact or the drawdown is less than 1/10 th of a foot then no further studies are needed. By moving the wells and reducing the withdrawal amounts to the Upper Floridan, for potable water, they are able to show there is basically no impact. The impact to the river, to the south, is also at.1. The conclusion at this point is that this project has been modeled and designed so that there will be no questions as they go along and by the time they get to permitting the same conditions will exist and will show less of an impact if anything because it will most likely be recharge effect from irrigation. When a development area is irrigated you end up having more recharge because when it drains it has already been irrigated when the water goes through the soil and recharges the aquifer. Mr. Andreyev stated at this point, that [recharge] was not counted for conservatism to make sure it works and is confident that this project will have no impact Book W, Page 281

34 March 21,2017 on any of the natural resources or the wells. He noted they also looked at the drawdown on nearby wells, which will not be impacted. Chairman Zalak inquired if the irrigation impact also included the golf course calculations. Mr. Andreyev stated it does. Mr. Gray advised that he can also confirm that treated effluent will be taken back from the county for reuse. In response to Chairman Zalak, Mr. Gray stated it will be used on the golf courses, noting they also have an option of doing water harvesting, which would include taking the reuse and putting in drainage ponds for use as irrigation water. He further clarified that they will definitely be taking the reuse water back from the Oak Run plant. Mr. Gray commented on the traffic impact, noting one thing to consider is that build-out is one aspect. In the first 5 years if 200 homes are built for the first 3 years selling they would only be at 600 homes, so it will be a slow process of getting trips onto the road. He advised that he did mention that FDOT has the plans completed for this segment, which is likely to get on the funded list very quickly. Chairman Zalak questioned whether the FDOT plan includes the bridge. Mr. Gray stated he is not aware of anyone doing any plans for the bridge. Chairman Zalak noted the bridge is already a problem. Mr. Gray reiterated that this is a homebuilder wanting to build a project; to build and sell homes, not to build lots and hope buyers can be found. This developer has considerable experience in the Phoenix, AZ area and is a national scope developer. As you can see from Mr. Andreyev's comments the developer has tried to get out in front of everything and analyze it all in advance. He requested the Board to approve transmittal to the state, noting the Board will receive review comments from a number of state agencies. Commissioner Bryant questioned whether the developer will be developing up to county specifications. Utilities Director Angel Roussel advised that they will have to meet county specifications. Chairman Zalak opened the floor to public comment. Alisha Lewis, SW 85 th Avenue, Dunnellon (Florida Highlands), advised that she is speaking somewhat as a representative for the Highlands, noting she recently held a meeting where concerns were addressed. She noted that according to the US Department of Interior a large scale development will cause existing wells to dry up and sinkholes in the adjoining areas. Ms. Lewis advised that Florida Highlands already has 1 registered sinkhole. She addressed comments relating to drawdown of 1/10th; however, at the P&Z Commission meeting a different expert said it was 2/10ths. Another issue is that FDOT did release its 5-Year Plan and that section is still in the environmental phases. Ms. Lewis expressed her concern with re-zoning and congestion on the road. She stated 2 of their major concerns is the drawdown and traffic impacts. Ms. Lewis requested the Board delay rezoning until after the FDOT determines whether or not it will go through with their plans to widen SR 200. Guy Marwick, NE 1 st Street Road, Silver Springs, commented on a recent minimum 110ws and level (MFL) process regarding Gum Slough, which can stop additional pumping in nearby wells. He stated because Gum Slough is down, it is his understanding that SWFWMD has attributed a lot of that to well fields in The Villages, which is further away than this subdivision. Mr. Marwick advised that you cannot take 3 million gallons per day without having an impact on local wells and some impact on Gum Slough. He stated his second concern is with 2 golf courses, noting springs are suffering from a decrease in Page 282, Book W

35 flow and nutrients that a golf course would add to the groundwater. Mr. Marwick requested the Board to take his concerns into consideration. Bruce Littrell, SW 160 th Street, Dunnellon (Florida Highlands), presented a 7 page handout expressing his opposition to the zoning and large scale land use changes, noting many of his concerns have already been spoken about today. He advised that his concerns are in regard to water, potential damage to wells and the aquifer, loss of pervious area to the watershed. Mr. Littrell referred to "Enclosure 1" (page 6 of the handout), which is entitled, "Phase 1 Water Shortage declared in Villages". He stated he lives near the open space portion of the project so the construction will not bother him, but he is concerned with the wetlands since he lives in a flood zone area. Mr. Littrell referred to the Marion County LDC, Section Open Space, noting the open space parcel is proposed to be held in a mitigation bank and advised that the Compensatory Mitigation Site Protection Instrument Handbook for the US Corp of Engineers Regulatory Program provide both suggestions and prohibited uses, as well as possible acceptable permissive uses of land and suggested the Board recommend that clearing, cutting and mowing be included as prohibited uses. He further suggested the Board take into consideration restricting the fence height to 4 feet for the parcel along the north border with Florida Highlands, as referred to on the map labeled "Enclosure 2" (last page of handout). Commissioner Gold out at 3:08 p.m. David MacKay, SW College Road, advised that he is speaking as a public citizen in opposition to the project. He stated he feels very strongly that this type of development in this area is totally incompatible and personally thinks it meets the definition of sprawl, as it is not near any other significant development. The Florida Highlands and to some extent, even Marion Oaks are sad reminders of the inability to control planning from decades ago, but those do not justify furthering that imposition of high density residential out in this area. Mr. MacKay opined that this will be a complete disaster for the value and aesthetics of the property and to the community. He noted the property is surrounded by preserved property. Commissioner Gold returned at 3:10 p.m. Mr. MacKay advised that another issue is in the way the Comprehensive Plan is written regarding the big enticement or bonus for setting aside 40%, which in exchange they get to claim in development rights; however, in this instance is being proposed for a mitigation bank. He opined that it seems to be a kind of double-dip and asked why Marion County should set aside 1,300 acres as open space and then turn around and allow this developer to sell off all those entitlements to other adverse impacts to the environment elsewhere. Mr. MacKay stated there is a real conflict of interest in the county saying it is preserving this property in exchange for this huge development, while at the same time allowing the developer to sell those rights back to others. He advised that he is opposed to the project for a lot of reasons. Chris Spontak, SE 35 th Court, commented on nearby springs, such as Gum Slough, Gum Springs and springsheds. He noted the springs in this area are already suffering in both water quality and quantity. Mr. Spontak advised that Wilsonhead Spring is located 1/2 mile from the development on the Drake Ranch property, noting it is not as navigable as Gum Slough. He opined that Citrus Blue Springs is 3/4 of a mile from this development, across the Withlacoochee River bordering the river on the Citrus County side will also be negatively impacted. Mr. Spontak stated Gum Slough Springs and Citrus Blue Springs were once second magnitude springs, noting Silver and Rainbow Springs are first Book W, Page 283

36 March 21,2017 magnitude springs. He expressed concern with wells being impacted and questioned who will pay when people have to drill deeper. David Brass, SW 145 th Court, Dunnellon, stated he is confused by some of the comments heard here today, noting he was unaware of this projects existence until 11:00 a.m. this morning. In response to Mr. Brass, Chairman Zalak advised that SW 155 th Street is an emergency access only. Commissioner Bryant opined that Mr. Brass is speaking about the commercial entrance. Chairman Zalak advised that access to the commercial portion will not be from SW 150 th Street. Commissioner Bryant opined that an entrance is planned off SW 160 th Street into the commercial portion. Mr. Brass stated there is only 1 paved road in Florida Highlands that comes off the entrance at SR 200. Mr. Rison clarified that the emergency access addressed is a gate for emergency access only by siren vehicles to SW 155 th Street, noting SW 160 th Street is the southern limit of Florida Highlands. In response to Mr. Brass, Mr. Rison advised that SW 155 th Street is the emergency access and further north toward the entry to SR 200 in the SW 140's range is where one of those roads will be made available for a back entrance into the commercial area. Mr. Brass inquired as to whether the project is an adult community for those 55 years of age and over. Mr. Rison advised that an adult community, which means all the residents are 19 years of age and over; however, the initial primary marketing will likely be toward a more retirement community. Mr. Brass inquired as to the types of businesses in the commercial area. Mr. Rison stated they are anticipating B-1 (Neighborhood Business) zoned properties or B-2 (Community Business), which can be a general shopping center or potentially a grocery store. He advised that it is a combination of about 135,000 sf of retail and office space that will be accommodated within the development project, plus the assisted living facility and any independent living facilities, which will be the primary village area. Mr. Brass questioned the amount of traffic flow the development will precipitate. Mr. Rison stated the traffic study analyzed the effects on the segment over a period of time and determined the only primary failure at this point is a left turn from SR 200 to go north bound on SW 60 th Avenue, which is much closer to the City of Ocala. He noted the requirement to address that issue, as well as some other operational improvements for signalization along the roadways. Chairman Zalak stated the traffic study has already been conducted and will accommodate about 20,000 plus trips per day. In response to Mr. Brass, Mr. Rison clarified that the commercial portion will front SR 200 and the county is looking for them to provide a back door into the commercial area so that a resident from Florida Highlands does not have to go to SR 200 to access that shopping area. Mr. Brass questioned the number of total dwelling unit acres that will be available to build houses. Mr. Rison advised that the acreage for development is 2,082 acres, noting there will be 5,400 single family homes, 250 apartment units, 216 independent living facility units and 150 beds for the assisted living facility. Mr. Brass expressed his concern with seeing the pristine environment change, noting he is an engineer by trade and the proposed project will be a major impact regardless of whatever the hydrogeological study says. Chairman Zalak advised that public comment is now closed. Chairman Zalak noted the only thing the Board is considering today is the transmittal to the state. Mr. Rison concurred. Page 284, Book W

37 Commissioner Moore inquired as to what the state is going to look at and provide comments on. Mr. Rison advised that the state will look at it for impacts to state resources, as that is their task and assignment pursuant to Florida Statutes for these types of projects. For instance, the water management district will be looking at the effects on the water systems, as will DEP. Also, the Florida Fish and Wildlife Conservation Commission (FWC) will be looking for listed species; the FDOT will be looking at it for traffic impacts and so on. They will be assessing all of that and in the past a DRI would get a Development Order; however, the way they are looking at it now is that the county will get the Text Policy saying these are the primary concerns or issues and here is how they will be addressed for the project, which will be the ORC Report that is officially provided. This review period for those agencies is 60 days, rather than the normal 30 day period. Commissioner Moore questioned how the mitigation bank works. Mr. Rison stated a minimum of 40% of the property is required to be put into a permanent open space designation, which is required for the Rural Community land use designation. Mr. Gray advised that the Marion County Code requirement is that 40% of the gross land area has to be set aside as permanent open space, which they are doing. He stated even as a mitigation bank the property will be a permanent open space, noting people do not buy interest in the land, but rather buy rights to impact wetlands and other areas, by contributing into the mitigation bank. Monies generated is used to maintain the mitigation bank and is not reselling the land. Mr. Gray briefly addressed mitigation credits, which can slow down development without available credits. Chairman Zalak inquired as to what happens if there is no mitigation bank. Mr. Gray explained what occurs, noting the first rule is you have to buy the mitigation credits from within the existing credit basin. DEP has a sequence of basins that are designated for credits. First you have to make a good faith effort to buy the credit inside the basin, if there are no credits available in a particular basin or if you can prove to the agency that the owner is not negotiating in good faith in comparison to the price of credits throughout the state they will occasionally, but not always (unless there are no credits in the basin), allow you to go to exterior basins looking first at basins closest to you. He commented on a project with the Central Florida Expressway Authority to find 190 credits, which is a very large number of credits, noting they had to go outside the Orlando area into 2 other basins to get that number of credits. In response to Commissioner Bryant, Mr. Gray stated the credit allows you to impact a certain area of wetlands. Commissioner Bryant inquired as to the number of credits that will be generated. Mr. Gray advised that the determination of credits is based on the assessment of the quality of the wetlands. A system called UMAM, which is an acronym for Uniform Mitigation Assessment Method, is for wetland credits. You cannot assume that if you have 2,000 acres you will not get 2,000 credits. There was a recess at 3:32 p.m., due to technical difficulties. The meeting resumed at 3:43 p.m., with all members present except Commissioner Stone. Mr. Gray stated they have been in conversation with staff in regard to the open space being used as a mitigation bank for a long time and got a conceptual plan approval before going to DEP and the Army Corps of Engineers, noting this is not something they just dreamed up and threw in here. He stated this allows them to make this arrangement work Book W, Page 285

38 March 21,2017 and is not sure that most people are going to be able to do something to set aside 40% of their land space, which is a huge set aside. In response to Commissioner Bryant, Mr. Gray stated the set aside will be left natural, noting they are only able to enhance the natural open space. Jeff Pardue, Breedlove, Dennis & Associates, East Liberty Street, Brooksville, advised that this is not a new novel concept as mitigation banks are all over the State of Florida. The state made a decision several years ago that mitigation banks are in a lot of ways preferable to onsite mitigation and trying to take uplands and create wetlands out of them as mitigation project developments. To the county's point, the only thing that happens here is the improvements to the habitat. The only way to get credits from a mitigation bank is to take what is there and either make improvements to the wetlands, the hydrology of the wetlands, wildlife usage, restoring a habitat to a more native state, are where you get your credits, which is decided in the permit process. He advised that he cannot tell the Board today what will happen with this property, noting there may be a different assessment from SWFWMD than from the Army Corps of Engineers. Mr. Pardue noted as Mr. Gray mentioned earlier, they went to the Corps of Engineers and SWFWMD and advised them of what was planned and both were fine with what is being proposed here. Commissioner Bryant inquired as to an estimate of credits from this project and what those credits are worth. Mr. Pardue stated the credit values are set by the mitigation banks themselves, noting today you would probably get a credit price between $150,000 to $200,000 per credit, which is not per acre, but for the amount of improvements. If there is an impact, you have to do the same assessment on the impact side as you do on the lift side. You will have to take whatever the impact debit was and get a credit on this side to offset the impact. He advised that as far as this project is concerned, there are federal and state agencies that issue credits, neither of which will necessarily end up with the same number. The way they assess is slightly different. Mr. Pardue opined that for this site they would expect to end up somewhere around 40 credits, at the federal level; and at the state level with the water management district it may be as much as 300 credits (ballpark figures). He commented on selling the credits and whether a federal or state credit is needed. General discussion ensued. Mr. Pardue advised that as a mitigation bank it will be managed in perpetuity, as opposed to open space that mayor may not leave the county with an obligation. There is no long term obligation for anyone to manage open space; however, the permitee for the mitigation bank has to set up an endowment to provide funds to manage it in perpetuity. Chairman Zalak questioned whether a Basin Management Action Plan (BMAP) has been prepared for the Withlacoochee. He noted comments were made as to runoff from fertilizer on the golf course and the plethora of new homes in a sensitive area not far from the river. Mr. Gray advised that they are aware of the concern and opined that when they come back with more definite plans, actual construction plans, rather than a conceptual plan, they will retain all of their runoff onsite so there will be no discharge to an adjoining property owner. He stated runoff from the golf courses or anything else that is constructed will be maintained. A plan that is acceptable to the county regarding maintenance and operation of the golf facilities will be prepared. Commissioner Bryant commented on the submittal and asked if what the county will get back is a much more in-depth report from the state on this project than what is normally received. Mr. Rison concurred, noting the county used to get the ORC Reports before the requirements were changed, which addressed certain concerns. In this case because it Page 286, Book W

39 March 21,2017 is the DRI styled review, the state will be proposing some particular items. He noted that is why the draft of the Policy staff provided includes items they think will likely come up to be their model to comment on. For instance, there is reference in staff's recommended Policy to send up for consideration a condition about the buffering to the Drake Ranch site, which focuses on the conservation area because the Conservation Easement is to one of the state's agencies and is a state resource they will be looking at. Commissioner Bryant asked if it will focus on any of the impacts to the Withlacoochee River. Mr. Rison concurred, noting the water management district (SWFWMD), DEP, FWC, etc. Commissioner Bryant noted other springs mentioned will also be included. Mr. Rison stated that is correct and advised that is where DEP and the water management districts are controlling entities for those reviews. Commissioner Gold asked if Florida Highlands still has a fire department. Mr. Bouyounes stated there is a volunteer fire station, but does not believe that it is manned at this time. Commissioner Gold inquired if the fire stations on CR 484 and Marion Oaks are within the 5 mile radius. Mr. Bouyounes stated they are not. Commissioner Gold noted if this proposal is added it will provide better services. Mr. Bouyounes concurred. Chairman Zalak opined that the problem is with manning another station. He stated the reality is that 30,000 to 40,000 lots will be going in closer to the triangle where lots have already been approved. Chairman Zalak expressed concern with putting resources in this area. If looking at a map the county would probably put another station closer to Station 20 or 21. Commissioner Bryant noted they are talking about a 20 year build out and in 20 years services will be needed in this area. General discussion ensued. A motion was made by Commissioner Gold, seconded by Commissioner Moore, to approve transmittal of Large Scale Comprehensive Plan Amendment No , agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the land use change will not adversely affect the public interest, is compatible with land uses in the surrounding area, is consistent with Chapter 163, Florida Statutes (FS) and the Marion County Comprehensive Plan. The motion was unanimously approved by the Board (4-0). In response to Chairman Zalak, Mr. Rison advised that this matter will come back to the Board at the July 18, 2017 zoning meeting. It was noted for the record that the Deputy Clerk received a 4 page handout and a 1 page map labeled, "Map B: Aerial Photograph" from staff in regard to Items 14B2 (17-001) and 14B2a (170301Z). 1482a Z - AZ Ocala Ranch, LLC and Marion Mitigation, LLC, A-1 to PUD, Acres The Board considered a petition by AZ Ocala Ranch, LLC, Scott Seldin, President, and Marion Mitigation, LLC, (owners) / Lee Clyner, PE (BFA) and Steve Gray, Esquire (GAH) (applicants), 7339 East Evans Road, Suite 201, Scottsdale, AR, for a zoning change, Articles 2 and 4, of the Marion County Land Development Code, from A-1 to PUD on approximately 3,470.5 acres of Parcel Account Nos , , , , , and (17 001). WRITIEN OPPOSITION WITHIN 300 FEET: 1 of 195 = 1%. Book W, Page 287

40 March 21,2017 PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. lord seconded by Mr. Gaekwad to agree with staff's findings and recommendation, and recommend approval based on the following findings of fact: 1. Will not adversely affect the public interest. 2. Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. The motion passed 6 to O. This matter was addressed with Item 14B2 (17-D01) SU - Generation III, llc, Special Use Permit in A-1 and M-1, Acres The Board considered a petition by Generation III, llc, Donald R Deluca, Secretary, (owner) I Jimmy Gooding (applicant), 600 Gillam Road, Wilmington, OH, for a Special Use Permit, Articles 2 and 4, of the Marion County land Development Code, for an Equestrian Show Center in an A-1 and M-1 zone on approximately acres of Parcel Account Nos , and WRITIEN OPPOSITION WITHIN 300 FEET: 0 of 37 =0%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. lord seconded by Mr. Gaekwad to agree with staffs findings and recommendation, and recommend approval of the Special Use Permit based on the following findings of fact: 1. Will not adversely affect the public interest. 2. Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. The Motion passed 6 to O. Senior Planner Kim Dinkins, Growth Services, commented on the Special Use Permit request for an equestrian events facility on about 478 acres in the northwest portion of Marion County, just north of Highway 40 at NW 80 th Avenue. This is part of what staff expects to be a large scale equine community, which lies between the existing Golden Ocala subdivision to the north and the equestrian estate subdivision to the south. The future land use is medium density and the zoning is mainly A-1 (General Agriculture) with a small portion of M-1 (Light Industrial), neither of which is consistent with the future land use. Staff typically would not look at a use like this in this type of land use; however, it is expected to come in with a larger PUD and it is currently an agricultural property. Ms. Dinkins referred to the World Equestrian Center Concept Plan (in the Agenda packet) showing 4 covered arenas, 8 barns, an open ring with spectator seating, additional show rings and paddocks, with parking to accommodate approximately 1,000 vehicles. The arenas and barns cover about 20 acres of impervious surface. The property is currently mainly improved pasture and has been in this condition for quite some time. Staff has attempted to develop Conditions that consider potential off-site impacts of traffic, noise and glare, as well as on-site impacts from stormwater, groundwater and threatened and endangered species. A major site plan and complete traffic study is going to be required. Staff understands that an environmental assessment has already been conducted. Ms. Dinkins addressed the Conditions that were developed in advance of the major site plan submittal. Staff wanted to ensure that the applicant was aware of what will be required before submitting the site plan because construction is taking place under the agricultural exemption from building permits. She referred to Condition NO.8 in regard to an expansion of the applicant's original use of the equine facility just for equine events to Page 288, Book W

41 include household animal events, convention and auditorium usage, knife shows, car shows, recreational vehicle (RV) shows, and uses that are similar in nature. It was noted that both Growth Services Department staff and the P&Z Commission recommend approval of the Special Use Permit with the following Conditions: 1. The site shall be developed and operated consistent with the submitted conceptual plan. 2. Within 120 days of approval of the Special Use Permit, a completed traffic impact study and major site plan must be submitted for Development Review Committee Approval. Additional coordination with the Office of the County Engineer pertaining to traffic control may be required if events are held prior to these submittals. 3. Ingress and egress shall be from NW 80 th Ave, US HWY 40 and/or US HWY 27. Prior to hosting events, permits for connection to roadways must be obtained from the designated agencies (Marion County and FOOT). Driveways shall have and maintain paved aprons consistent with Land Development Code requirements. 4. Parking in the Right of Way of NW 80 th Ave. or US HWY 40 is prohibited. The applicant is responsible for ensuring adequate signage and directions are visible to patrons to prevent such parking. 5. Under this SUP, ingress/egress at NW 1ooth Avenue is prohibited for event traffic, unless or until adequate traffic study has been conducted and driveway permits are acquired. However, a special event permit may be obtained periodically for ingress/egress on NW 1ooth Avenue, provided that the frequency and conditions meet the requirements of the Land Development Code for those permits. Nothing in this statement limits access to NW 100 th Avenue for daily operations of the site. 6. The facility will utilize centralized water and sewer, per the Statements of Fact. 7. The height of all buildings shall be less than 65ft from the ground surface. 8. This special use permit is limited to the following events: equine events (e.g., horse shows); household animal events (e.g., dog shows and cat shows); convention and auditorium usage (e.g. high school graduations); gun and knife shows; car shows; RV shows; and uses that are similar in function and reasonably anticipated to have a similar impact on surrounding properties. Any other events will require a special event permit. 9. Arena lights shall be aimed toward the subject property and shielded to minimize glare and light trespass onto adjacent agriculturallresidential properties as required by the LDC. 10. Sound Amplification shall not exceed limits set forth in Section 13-7 of the Marion County Municipal Code of Ordinances (noise ordinance). 11. The site shall be designed and maintained to minimize erosion, wetland degradation and wasteful water use. This will be ensured through enrollment in Best Management Practices identified by a Notice of Intent, filed with the Department of Agricultural and Consumer Services, as periodically revised or, compliance with a Nutrient Management Plan prepared by a professional engineer that is a NRCS approved Technical Service Provider (if BMP enrollment is not required by FDACS). Book W, Page 289

42 March 21, Livestock waste (manure and bedding) shall be stored in a water-tight structure that will not allow stormwater discharge. At no time shall livestock waste be allowed to accumulate beyond the threshold of the livestock waste storage area. Waste storage may include roll-off containers, provided that they are water tight. 13. Jurisdictional wetlands and special flood hazard areas are to be delineated, agency-verified and included in the details of the Major Site Plan. 14. Where the site abuts improved properties that are not in common ownership with applicant, a Type D buffer, or modified Type D with berm instead of a wall, is required, unless the adjacent landowner indicates in writing that a modified buffer will suffice; as to such abutting properties that are not improved when the subject property is developed but are subsequently improved, applicant shall install the buffer within 90 days following the completion of the improvement. Along the road right of way, a minimum of a Type C buffer is required. 15. The applicant is responsible for obtaining any DEP or Water Management District permits that apply to the equine events and operations. If the operation is exempt from permitting because it does not present a possible threat to ground or surface water, a letter stating such from the relevant agency will suffice. 16. Common area landscaping shall demonstrate Florida Friendly Landscaping Principles to the greatest extent possible, as defined in LDC Sec A. 17. This Special Use Permit does not include issues related to public health or safety that may need to be addressed under separate permits, such as but not limited to, food preparation and handling for temporary vendors. 18. This Special Use Permit shall run with the property; provided, if the use permitted is hereafter approved pursuant to a Planned Unit Development that includes more or all of the property and permits use of such property for uses permitted hereby, the use shall thereafter be governed by the Planned Unit Development zoning and not by this Special Use Permit. (Ed. Note: NRCS is the acronym for Natural Resources Conservation Services; BMP is the acronym for Best Management Practices; and FDACS is the acronym for Florida Department of Agriculture & Consumer Services.) Chairman Zalak asked if the Special Use Permit is technically on agriculture or medium density. Ms. Dinkins stated the land use is medium density; however, the current use is agricultural and has an agricultural exemption from the Property Appraiser's Office. The property has been being used as pasture. Chairman Zalak clarified that it is technically an equine facility on agriculture with a Special Use Permit. Ms. Dinkins concurred. Jimmy Gooding, SE 36 th Avenue, attorney, representing the applicant on the project, was present and stated this is actually a follow-up to something that will be on the BCC Agenda later on. He noted when they were here in October of 2016, on the PUD plan regarding the Wormser property, which was at 1 du/a that is now changing, there was significant discussion at that point particularly to Chairman Zalak's concern as to whether that property was really going to be related to an equestrian facility; and this is the fruit of his client's efforts in that regard. As staff explained, this is Phase 1 of the proposal and includes 4 covered arenas, 1 uncovered arena, 8 boarding stall barns, a snack area (that will be more like a restaurant); the access will be from Highway 27, Highway 40 and NW Page 290, Book W

43 March 21, th Avenue. Staff is requiring and they are agreeing to a traffic study, as well as a major site plan approval. There will be no access from NW 100 th Avenue for event traffic, until a traffic study is conducted and driveway permits are issued. Central water and sewer; restrictions on lighting and sound is as staff explained. In response to Commissioner Bryant, Mr. Gooding advised that they will get to the site through the Wormser property, noting there is no access to NW 100 th Avenue on that parcel. He referred to the map (shown on the overhead screens) and pointed out where they propose access. David Tillman, Tillman & Associates Engineering, LLC, SE 17 th Avenue, addressed the connection, which he opined is around NW 21 st Street He noted another connection will be a little bit further north where it turns and becomes NW 95 th Avenue Road from another piece of property on the opposite side of the road that they are looking at to make a connection to NW 100 th Avenue. Mr. Gooding advised that later on they will come back with a project that will go through the same procedure as did Mr. Gray, but not at the same scale. Chairman Zalak inquired if they will be a DRI once everything is put together. Mr. Gooding stated that is correct, or what was once called a DRI and is now referred to as a DRI Review. He advised that there will have to be some access from NW 100 th Avenue for those residential lots that will be in that portion, which will use the same entrance for the facility. Commissioner Bryant inquired as to why access could not be used to the one closest to Highway 27. Mr. Gooding stated that entrance is currently far north. In response to Commissioner Bryant, Mr. Gooding opined that most of the traffic will undoubtedly come off Highway 27, Hiqhway 40 and NW 80 th Avenue. The only people he foresees using NW 1OOth Avenue is people in that area since no one will intentionally turn on that road to get to this project. Commissioner Bryant questioned the need for that entrance from NW 100 th Avenue. Mr. Tillman advised that entrance is not part of this application or part of the review, but will be part of the PUD they plan on bringing back at some point. He noted NW 100 th Avenue is not a connection they are proposing with this development at this time; however, it is something he believes that will be part of the negotiations with the county when the overall PUD is brought back. Commissioner Bryant stated she hears what he is saying, but the Conceptual Plan shows access to NW 100 th Avenue. Mr. Tillman advised that the intent is to have a roadway that will circumference the entire parcel and is showing connection points that will be heading out throughout the remainder of the development to make connections to the adjacent roadways to all properties that are connected, of which NW 100 th Avenue is one. Chairman Zalak inquired as to the number of parking spots for the entire project. Mr. Tillman stated there is almost 1,000 parking spots laid out, but some are labeled as future parking. Commissioner Bryant expressed her concern with having access off NW 100 th Avenue, which will get used and will change the character and use of the road. She stated she does not have a problem with having access to a road closer to Highway 27 on NW 100 th Avenue in the northern portion of the development. Commissioner Bryant opined that for what NW 100 th Avenue is, which is a slag road, no additional traffic need be added in that portion. She stated there is plenty of ingress and egress off NW 80 th Avenue, Highway 40 and Highway 27. Commissioner Bryant stated the character of the small rural road in that portion of NW 100 th Avenue needs to be maintained. Mr. Tillman advised that when they are completing the planning for the remainder of PUD they will be submitting he will Book W, Page 291

44 discuss this with the client. He stated they have to maintain connection to NW 100 th Avenue since the client owns property on the opposite side, but that is father up north. Commissioner Bryant stated she understands, noting it is up closer to Highway 27. In response to Chairman Zalak, Commissioner Bryant stated she is okay with the connection closer, but has concern with the one further down. Mr. Tillman advised that they will make note of that as they finish the Master Plan. Commissioner Bryant stated she wanted all of this on the record. Mr. Gooding noted he understood. Mr. Gooding advised that whenever there is a project like this it is sometimes speculative, but in this case they are in the unusual position as his client actually owns one of these up north. He noted this will be fancier than the one up north and shared several photographs on the overhead screens showing the exterior, indoor facilities, etc. Mr. Gooding advised that the facilities are used for more than equestrian events. Commissioner Bryant stated there is not a doubt in her mind that what Mr. Roberts will do will be first class. Mr. Gooding stated this will be a first class facility and the anchor for a Wellington type community. He opined that it will enhance property values of surrounding properties. Mr. Gooding noted his client has betted on this by buying hundreds of acres of property nearby that he intends to develop with this site. This is Phase 1 and a larger plan will be proposed that will trip the DRI thresholds. Mr. Gooding stated they will be back with an expansion of the facility at that time. He advised that his client wanted to get started on the project so that he could begin marketing the Wormser property when it is approved as an equestrian facility and booking events. It is anticipated that the larger plan will replace the Special Use Permit. Mr. Gooding noted he does not ordinarily respond to anticipated opponent comments until rebuttal, but in fairness to Dr. Sivilich who sent the BCC a very lengthy he would like to let her know what their position is so that perhaps she can address some of those issues. He noted the initial objection by Dr. Sivilich is in regard to the environmental assessment for listed species, which she opined had not been conducted. Mr. Gooding advised that it was exempt from the requirement for the assessment under the Marion County Comprehensive Plan because of the agricultural component. He stated if they do not get the Special Use Permit his client will have a bunch of barns they cannot use. Even though they were not required to conduct the assessment it was done anyway. Mr. Tillman distributed a 19 page handout entitled, "World Equestrian at Golden Ocala, Ecological Site Assessment" prepared by Modica & Associates, which includes the significant 'findings. Mr. Gooding noted that no protected species were found on the site except for 5 gopher tortoise burrows (as referenced on page 4 of the handout). The Florida Fish and Wildlife Conservation Commission (FWC) requires that any survey for gopher tortoises be less than 90-days old. The survey conducted by Modica & Associates will be valid until May 13, An updated survey may be required in the future if relocation activities are not initiated prior to May 13, He stated the gopher tortoises will have to be relocated before May 13 th. Mr. Gooding noted Dr. Sivilich's next argument was that no archeological study was conducted. He advised that archeological studies are not required for every development. An archeological assessment is required where archeological resources have been previously identified or on large scale projects, such as Mr. Gray's was and their next one will be. There are no indications of any archeological resources on this property. Mr. Gooding advised that Dr. Sivilich does not like the fact that construction was allowed to commence. Construction legally commenced under the agricultural exemptions. He Page 292, Book W

45 March 21,2017 noted his client is the one taking the risk; if the Special Use Permit is not granted then he will have a bunch of very nice barns for horses. Mr. Gooding stated Dr. Sivilich's real issue is that it is not in the original location. When the application was originally submitted they thought it was going to be farther to the north than the west. He advised that his client acquired the property previously owned by Mr. Brunetti, which is the current location of the property and moved it there shortly before the P&Z Commission hearing where it was going to be considered for a couple of reasons. One reason being the previous location was rural, next to active horse farms and the current location is medium density residential next to a road, which is more suitable for this type of development. Mr. Gooding advised that other issues raised by Dr. Sivilich in regard to traffic will be addressed with a traffic study. He stated noise is dealt with in the Special Use Permit Conditions. Mr. Gooding noted that Dr. Sivilich objects to the use of NW 80 th Avenue, which he understands; however, it is a collector roadway. In response to Chairman Zalak, Mr. Gooding advised that a traffic study has not been conducted at this point, although a traffic consultant has been retained. In response to Chairman Zalak, Mr. Gooding opined that Condition NO.2 requires them to do the traffic study rather quickly. He noted that before the property can be used traffic issues have to be resolved. Chairman Zalak expressed his concern with getting traffic back out on Highway 27. Mr. Gooding advised that the main entrance sign will be off Highway 27, noting a new driveway access will also be off Highway 27; traffic will not be dumped on NW 80 th Avenue. There will also be another entrance through the Wormser property straight down Highway 40, Chairman Zalak opened the floor to public comment. Dr. Michelle Sivilich, NW 70 th Terrace, reiterated that she sent a long to Commissioners and advised that her main concern is the new location as she feels this is a community that will be built up around the event center, which should be buffered between the existing residents and the event center because the Special Use Permit covers various events, such as: equine, animal, car, gun shows, etc. The phrase, "uses that are similar in function and reasonably anticipated to have a similar impact on surrounding properties" is of concern. She questioned who decides, noting a rock concert is different than a horse show. Residents would like some assurance that events will not be scheduled every weekend, as most horse events are in the wintertime. Chairman Zalak stated he is sure they are going to try and rent the facilities out every weekend. He noted the Southeastern Livestock Pavilion (SELP) is booked most weekends. Dr. Sivilich stated she does not want to live next to SELP and if it is going to be that way she requested that it have more of a buffer. Chairman Zalak noted the facilities are enclosed. Dr. Silivich stated there is no scale provided on the map so she does not know how close to NW 80 th Avenue it is, but noted it is only 2 indoor arena lengths away from the road to parking -. Dr. Sivilich advised that her biggest concern is the piecemeal approach. General discussion ensued. Chairman Zalak advised that public comment is now closed. In response to Commissioner Bryant, Mr. Gooding commented on the buffering, noting the distance from the facility to NW 80 th Avenue is roughly 1,400 feet. He stated he understands the piecemeal approach comment; however, in this instance it was truly unavoidable. Commissioner Bryant clarified that the concern is with buffering and inquired as to the type of buffering that is planned. Mr. Gooding noted they will have to comply Book W, Page 293

46 March 21,2017 with the Noise Ordinance and the only open arena faces his client's property, which is going to be a significant deterrent to any possible outdoor noise. Mr. Tillman commented on the discussion in regard to noise when talking about the sound system of the sunken Rolex Ring (open arena) in the middle, but noted the buildings surrounding that ring are in excess of 30 feet in height. He stated vertical barriers like that send the noise up and block it from traveling off site. Mr. Tillman noted that will be a considerable buffer, but does not want to mislead anyone that it will remain as open space in future plans between NW 80 th Avenue and this arena. The type of bufferinq they are looking at doing will be similar to what they have done around the remainder of the other portion of Golden Ocala. They are not talking about a wall through this section, but they typically do a very illustrious buffer when they do their plantings. In response to Chairman Zalak, Mr. Gooding stated the plan is for most of the events to occur indoors and the outdoor arena is for overflow or certain types of equestrian events that are better to take place outdoors. A motion was made by Commissioner Moore, seconded by Commissioner Gold, to adopt Resolution 17-R-075 granting the Special Use Permit with Conditions 1 through 18, agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (4-0) L , LLC, , LLC and , LLC, To Remove Portion of Subject Property from the Farmland Preservation Area, 505 Acres The Board considered the Large Scale Comprehensive Plan Amendment by , LLC, , LLC and , LLC, Donald R. DeLuca, Vice President, (owner) / Jimmy Gooding (applicant), 7290 College Parkway, Suite 400, Fort Myers, FL, to codify the terms of a Stipulated Settlement Agreement; adjust the Farmland Preservation Area boundary to remove the subject parcels; and amend the minimum development density in Medium Density Residential future land use category in the Comprehensive Plan on approximately acres of Parcel Nos , and WRITTEN OPPOSITION WITHIN 300 FEET: 1 of 32 =3%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Colen seconded by Mr. Gaekwad to disagree with staff's findings and recommendation, and recommend approval of the Large Scale Amendment based on the following findings of fact: 1. Will not adversely affect the public interest. 2. Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. The Motion passed 6 to O. The Planning and Zoning Commission supported the applicant's request to not be required to have central water and sewer. Senior Planner Kim Dinkins, Growth Services, commented on the three Comprehensive Plan Text and Map Amendments. The property was formally known as (fka) the Wormser Project and lies just north of West Highway 40 and west of NW 80 th Avenue. The properties were acquired by entities under a common ownership of the World Equestrian Center and Golden Ocala, as discussed before. Again, this property is expected to be part of a larger project, which is still being discussed. Page 294, Book W

47 Ms. Dinkins addressed the background, noting the Comprehensive Plan Amendments are being requested to enact the terms of a Stipulated Settlement Agreement that came about as a result of the legal opposition to the BCC's approval for future land use amendment from Rural Lands to Low Density Residential land use on the combined 504 acre site. The Medium Density Residential was already medium density and the Rural Lands have now become Low Density Residential based on the BCC's actions. The Stipulated Settlement Agreement requires the applicant to do 4 things: The first thing is to bring forth the Text and Map Amendments that are now being discussed; and the fourth is to modify the PUD, which is the subject of 14B4a, which will be addressed shortly. The applicant has requested the 3 amendments to the Comprehensive Plan, including the 2 Text Amendments and 1 Map Amendment. Staff is recommending approval of the first 2 amendments, with changes with the creation of Objective 10.6 and Policy as seen in the Agenda packet on page 4. Ms. Dinkins advised of a typographical error (typo), which should be Policy a and not a. Staff recommends denial of the third suggestion, but suggested an alternative approach that will meet the intent of the request and has been agreed upon by the applicant. Staff's main concern is with Item NO.2 of the first request; that all lots may use well and septic at the discretion of the developer. This is mainly a concern for this project, but also moving forward staff understands that there might be an intent to use this same method of development throughout future phases. This provision is in conflict with the county's Comprehensive Plan and LDC, which requires central utilities are connected to when they are available within 400 feet times the number of units. For this project, that would be 5,000 feet and utilities are available within about 1.3 miles. The applicant has suggested alternative language for a condition that states the use of enhanced septic tanks when required by the state or county. Ms. Dinkins advised that the Board has that authority at this time. This is the first development to come in with this type of request since the county adopted the BMAP for Rainbow Springs. Other applications that have come before the Board have been required to do something more than conventional septic tanks. Staff has 4 main concerns, 2 of which deal with the lack of central water. The first concern is fire flow. In discussions with the Fire Chief he indicated that oftentimes homeowners are either unable to acquire insurance if there is not adequate fire flow or if they do it is extremely expensive. Staff's second concern is in regard to water use. Staff took a look at the water use in nearby Golden Ocala, not to throw them under the bus, but when looking at water supply planning staff has to consider nearby uses and all uses within a vicinity, which is how the water management district does it and is how the county would be required to do it if they went in to expand their permit in the Golden Ocala vicinity in the future. Staff noted that residents use 2.7 to 5 times that of an average home and using that rationale it can be expected that the water use there to be about the same as 400 homes within the 125 unit development. Without reuse flows they will continue to use potable groundwater (drinking water) for aesthetic uses, such as common space and golf course irrigation. The requested conventional septic systems offer the lowest nutrient reduction efficiency. Though more costly, staff has a number of alternatives at its disposal to talk about. Ms. Dinkins addressed additional background for that second statement about water use. An average residential customer in Marion County uses about 7,000 gallons a month and in Golden Ocala they use about 19,000 gallons for both indoor and outdoor uses. A little bit of a unique situation here for irrigation only customers. Only about 13% of customers Book W, Page 295

48 have a separate meter for irrigation and those folks use about 30,000 gallons a month, which is about 5 times that of a typical home. Golden Ocala also has common areas and golf course irrigation, which would be expected in this same similar development. They use about 3,000,000 gallons of water a month, which is in addition to the 1.1 million gallons offered through reuse. Same thing with wastewater. Staff has alternatives to onsite septic systems, Ms. Dinkins noted she was aware of discussion that they are more costly, require maintenance, but there are already 7 approved alternatives through the Department of Health (DOH). She commented on the workshop held on February 13, 2017 where Dr. Xueqing Gao, Ph.D., Department of Health (DOH), advised that they are working to make permitting and accessibility to these systems easier. Ms. Dinkins advised that they did not discuss decentralized wastewater systems, which is an alternative. Provisions are in the LDC that would require treatment of efficiency of about 80% reduction in nitrogen. Ms. Dinkins clarified that staff would like to see the Board either transmit the request as submitted with the agreed upon changes or transmit the request with changes in alternative water and wastewater scenario. Staff expects this to come back to them for Board adoption at the June 20, 2017 zoning meeting. She noted this proposal will go through the same review as a normal transmittal. Jimmy Gooding, SE 36 th Avenue, attorney, representing the applicant on the project, was present and opined that he was going to be talking about both Items 14B4 and 14B4a. He advised that they are requesting transmittal on both Comprehensive Plan Amendments. Mr. Gooding noted Ms. Dinkins adequately addressed the history; however, he did want to mention that in October (2016) the Board approved a PUD Concept Plan for 1 acre minimum lot sizes. He advised that they then started negotiating in earnest with Ms. Sivilich, as well as David MacKay (the attorney for the other challengers) concerning a way to resolve their administrative challenge to the low density residential that the county previously approved and that is what resulted in this proposal. The only issue they really got with staff on this issue is the central water and sewer or the enhanced septic systems. Those were a very important part of their analysis to reduce the number of lots they were currently seeking. Mr. Gooding advised that Ms. Dinkins did not mention that they are also moving the boundary of the Farmland Preservation Area to the external part of the property. Back to the more important points, some language was originally suggested that reduced densities on the Table (Table 2-1) of the Comprehensive Plan for which staff expressed concern so they agreed to alternative language with staff that instead allows for lower densities if there is a Text Policy in other Comprehensive Plan provisions that permit it, which is what is happening here with this Text Amendment. Mr. Gooding noted the main issues they have with county staff on this is the central water and sewer. For them to increase the lot sizes from the 1 acre in the PUD, which also applies to the medium density residential area, which they already had to the east before Ms. Wormser originally became involved in changing everything; those were also 1 acre lots under the PUD, where now that area of the property is also going to be 3 acre lots and does not economically work with water and sewer. That is why they are proposing that it be provided with the option and is an important issue with these lot sizes. Mr. Gooding stated the next issue is the enhanced septic systems. He advised that he is aware of the prior workshop and has looked at all the material. Mr. Gooding stated they have been dealing with this issue since mid-2000's, back during the first springs Page 296, Book W

49 March 21,2017 protection debate and at that time the concern was the amount of nitrogen being put into the groundwater by the county's numerous septic tanks systems, which is a legitimate concern. The county commission at that time rejected proposals for the enhanced nitrogen reduction system in part because the technology either did not exist or was unproven or concern with costs. This was not just a county issue, as it was also a state issue. Mr. Gooding noted his surprise that the state has yet to adopt a rule on this; the proven technology is yet to be accepted and to his knowledge only 3 communities have adopted enhanced nitrogen reduction requirements in parts oftheir communities. The reasons are: they are much more complicated and expensive than a conventional system; many have to be specifically designed by an engineer; an initial permit from DOH is required, which sometimes has to be renewed twice per year, once a year or either every 2 years; a valid maintenance contract must be maintained with an approved entity for the life of the system; maintenance must be performed either once a year or every 2 years; inspected by DOH; and the cost is not just in the initial cost. He commented on costs relating to the systems in other counties and studies/reports. Mr. Gooding opined that, based on the numbers of cost effectiveness, technology has not been proven and should not be required of a developer on that basis. If the county decides that the technology is there and imposes this requirement on everyone then they will obviously have to comply; however, this project is in a different situation as it is in a significant down zoning from the allowed 4 dwelling units per acre (du/a) in medium density and 1 du/a in the low density with a PUD plan approved for 1 du/a going up to 3 acres per unit, which only works if the central water and sewer or enhanced systems are not required. He requested the Board to transmit with the original language, which allowed either central water and sewer or well and septic, with no specific requirement for the enhanced septic. Chairman Zalak opened the floor to public comment. David MacKay, SW College Road, attorney, representing some of the complainants in the appeal of the previous decision for the densities. He stated they negotiated in good faith with the current owner and they took no position with respect to the well and septic versus central water and sewer. Because of the low density it was consistent with the properties both to the east and west of this particular tract. Mr. MacKay advised that they support the position of the applicant. Chairman Zalak advised that public comment is now closed. A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to approve transmittal of Large Scale Comprehensive Plan Amendment No. 17-L02, as provided by the applicant and accompanied with Growth Services staff and the P&Z Commission recommendations, based on findings that the changes will not adversely affect the public interest, is compatible with land uses in the surrounding area, is consistent with Chapter 163, Florida Statutes (FS) and the Marion County Comprehensive Plan. Chairman Zalak inquired as to the septic tanks that are approved and whether they were the ones that were shown last month. Ms. Dinkins advised that the performance based and the enhanced treatment systems are the ones recently addressed. She clarified that 7 technologies are approved, noting there are additional technologies that they are looking at, which are the passive systems; however, these are active systems. Chairman Zalak stated the stuff that is mechanical is not working, in general. Ms. Dinkins noted it depends on who you ask, but according to the Florida Onsite Wastewater Treatment Book W, Page 297

50 Association they do; the DOH has also said they work. In any case, staffs main concern was the need to look at this a little bit more in terms of the larger scale of the project moving forward. Commissioner Bryant noted this is just for this portion of the project. Chairman Zalak asked if even at putting 1 well in where they would be able to run a smaller utility on does not make sense even for the water portion, Mr. Gooding stated it does not, but advised that it is obviously something they are going to have go back and look at due to the fire flow issue. He clarified that is not the current plan, but will have to deal with fire flow or fire insurance with higher premiums if no fire system is put in. The current plan is to put in individual wells and non-performance based systems. Mr. Gooding requested transmittal with the Text as suggested by them with the choice of central water and sewer or well and septic without the enhanced; however, on the minimum densities they do favor the counties suggested language; permitting lower than minimum densities only where permitted by Text Policy or the Comprehensive Plan Amendment. In response to Chairman Zalak, Commissioner Bryant clarified that the motion is transmitting the original language with well and septic and without the enhanced system, which is only on this portion of the property. The motion was unanimously approved by the Board (4-0). (Ed. Note: This matter is again addressed later in the meeting.) 1484a Z , LLC, , LLC and , LLC, Modification of PUD, 505 Acres The Board considered a petition by , LLC, , LLC and , LLC, Donald R. DeLuca, Vice President, (owner) I Jimmy Gooding (applicant), 7290 College Parkway, Suite 400, Fort Myers, FL, for a modification of existing PUD Z, Articles 2 and 4, of the Marion County Land Development Code, from PUD with approved concept plan to PUD with revised concept plan, on approximately 505 acres of Parcel Account Nos , and (17-L02). WRITTEN OPPOSITION WITHIN 300 FEET: 1 of 32 =3%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Colen seconded by Mr. Gaekwad to agree with staffs findings and recommendation, and recommend approval based on the following findings offact: 1. Will not adversely affect the public interest. 2. Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. The motion passed 6 to O. This matter was addressed with Item 14B4 (17-L02). Mr. Gooding requested that this item be continued until the June 20, 2017 zoning meeting, when adoption of the Comprehensive Plan Amendment comes back. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to continue this matter to Tuesday, June 20,2017 at 2:00 p.m. The motion was unanimously approved by the Board (4-0). 14C. Adoption of Ordinance 14C1. Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting. Page 298, Book W