Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS. June 20, 2017

Transcription

1 Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS CALL TO ORDER The Marion County Board of County Commissioners met in regular session in Commission Chambers at 9 03 a m on Tuesday, June-20, 2017 at the Marion County Governmental Complex located in Ocala, Florida INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with invocation by Commissioner Stone 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, Commissioner David Moore, District 1, Commissioner Jeff Gold, District 3, and Commissioner Michelle Stone, District 5 Vice-Chairman Kathy Bryant, District 2, arrived shortly after the meeting commenced 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 12B) 1 PROCLAMATIONS/PRESENTATIONS/RESOLUTIONS Upon motion of Commissioner Moore, seconded by Commissioner Gold, the Board approved and/or ratified the following 1A PRESENTATION - Stuff the Bus, Suzanne McGuire, Homeless Children Liaison with Marion County Public Schools (Presentation Only) County Administrator Mounir Bouyounes, Administration, presented the following recommendation Description/Background On behalf of the Marion County Board of County Commissioners and under the direction of the County Administrator, Stuff the Bus will hold its annual kick off campaign beginning today, This community based school supply drive helps homeless and needy students in Marion County have all the necessary tools to be successful when going back to school Suzanne McGuire, Homeless Children Liaison with Marion County Public Schools, asks for support and continued partnership with Marion County for this program, which is going into its 16th year On "Super Tuesday," August 1, 2017, the Marion County Board of County Commissioners and employees are asked to "Stuff the Busl" Pam Doherty with Marion County Administration will be the point of contact for the 2017 campaign Budget/Impact None Recommended Action For presentation only Suzanne McGuire, Homeless Children Liaison, addressed the "Stuff the Bus" campaign and asked for Board support as the program provides for school supplies and other items for children to start the school year She advised that approximately 67 percent (%) of Book W, Page 629

2 Marion County school children utilize the free or reduced lunch rate program Ms McGuire commented on the school supply list, noting the need for these tools in order for children to be successful and asked the community to help support the program Chairman Zalak noted it is an honor for the Board of County Commissioners (BCC) and staff to be part of the annual "Stuff the Bus" campaign 1B PRESENTATION - Made in Marion - Recognizing E-One's Contribution to Job Creation and Manufacturing in Marion County (Approval and Presentation) Public Relations & Communications Director Nick Zoller, Office of Public Information, presented the following recommendation Description/Background To recognize the contributions local businesses have made to our county, the Board of County Commissioners wished to offer a special statement of appreciation, from time to time during commission meetings, to local businesses who have been active in the Marion County community Budget Impact None Recommended Action Motion to approve the attached Certificate of Appreciation for E-One Chairman Zalak shared a brief video of the history of Emergency-One (E-One) Incorporated, which began manufacturing custom fire trucks and emergency equipment vehicles in Marion County in 1974 Commissioner Bryant arrived at 9 10 a m The BCC presented the Certificate of Appreciation for E-One to Marketing and Communications Coordinator David Moore, E-One Mr Moore thanked the BCC and the citizens of Marion County for their support 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 2A Ron Raack - General Ron Raack, SE 131st Place, Ocklawaha, did not appear when called upon to speak 2B Hagan Smith - General Hagan Smith, SW 80th Avenue, addressed the BCC in regard to the need to install a sidewalk along SW 110th Street and West Highway 40 Commissioner Stone advised that the county sent a survey crew to assess the possibility of constructing a sidewalk along that portion of roadway and it was determined that there is not enough rights-of-way (ROW) to install sidewalks However, the county will increase the shoulder width of the road, which is part of the county's Transportation Improvement Plan (TIP) Mr Smith advised of the need for a sidewalk along NE 35th Street near Coehadjoe Park, noting the terrain is too rough and dangerous to safely walk or ride a bicycle He opined that there is sufficient residential housing and businesses along the roadway for a sidewalk to be appropriate for the safety of citizens in the area Page 630, Book W

3 Mr Smith expressed concern that citizens have to pay to utilize public buildings to hold meetings Commissioner Bryant left her seat at 9 18 a m, but did not leave the auditorium and immediately returned to her seat 2C Richard Graybill - General Richard Graybill, SE 158th Street, commented on the satirical essays written by Johnathan Swift and Ellen Meloy and urged governments to study the Constitution 2D Stony Bearden - General Stoney Bearden, NW 30th Avenue, did not appear when called upon to speak 2E Roger Knechtel - Water Roger Knechtel, SE 97th Terrace Road, Summerfield, commented on the unusual amount of rainfall Marion County has received, noting drainage retention areas (DRA's) are holding up well He addressed the need for water conservation and the importance of water reservoirs Chairman Zalak noted the county has one reservoir, Rodman Dam 2F General Public Comment (Limited to 2 Minutes Each Speaker) Patrick Hayes, SE 92nd Court, Belleview, addressed the Board in regard to the lack of maintenance on the SE 92nd Loop Bypass Chairman Zalak stated it is maintained by the county and will become part of the maintenance/mowing cycle County Administrator Mounir Bouyounes advised that he will check with staff to verify when the roadway is scheduled for mowing Commissioner Gold noted the roadway was mowed approximately 1 month ago Michael Mooney, NW 167th Court, Williston, addressed the Board in regard to Items 7115 and 7116 and presented a 5 page handout containing pictures of the narrow roadways along NW 130th Street and NW 160th Avenue He commented on the amount of truck traffic utilizing these roadways as a shortcut from Levy County into Marion County to reach the new equestrian facility currently under construction Mr Mooney advised of the canopy of Live Oak trees along the narrow roadway, noting truck traffic and speeding have become a safety issue He noted his support of the No Thru Trucks Resolutions County Attorney Matthew G Minter advised that he will address the Board regarding Agenda Items 7115 and 7116, when it considers the Consent portion of the Agenda Kristin Stinson, Esquire, SE 1st Avenue, Gainesville, attorney representing Derby Gold Pine Shavings Company, addressed the Board in regard to Items 7115 and 7116 She requested the Board continue these Items until its next regularly scheduled Board meeting to be held on Tuesday July 18, 2017 Ms Stinson noted she has been meeting with staff from the Office of the County Engineer (OCE) to discuss this matter and would like to bring back more information for Board consideration at its next meeting She commented on the effect the proposed Resolutions will have on businesses in the area Chairman Zalak stated Ms Stinson can request to be placed on the upcoming Agenda to provide her presentation, however, the request will not necessarily hinder the Board's action today as to whether or not to approve those Items Ms Stinson advised that although Derby Gold is located in Levy County it is in close proximity to the Marion County line and accesses NW 130th Avenue to service Marion County businesses She advised that Derby Gold has 3 components to its business 1) Book W, Page 631

4 pine shavings for horse bedding, 2) composting/recycling of barn waste, and 3) operating a sand mine, noting the business employs over 90 truck drivers Ms Stinson commented on the economic ramifications and stated if company trucks are not allowed access to NW 130th Street and NW 160th Avenue, then they will have to travel an additional 14 miles to get into Marion County, noting those extra costs will have to be passed on to consumers She reiterated her request for the Board to continue the matter to its next regularly scheduled BCC meeting Terry Salcedo, NW 130th Street, Williston, addressed the Board in regard to Items 7115 and 7116 and presented 6 letters in support of the No Thru Trucks Resolutions She commented on the large volume of truck traffic on NW 130th Street due to the sand mine operation in Levy County Ms Salcedo noted the trucks are averaging 50 to 55 miles per hour (mph) in a 30 mph speed zone The trucks pose a great danger to residents as the road is too narrow for huge trucks to safely navigate She stated the area along NW 130th Street is a quiet, small farm and residential neighborhood and the noise levels caused by the trucks is horrific Ms Salcedo respectfully requested the Board approve the proposed Resolutions Henry Munoz, Marion Oaks Boulevard, addressed the Board in regard to the proposed Budget Amendment Resolution for the Animal Services Department in the amount of $3,000 (Item 5A2) He expressed concern that more funds are needed to support the Animal Abuse Registry, also known as "Molly's Law" (Ordinance 16-34) In response to Chairman Zalak, Mr Bouyounes advised that the Budget Amendment Resolution is not for additional funds, noting it is a request to transfer monies to the appropriate accounts for expenditure of those funds Keith Poole, NE Highway 314, Silver Springs, addressed previous comments he made at June 6, 2017 BCC meeting relating to issues at the Building Department He thanked the Board and staff for addressing those issues Mr Poole commented on Agenda Item 7C2 as it relates to the request for reorganization of the Building Department and stated as a member of the Builders Association, he supports the request Virginia Gayle, SW 39th Circle, expressed her appreciation to the Board for all they do for the community She urged citizens to pray for our first responders, military personnel and Law Enforcement Officers Mike Monroe, NE 17th Street Circle, addressed the Board in regard to Item 7C2 He thanked the BCC and Assistant County Administrator (ACA) Brian Moree for making this a priority and finding a good solution He noted his support for the request James Alexander, SE 120th Street, addressed the Board in regard to Item 7C2, noting he is a builder and holds a Contractor's License in Marion County He expressed concern with the county losing staff due to the lack of competitive salaries and noted he supports the request Brian Smallwood, SW 53rd Terrace, addressed the Board in regard to Item 7C2, noting he supports the request 3 ADOPT THE FOLLOWING MINUTES NONE 4 CONSTITUTIONAL OFFICERS / GOVERNMENTAL ENTITIES 4A Marion County Sheriff, Billy Woods - Request a Change in the Amount Allocated in the Sales Tax for the Technology and Communication Infrastructure for the Sheriffs Office with CenturyLink Page 632, Book W

5 The Board considered the following letter dated June 5, 2017 from Sheriff Billy Woods, Marion County Sheriffs Office (MCSO), regarding the technology and communications infrastructure Dear Chairman Zalak The purpose of this letter is to request a change in the amount allocated in the sales tax for the Technology and Communication Infrastructure for the Sheriff's Office with CenturyLink After beginning work, a couple of issues were found Some of the existing fiber was not scheduled to be replaced The new fiber is more efficient and faster We would like to replace the existing fiber with all new fiber = $5,201 When the fiber was originally quoted, there was no additional fiber included for future growth We would like to include some fiber for future infrastructure growth = $27,386 We would like to run fiber optics from the Main Operations Center to the Data Center located at the Communications Center = $4,150 When the cabling in Main Operations was quoted, there was a switch in the Purchasing area that was missed We need to add additional cabling for that area to be included in the upgrade = $13,864 The total for all changes is $50,601 I would like to purchase two less vehicles from the sales tax next fiscal year to cover these additional costs The cost of the two vehicles for year 2 equals $84,560 The remaining difference can be added to the original $32, contingency amount for this project That would increase the remaining contingency amount to $66, I appreciate your support with this matter Please let me know if you have any further questions Respectfully Submitted, Billy Woods, Sheriff Bureau Chief Jerry Holland, Bureau of Support Services, MCSO, advised of the need for a fiber optic circle around the MCSO Main Operations Center, noting when CenturyLink provided quotes it did not include fiber for the entire campus The MCSO would like to replace all of the existing fiber with new fiber, which is more efficient and faster He noted the quote also did not include any additional fiber necessary for future growth In response to Chairman Zalak, Billy Rawls, Information Technology (IT) Director, MCSO, advised of the need to clean up the fiber optics for better network connectivity to deliver enhanced services, such as body worn cameras and other applications Chairman Zalak questioned whether all MCSO departments and substations are body camera ready Mr Rawls stated approximately 75% of the substations are up and running with body worn cameras He advised that having the new fiber optics will ensure the Department is agile enough for any new initiatives Bureau Chief Jerry Holland, MCSO, stated MCSO is constantly adding new cameras inside the Marion County Jail, noting the need to be prepared for future growth at that facility Chairman Zalak addressed the need to be very transparent when utilizing sales tax dollars A motion was made by Commissioner Moore, seconded by Commissioner Stone, to approve and authorize a change in the amount allocated in the sales tax for the Book W, Page 633

6 Technology and Communication Infrastructure for the Sheriffs Office with CenturyLink The motion was unanimously approved by the Board (5-0) 5 CLERK OF THE CIRCUIT COURT 5A Request Adoption of the Following Budget Amendment Resolutions Upon motion of Commissioner Moore, seconded by Commissioner Bryant, the Board adopted the following Budget Amendment Resolutions transferring funds as presented by Clerk Ellspermann 5A1 17-R-168 Dunnellon Airport Authority Fund - Dunnellon Airport - $1,580 5A2 17-R-169 General Fund - Animal Services Department - $3,000 5A3 17-R-170 General Fund - Community Services - CDBG - $1,400 5A4 17-R-171 General Fund - Human Resources - $1,750 5A5 17-R-172 General Fund - Supervisor of Elections/Transfer - $4,610 5A6 17-R-173 Hills of Ocala MSTU for Recreation - Hills of Ocala Recreation - $500 5A7 17-R-174 Infrastructure Surtax Capital Projects Fund Infrastructure Surtax/Transportation - $84,560 5A8 Marion County Utilities Fund - Utilities/Engineering and Construction - $420,255 was pulled for discussion with Consent Agenda Item 7J1 5A9 17-R-175 Rainbow Lakes Estates/MSTU for Road Improvements Contracted Road Const RLE MSTU - $250,000 5A10 17-R-176 Rainbow Lakes Estates MSD - Rainbow Lakes Estates Gen Govt - $7,870 5A11 17-R-177 Series 2017A Capital Projects Fund - Improvements 2017A - $463,019 5Al2 17-R-178 Series 2017A Capital Projects Fund - Improvements 2017A - $365,330 5A13 Southeastern Livestock Pavilion Capital Projects Fund - SELP Capital Improvements - $6,067 was pulled for discussion with Consent Agenda Item 7E6 5A14 17-R-179 Southeastern Livestock Pavilion Capital Projects Fund - SELP Capital Improvements - $62,345 (Ed Note CDBG is the acronym for Community Development Block Grant, MSTU is the acronym for Municipal Service Taxing Unit, Const is the abbreviation of Construction, RLE is the acronym for Rainbow Lakes Estates, MSD is the acronym for Municipal Service District, Gen Govt is the abbreviation for General Government, and SELP is the acronym for Southeastern Livestock Pavilion ) 5B Present Detailed Budget Workshop Schedule Budget Director Michael Tomich presented the detailed budget workshop schedule for Monday, July 10, 2017, Tuesday, July 11, 2017, Wednesday, July 12, 2017, Thursday, July 13, 2017, and Monday, July 19, 2017 A motion was made by Commissioner Moore, seconded by Commissioner Bryant, to approve the schedule as presented The motion was unanimously approved by the Board (5-0) 5C Present Proposed Fiscal Year 2017/18 Budget Mr Tomich presented three binders entitled, "Proposed Budget Fiscal Year " which includes performance budgeting information, graphics, narrative presentations and a letter from Clerk Ellspermann, "Proposed Line Item Budget Fiscal Year ", which fulfills the chart of accounts as required by the State of Florida for budget presentation, as well as a higher level of detail of the budget, and a small binder entitled, "Proposed Page 634, Book W

7 Capital Improvement Program Fiscal Year 2017/ /22", which includes all expenditures related to the current One Cent Local Option Sales Tax (Item 5D) He stated the maximum millage rates are due to be set on or before August 4, 2017 and then 2 public hearings will be set for adoption of those rates in September, 2017 Chairman Zalak requested information be presented at the budget workshops that will provide a breakdown of health insurance costs, any additional salaries, as well as the final expenditures for all county departments and Constitutional Officers Mr Tomich stated all of the documents presented are available on the Clerk's website at www marioncountyclerk org 5D Present Proposed 2017/ /22 Capital Improvement Program Budget Director Tomich addressed the proposed 2017/ /22 Capital Improvement Program (CIP) and presented a small binder entitled, "Proposed Capital Improvement Program Fiscal Year 2017/ /22" (Ed Note This matter was discussed with Item 5C ) UPDATE Clerk Ellspermann advised of a recent joint workshop with members of the Hospital District Board of Trustees, noting discussion was had relating to Low Income Pool (LIP) funding He commented on the need to negotiate with Ocala Regional Medical Center (ORMC) and Munroe Regional Medical Center (MRMC) in order to partner for LIP funding Clerk Ellspermann advised that in the past, the BCC has identified the Heart of Florida as part of the funding process in order to send a request to the Agency for Health Care Administration (AHCA) for matching funds He stated staff will also work with The Centers, which may also qualify for LIP funding Clerk Ellspermann requested Board consensus to move forward with this process It was the general consensus of the Board to move forward with the LIP funding process 6 PUBLIC HEARINGS (Request Proof of Publication) at am NONE 9B Present the City of Dunnellon's request to sell its water and sewer utility system to the Florida Governmental Utility Authority (FGUA) County Administrator Mounir Bouyounes, Administration, presented the following recommendation Description/Background As a result of a letter received by the County Administrator from the City of Dunnellon, a resolution was approved on April 4, 2017 to allow the Florida Governmental Utility Authority (FGUA) to conduct a due diligence evaluation of the water and wastewater systems owned by the City of Dunnellon, Florida, for the purpose of determining the Authority's interest in acquiring such systems The County Administrator received an additional letter on June 9, 2017 from the City of Dunnellon to consider certain conditions that would alleviate concerns from the City of Dunnellon if such acquisition were to take place by the FGUA They have requested the following items to be discussed for consensus 1 A 5-year holding period by the FGUA 2 The County to assign the Right of First Purchase to the City of Dunnellon 3 Preservation of other interests as they relate to rates, capital improvements, and policies Book W, Page 635

8 Budget/Impact None Recommended Action Motion to discuss items brought forth from the City of Dunnellon and get direction from the Board A motion was made by Commissioner Moore, seconded by Commissioner Bryant, to approve the City of Dunnellon's request to sell its water and sewer utility system to FGUA County Administrator Mounir Bouyounes clarified that a motion is not needed as staff is only looking for consensus of the Board to be able to move forward with the request, noting more discussion is needed to finalize the agreement He advised that staff is working with the Legal Department on language for the proposed agreement that will allow both the City of Dunnellon and Marion County Utilities (MCU) to receive the option of Right of First Purchase In response to Chairman Zalak, Mr Bouyounes stated staff has discussed placing a time limit on the option to purchase the utility system, however, the City of Dunnellon has no interest in placing a specific time limit in the agreement City of Dunnellon Mayor Walter Green, St Augustine Drive, advised that he has met with the County Administrator regarding this matter and stated it is the desire of the City that if the utility system is sold to FGUA that both the City of Dunnellon and MCU have the option to repurchase it, with the City having first right and the county second System Manager Steve Spratt, FGUA, advised that the FGUA was created to work with local governments to provide the best utility services possible, noting there is a provision that allows counties the option to purchase the system prior to FGUA He stated FGUA does support the Right of First Purchase to the City of Dunnellon and MCU In response to Mr Minter, Mr Spratt advised that FGUA is currently in its due diligence phase and does not have a proposal document at this time, but will provide the county with whatever documents they receive In response to Chairman Zalak, Mr Spratt stated the purchasing process can take 3 to 6 months, depending on financing It was the general consensus of the Board for staff to move forward with the request 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 and will be enacted by one motion There will be no separate discussion unless desired by a Commissioner Upon motion of Commissioner Moore, seconded by Commissioner Bryant, the Board acted on the Consent Agenda as follows 7A Development Review Committee 7A1 Request Approval of Final Plat for AAA Industrial Park Subdivision, Application #19428 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Sam Martsolf, on behalf of the Development Review Committee (DRC) Description/Background On June 5, 2017, the Development Review Committee approved the Final Plat for the AAA Industrial Park Subdivision and recommended that the Board approves and authorizes execution by the Chair and the Clerk This subdivision is located in the southeast portion of the County and contains 2 lots on 7 22 acres with 0 miles of road Budget/Impact None Page 636, Book W

9 Recommended Action Motion to approve the subject plat and to authorize the Chair and Clerk to execute the same 7B Growth Services 7B1 Request Approval to Continue the Suspension of the Educational System Impact Fee (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Samuel Martsolf Description/Background The educational system impact fee is currently under suspension through December 31, 2017 In the attached letter the School Board is requesting that the Board of County Commissions continue the suspension of the educational system impact fee Due to the age of the ordinance (2006), a new study should be conducted before the impact fee is reinstated Budget/Impact None Recommended Action Motion to approve the request of the School Board and continue the suspension of the educational system impact fee through December 31, C Human Resources 7C1 Request Approval of the Reclassification of One (1) Temporary/Seasonal (Lifeguard) Position, Pay Grade 99, to One (1) Recreation Aide Part Time, Pay Grade 1, within the MSTU - Silver Spring Shores Department Budget #8100 (Budget impact - Savings of $8,843 48) The Board accepted the following recommendation to adopt Resolution 17-R-180, as presented by Human Resources (HR) Director Amanda Tart Description/Background The MSTU/Assessment Director is requesting the reclassification of one (1) Temporary/Seasonal (Lifeguard) position, to one (1) Recreation Aide Part Time position, within the MSTU - Silver Springs Shores department budget #8100 This position will be cross-trained to cover all areas of the office and recreational duties in order to effectuate excellent customer service and to meet the needs of the department and the public Budget Impact Savings of $8, Recommended Action Motion to approve the attached Resolution to reclassify one (1) Temporary/Seasonal position, pay grade 99, to one (1) Recreation Aide position, pay grade 1, within the MSTU Silver Springs Shores department budget #8100 Resolution 17-R-180 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, TO RECLASSIFY ONE (1) TEMPORARY/SEASONAL (LIFEGUARD) POSITION, PAY GRADE 99, TO ONE (1) RECREATION AIDE PART TIME POSITION, PAY GRADE 1, ALONG WITH THE CORRESPONDING JOB DESCRIPTIONS AND PAY GRADES WITHIN THE MARION COUNTY MSTU SILVER SPRINGS SHORES DEPARTMENT BUDGET #8100, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN Book W, Page 637

10 7C2 Request Approval of the Reorganization of the Building Department Budget #3415 (Budget Impact - Expenditure of $210,429 47) The Board considered the following recommendation as presented by HR Director Tart Description/Background The Plans Examination Division of the Building Safety Department has experienced extended vacancies since December of 2016 The vacant positions have been aggressively advertised for five months through reliable trade industry sources and staff recruitment opportunities The search has been unsuccessful in producing any qualified candidates In order to compensate for the five (5) vacant Plans Examiner positions and meet workload demands, plans have been outsourced to three third-party vendors for review This necessary process has been exceedingly expensive for the department In addition to the Plans Examination Division, the Inspection Division is experiencing exceptionally long periods of time between qualified applicants Equally, these vacant positions have been advertised for three months without producing a qualified candidate The Building Safety Department staff have worked with Human Resources to evaluate the difficulties in filling the positions A salary companson was conducted of several surrounding municipalities and findings indicate that the existing pay scale for both trade positions is significantly below that required to attract leading candidates Additionally, in support of the department's initiative to develop multiple plan review streams and offer expedited plan review services, we are requesting the addition of a Plans Review Coordinator position This position will participate in the reorganization of the department's digital plan review process The primary functions of this position will be dedicated to the coordination, routing, and control of digital plan submittals and the corresponding review processes The position will serve as training coordinator for the department and client staff utilizing digital plan review The position will coordinate the work of multiple departments involved in digital plan review and report directly to the Director of the Building Safety Department Therefore, in an effort to recruit the most qualified personnel, reduce the expense of third-party outsourcing of plans, and bring equity to the pay scale for both Plans Examiners and Building Inspectors the Building Safety Department requests approval of the reorganization as well as allow the County Administrator to approve special merit increases to the positions of Building Inspector and Plans Examiner Any special merit increase will be based on a performance evaluation of the employee and the recommendation of the Building Safety Director and will be within the department's current BCC approved budget Budget/Impact Expenditure of $210, If the reorganization is approved, a budget amendment to move the necessary fund from reserves will be brought to the Board on the July 18, 2017 agenda for approval Recommended Action Motion to approve the attached resolution for the reorganization within the Building Department Budget #3415, along with the corresponding pay grades and job descriptions In response to Chairman Zalak, Ms Tart advised that throughout the process of reviewing the Building Safety Department, staff has had difficulty in recruiting vacant positions due to the lack of competitive salaries with surrounding communities A salary survey was Page 638, Book W

11 performed, which confirmed the need to increase starting pay in order to compete with other municipalities in hiring qualified applicants Chairman Zalak opined that employee pay grades are too broad and recommended that the BCC allow the County Administrator to review the matter and bring back recommendations for Board consideration He suggested the County Administrator be allowed the ability to approve a higher percentage of employee pay grades, noting this is a countywide departmental issue Chairman Zalak directed the County Administrator work with the HR Director to perform an analysis and bring back information and recommendations during the upcoming budget workshops He advised that from a Policy standpoint the BCC has done everything it can to support the Building Department, noting it is time for the department to raise its customer service level and bring people on board that want to serve the business community A motion was made by Commissioner Gold, seconded by Commissioner Moore, to adopt Resolution 17-R-181 approving the reorganization within the Building Department Budget #3415, along with the corresponding pay grades and job descriptions The motion was unanimously approved by the Board (5-0) Resolution 17-R-181 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, TO RECLASSIFY THIRTEEN (13) BUILDING INSPECTOR POSITIONS, PAY GRADES TO PAY GRADES 17-26, AND SEVEN (7) PLANS EXAMINER POSITIONS, PAY GRADES TO PAY GRADES 17-26, AND ADD ONE (1) PLANS REVIEW COORDINATOR POSITION, PAY GRADE 19, ALONG WITH THE CORRESPONDING JOB DESCRIPTIONS AND PAY GRADES WITHIN THE MARION COUNTY BUILDING DEPARTMENT BUDGET #3415, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN Commissioner Bryant advised that over the past week she has received very positive comments and feedback relating to customer service at the Building Department and expressed her appreciation to staff for stepping up during this difficult transition 7D Library Services 7D1 Request Approval to participate in Progress Dunnellon (Budget Impact - Revenue generating) The Board accepted the following recommendation as presented by Library Director Julia H Sieg Description/Background The City of Dunnellon is partnering with a private foundation in a long-term community development effort This effort has been named "Progress Dunnellon" On May 24, 2017 a number of community agencies came together to discuss ways to support that development effort Some of the agencies included United Way of Marion County, Career Source, Early Learning Coalition, College of Central Florida, Marion County Public School System represented by the Marion Technical College, other local community groups and invited representatives from state-wide educational initiatives The Marion County Public Library System was invited to attend by Mayor Green Items identified as having paramount importance were raising the standard of living through education, development of a more skilled workforce and access to education and skill-building opportunities To this end, the private foundation is Book W, Page 639

12 very interested in funding community efforts and potentially matching foundation dollars with federal dollars At the May 24th meeting it was determined that individual budget requests would be submitted to the foundation The foundation would then prioritize those requests based on the foundation's experience funding various community development efforts nationwide The foundation would seek to draw down federal dollars with the fiscal agent being the United Way of Marion County With an active community presence at the Dunnellon Public Library, the Marion County Public Library System has been asked to be a participant in "Progress Dunnellon" The library currently provides resources for job seekers, limited study rooms, instructional/community engagement meeting space, early literacy skill development resources and public computers along with Wi-Fi access that is unfortunately inconsistent in meeting the needs of the community We also offer online and in-print materials, again on a budget-limited basis Through this opportunity, the Dunnellon Public Library would seek to expand existing technology, services and space and, through community partnerships, offer meaningful and easily accessed programs and services that are vital to a thriving community If approved to participate in "Progress Dunnellon", potential, phased-in library activities range from strengthening computer connectivity through accessing the Ocala Electric Utility fiber optic backbone and expanding bandwidth Additional activities include space for GED, parenting and workforce classes, offering laptops/hotspots for check out, providing the opportunity to get a high school degree and certification online By accommodating increased community usage, this opportunity could culminate with the expansion of the library Activities of the grant would be supported by our Library Strategic Plan Budget/Impact Revenue generating, at this time as cost estimates are still being gathered and this is proposed to be a long term, phased-in project Existing staff time would be spent in implementation of the grant activities Recommended Action Motion to approve the Marion County Public Library System to explore community development efforts in Dunnellon through "Progress Dunnellon" and submit a phased-in budget proposal to support those efforts, understanding that county/library funding is not available beyond the normal library budget 7E Procurement Services 7E1 Request Approval and Execution of Contract 17C-132 Fiber Optic Telecommunications Services - City of Ocala (Budget Impact - Neutral, annual expenditure of $309, as approved in FY 16/17 budget) The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen Description/Background On behalf of Information Technology (IT), Procurement is presenting the City of Ocala contract to provide upgrades to our network connections and infrastructure at various sites throughout the County Twenty-two remote sites will increase in speed from a T1 connection at 1 5 Megabits per second (Mbps) to 10 Mbps Other notable changes will be at the Medical Examiner's office, which will see increased speeds from 10 Mbps to 20 Mbps, five (5) libraries (Marion Oaks, Ft McCoy, Belleview, Freedom, and Forest) from 10 Page 640, Book W

13 Mbps to 30 Mbps, and the Library Headquarters Metropolitan Area Network connection will increase from 50 Mbps to 220 Mbps This contract also includes the fiber connections that the City of Ocala currently provides to Marion County which connect areas like the McPherson Complex, Judicial Center, Utilities, the Communication Center, and the Primary Rate Interface connections required for the Countywide phone system The initial term of this agreement will be in effect for five (5) years with automatic month-to-month renewals thereafter The agreement will result in a total commitment cost of $1,545, and will result in an annual savings of $53, for existing connections and upgrades Most connections are currently paid out of IT's budget and it is the intent to move connection charges for specific departments to their budgets in FY 2018 IT will be responsible for paying the main fiber lines and Internet The installation and upgrade time frame will vary from 30 to 90 days upon execution of agreement City of Ocala is willing to work with the County to identify the sites that will be a priority Attached for review is the agreement to Lease Fiber Optic Telecommunications Services, already executed by the City of Ocala This agreement has been reviewed and approved by Assistant County Attorney Russell Ward, IT Director Tom Northey, and Procurement If approved today, an original will be presented for the Chairman's and Legal signatures after the meeting, then forwarded to City of Ocala for their records, who will work with IT on implementation Budget/Impact Neutral, annual expenditure is not expected to exceed $309, Recommended Action Motion to approve and execute agreement and scope of work with City of Ocala, for the Fiber Optic Telecommunications Services identified under 17C-132 7E2 Request Approval of Contract Renewal 13P-155, Temporary Labor Services - Randstad North America, Inc dba Sphenon Staffing, LLC, Ocala, FL (Budget Impact - None) The Board accepted the following recommendation as presented by Procurement Services Director Olsen Description/Background At its July 16, 2013 meeting, the Board approved a contract for temporary labor services with Sphenon Staffing, LLC, Sphenon went through a name change when it was acquired by Randstad North America in 2016 The contract has been performed in accordance with the terms and conditions, with favorable evaluations received each renewal term, and is now approaching the final of its four (4) possible terms It is the request of both Human Resources Director, Amanda Tart, and the firm that the County renew through August 31, 2018 Pending approval at today's meeting, the contract will be sent to Sphenon, and upon return, will be forwarded to the County Attorney, Clerk, and Chairman to sign Budget/Impact None, expenses are dependent on each department's needs, with funding required to be established from the appropriate account(s) Recommended Action Motion to approve recommendation and allow staff to issue, and upon approval by Legal, authorize Chairman to execute the fourth and final contract amendment with Randstad North America, Inc dba Sphenon Staffing, LLC for RFP 13P-155 Book W,'Page 641

14 7E3 Request Approval of Change Order to Purchase Order C-049, Sheriffs Office Countywide Technology and Communications Infrastructure - CenturyLink (Budget Impact - Neutral, additional expenditure of $50,601 as approved in FY 16/17 Infrastructure Surtax Budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen Description/Background At its December 6, 2016 meeting, the Board approved an upgrade of the Marion County Sheriffs Office (MCSO) technology and communications infrastructure Equipment and implementation totaled $1,241, (plus $32,232 contingency), funded by Infrastructure Surtax Revenue When the project began, MCSO IT Director, Billy Rawls, discovered the existing fiber was too outdated for the upgrades being performed, however, it had not been scheduled in the original quote for replacement The original quote for the Operations Center (OC) also left out a required switch for MCSO's purchasing area Pending approval of a Budget Amendment at today's meeting, Sheriff Billy Woods requests approval of a change order to support the following replace outdated fiber with more efficient fiber and purchase additional fiber for future infrastructure growth, run fiber optics from the OC to the Data Center, and add more cabling for the Purchasing area switch The change order amount totals $50,601, which will be secured by purchasing two (2) fewer vehicles than planned next fiscal year (from infrastructure revenue), budgeted at $84,560, this savings covers the change order and the difference is requested to be added to the contingency listed above Budget/Impact Neutral, change order amount shall not exceed $50,601 plus the additional $33,959 added to contingency Recommended Action Motion to approve change order, allow staff to process, and authorize the Chairman to execute the change order for PO E4 Request Approval of Task Order for Architecture Services 15Q-075-TO-20, Marion County Health Department Heating Ventilation and Air Conditioning (HVAC) Renovations - Rispoli & Associates Architecture, Inc, Ocala, FL (Budget Impact - Neutral, expenditure of $73,500 as approved in FY 16/17 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen Description/Background At its May 19, 2015 meeting, the Board approved contracts with three (3) firms to provide architectural services for the County Firms can be selected based on area of specialty, or on a rotating basis Rispoli & Associates Architecture, Inc (RA) has been selected to provide architectural and engineering services for the architectural and mechanical redesign of all five (5) chill water air handlers at the Marion County Health Department The scope of work includes preparing mechanical, electrical and structural construction documents to support the project along with redesigning the adjacent storage room creating additional mechanical room space to allow the Health Department building to remain open and fully operational during the replacement of the air handlers A copy of RA's complete scope and fee schedule is attached for review and will become part of the project file and back-up to the purchase order Page 642, Book W

15 Budget/Impact Neutral, services outlined shall not exceed $73,500, as approved in FY 16/17 budget Recommended Action Motion to approve recommendation and authorize staff to release the purchase order for 15Q-075-TO-20 to Rispoli & Associates Architecture, Inc for the Health Department HVAC Renovations task order 7E5 Request Approval of Bid Exemption 176E-142, Residential and Commercial Plan Review Services - Alpha International I LLC, Clermont, FL, and Universal Engineering Sciences, Inc, Ocala, FL - (Budget Impact - Neutral, estimated annual expenditure of $400,000 as approved 16/17) The Board accepted the following recommendation as presented by Procurement Services Director Olsen Description/Background Marion County Building Department is seeking a bid exemption on residential and commercial plan review services Due to staffing shortages, contracted services are required to maintain plans review workloads Alpha International and Universal Engineering Sciences will provide residential and commercial plan review services and ensure compliance per the current Florida Building Code, State Statutes, and Marion County Ordinances Firms will provide services on an as needed basis to be determined by the County Both firms are currently providing plan review services and have complied with all County requirements The Building Department recommends, with Procurement's concurrence, that these services be declared exempt from the bidding process until directed otherwise Attached for review is a draft of the contract with Alpha International I LLC and Universal Engineering Services, Inc Upon approval, they will be sent for execution, and upon return will be forwarded for the County Attorney, Clerk, and Chairman's signatures Budget/Impact Neutral, annual expenditure shall vary based on the needs of the Building Department, but shall not exceed budgeted amounts Recommended Action Motion to approve recommendation for bid exemption, and authorize staff to issue contract, and upon approval from Legal, authorize the Chairman to execute agreement with Alpha International I LLC and Universal Engineering Sciences, Inc 7E6 Request Approval for Purchases from Capital Savings The Board considered the following recommendation as presented by Procurement Services Director Olsen Description/Background The requisitions listed below have been received by Procurement for vehicle purchases utilizing the savings from the requesting department's various capital projects Deere & Company Southeast Livestock Pavilion is requesting approval to purchase one (1) John Deere 4052R Compact Utility Tractor (40 PTO hp) with selective control valve kit, fixed pallet fork and H180 loader Florida Contract Agriculture and Lawn Equipment # Total $42, funds will be available in account# pending approval of the corresponding budget amendment at today's meeting Recommended Action Motion to approve purchases from capital savings Book W, Page 643

16 A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve the request for purchases from Capital Savings as listed above The motion was unanimously approved by the Board (5-0) 5A13 Southeastern Livestock Pavilion Capital Projects Fund - SELP Capital Improvements - $6,067 A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to adopt Resolution 17-R-182, transferring $6,067 within the Southeastern Livestock Pavilion Capital Projects Fund for SELP Capital Improvements The motion was unanimously approved by the Board (5-0) 7E7 Request Approval for Purchase 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 /Access Wireless Data Solutions Marion County Sheriffs Office is requesting approval to purchase 54 Cradlepoint routers with integrated 3G/4G!MR modem, antenna, mount and cables, Cloud Manager SAAS 3-year License and Venzon standard SIM card with installation and activation GSA contract #GS-35F-0143R The total purchase amount of $56,686 will come out of account# (Infrastructure Sales Surtax) Recommended Action Motion to approve purchase over $50,000 7E8 Request Ratification of Purchase over $50,000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen Description/Background The item listed below has been received by Procurement Services for approval in conformance with the Procurement Code/Manual Rev Tech, Inc Marion County Fire-Rescue is requesting approval for ratification of payment for emergency repairs needed for Fire Engine Eng-1 after it was t- boned by a vehicle that ran a stop sign Total Cost is $60, and the payment was made by Risk Management from funds available in Account# Risk Claims Recommended Action Motion to ratify the purchase over $50,000 7F Public Safety Communications 7F1 Request approval of Space Sharing Agreement between Public Safety Communications and Marion County Sheriffs Office (Budget Impact - None) The Board accepted the following recommendation as presented by Public Safety Communications Director Silas Daniel Description/Background The Space Sharing Agreement between Marion County Public Safety Communications and Marion County Sheriffs Office governs the use of the Data Center space, which houses computer network equipment for both agencies The Data Center space is located within the Communication Center and owned by the County The Sheriff currently uses and shall be permitted to use the Page 644, Book W

17 space for the purpose of housing computer network equipment owned by the Sheriff The County will be responsible for backup and maintenance of the space Budget/Impact None Recommended Action Motion to approve the Space Sharing Agreement between Marion County Public Safety and Marion County Sheriffs Office 7G Solid Waste 7G1 Request Approval to Provide Waste Tire Collection Amnesty Days for Unincorporated Areas of Marion County (Budget Impact - Neutral, expenditure estimated at $20,000 from approved FY 16/17 budget) The Board accepted the following recommendation as presented by Solid Waste Director Mike Sims Description/Background Cleaning up waste tires disposed of in an unauthorized fashion around the county has consumed considerable resources of the County's Litter Control efforts During the recent Ocala National Forest (ONF) Spring Clean- Up Event approximately 15,960 pounds of waste tires were collected, three times the amount collected one year earlier in the 2016 ONF Spring Clean-Up Event The City of Ocala held a waste tire amnesty collection event in March 2017, collecting approximately 32,680 pounds of tires from City residents Marion County Code Enforcement has identified numerous vacant private properties where waste tires have been disposed forcing those properties owners the costly effort to clean up the unauthorized waste tire dumping Consistently county residents have identified the long drive to deliver their waste tires to the Baseline Solid Waste Facility for proper disposal County residents paying the Solid Waste Assessment can dispose of up to five tires per year at the Baseline Facility, but recycling collection facilities have not been equipped to collect waste tires A waste tire collection amnesty event scheduled for multiple collection sites conducted on staggered weekends can offer county residents the opportunity for proper tire disposal and recycling A huge benefit of these collection events will help reduce disease-carrying mosquito breeding sites and protecting our environment from waste tires that don't biodegrade in our environment The waste tire collection amnesty days will be free to residents living in the unincorporated county to dispose of up to 25 passenger vehicle tires, no commercial generated waste tires will be allowed The four collection events will be scheduled on consecutive Saturdays from 9 00 a m to 3 00 p m at the following sites Closed Davis Landfill Site SE 128th Place Road, Ocklawaha Closed Newton Landfill Site NW 100th Street, Ocala Closed Martel Landfill Site SW 67th Avenue Road, Ocala Lake George Ranger Station State Road 40, Lynne Upon approval by the Board, dates will be scheduled starting in July along with advertising through the Public Information Office will be initiated Budget/Impact Estimated expenditure of $20,000 from approved FY 16/17 budget Recommended Action Motion to approve request to provide waste tire collection amnesty days for unincorporated areas of Marion County Book W, Page 645

18 7H Tourist Development 7H1 Request Approval of Funding Agreement Between Marion County and Fort King Heritage Association, Inc (Budget Impact - Neutral, expenditure up to $175,000, as approved in the FY 16/17 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 On May 11, 2017, the Fort King Heritage Association, Inc, a not-for-profit corporation, presented to the Tourist Development Council (TDC) a request for funding in the amount of $175,000 for the Fort King National Historic Landmark - Phase One Construction The TDC made a recommendation to the Board to fund this project, as this would be a match to the Historic Preservation Special Category Grant (CSFA ) Grant Number SC623 for the "Fort King Reconstruction Project" from the State of Florida, Department of State, Division of Historical Resources This funding request was presented and approved on the June 6, 2017 Agenda Staff worked with Administration, Internal Audit, Procurement Services and the County Attorney's Office to ensure that the process would provide transparency as to how dollars were spent for this reimbursement-based funding request Attached for the board's consideration and approval is an executed contract by Fort King Heritage Association, Inc, that was reviewed by the County Attorney's Office as to form, to formalize funding reimbursement Upon approval and execution of the Agreement, staff will work with the Fort King Heritage Association, Inc in order to verify receipts and invoices that will be submitted for reimbursement Budget/Impact Neutral, expenditure up to $175,000, as approved in the FY 16/17 budget Recommended Action Motion to authorize Chairman to execute Agreement between Marion County and Fort King Heritage Association, Inc 71 Transportation - County Engineer 711 Request Approval to Reject the Bids Received on Parcel # (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub, Office of the County Engineer (OCE) Description/Background This is a request to reject the bids received on Parcel # This parcel is the remnant portion of a parcel acquired for the 35th Street Road Project The parcel was being considered for surplus and was advertised for sale, the higher of the two (2) bids received was in the amount of $1,007 Due to its location and size of +/ acres, staff recommends rejecting the bids and advertising it again in the future Budget/Impact None Recommended Action Motion to reject the bids received on Parcel # Request Approval to Declare Parcel # as Surplus and Authorize Staff to Proceed with the Sale (Budget Impact - Revenue of $1,007) Page 646, Book W

19 The Board accepted the following recommendation as presented by County Engineer Straub, OCE Description/Background This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and Joe C Brown as Trustee for Jocalbro, Inc Profit Sharing Plan Trust, in the amount of $1,007 plus closing costs This parcel was acquired as a Tax Deed and staff recommends approval of this bid Budget/Impact Sale of Surplus Land $1,007 Recommended Action Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed and authorize the Chair and Clerk to execute the same 713 Request Approval to Declare Parcel # as Surplus and Authorize Staff to Proceed with the Sale (Budget Impact - Revenue of $1,289) The Board accepted the following recommendation as presented by County Engineer Straub, OCE Description/Background This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and Dennis Sapp and G Stephen Corun, in the amount of $1,289 plus closing costs This parcel was acquired as a Tax Deed and staff recommends approval of this bid Budget/Impact Sale of Surplus Land $1,289 Recommended Action Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed and authorize the Chair and Clerk to execute the same 714 Request Approval to Declare Parcel # as Surplus and Authorize Staff to Proceed with the Sale or Approve Parcel for Affordable Housing Use (Budget Impact - Potential Revenue of $37,261) The Board considered the following recommendation as presented by County Engineer Straub, OCE Description/Background This is a request to declare Parcel # as surplus and 1) Approve the Sale and Purchase Agreement and Statute 125 Deed and authorize staff to proceed with the sale, or 2) Reject the bid and approve the parcel for affordable housing use A surplus sale that included Parcel # was advertised over a three (3) week time period and the higher of the two (2) sealed bids received was in the amount of $37,261 Subsequently a request was received from the Community Services Department to retain and reserve this parcel for affordable housing use On March 6, 2007, the Board established that to be considered appropriate for affordable housing use, parcels must be buildable, located within a subdivision having dedicated water retention areas and access an existing paved or County maintained road (see attached agenda meeting minutes) This parcel meets the criteria Budget/Impact Sale of Surplus Land $37,261 Recommended Action Motion to approve the request to declare Parcel # as surplus and Book W, Page 647

20 1) Approve the Sale and Purchase Agreement and Statute 125 Deed and authorize the Chair and Clerk to execute the same, or 2) Reject the bid and approve the parcel for affordable housing use by the Community Services Department Mr Bouyounes addressed Items 714, 715, 716 and 717, noting staff is requesting the parcels be declared surplus and either approve the Sale and Purchase Agreements or reject the bids and approve the parcels for affordable housing use by the Community Services Department He advised that if the BCC approves the parcels to be developed for affordable housing, Community Development Block Grant (CDBG) funding can be utilized to pay for the parcels and those monies will be placed in the General Fund Community Services Director Cheryl Martin, Community Services Department, clarified that the department will actually utilize Federal Neighborhood Stabilization Program (NSP) funds to acquire and renovate the properties due to the fact that they are declared foreclosed parcels She stated the department will perform a Request for Qualifications (RFQ) for either a not-for-profit developer or someone that will keep them affordable In response to Chairman Zalak, Ms Martin stated the process can be completed in a 1 year timeline A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to approve the request to declare Parcel # as surplus The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to reject the current bid and approve the parcel for affordable housing use, utilizing NSP Funds, with the caveat that if the parcel is not utilized by the department within 1 year, it will be sent out for re-bid The motion was unanimously approved by the Board (5-0) 715 Request Approval to Declare Parcel # as Surplus and Authorize Staff to Proceed with the Sale or Approve Parcel for Affordable Housing Use (Budget Impact - Potential Revenue of $7,160) The Board considered the following recommendation as presented by County Engineer Straub, OCE Description/Background This is a request to declare Parcel # as surplus and 1) Approve the Sale and Purchase Agreement and Statute 125 Deed and authorize staff to proceed with the sale, or 2) Reject the bid and approve the parcel for affordable housing use A surplus sale that included Parcel # was advertised over a three (3) week time period and the highest of the three (3) sealed bids received was in the amount of $7,160 Subsequently a request was received from the Community Services Department to retain and reserve this parcel for affordable housing use On March 6, 2007, the Board established that to be considered appropriate for affordable housing use, parcels must be buildable, located within a subdivision having dedicated water retention areas and access an existing paved or County maintained road (see attached agenda meeting minutes) This parcel meets the criteria Budget/Impact Sale of Surplus Land $7,160 Recommended Action Motion to approve the request to declare Parcel # as surplus and Page 648, Book W

21 1) Approve the Sale and Purchase Agreement and Statute 125 Deed and authorize the Chair and Clerk to execute the same, or 2) Reject the bid and approve the parcel for affordable housing use by the Community Services Department (Ed Note This matter was addressed with Item 714 ) A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to approve the request to declare Parcel # as surplus The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to reject the current bid and approve the parcel for affordable housing use, utilizing NSP Funds, with the caveat that if the parcel is not utilized by the department within 1 year, it will be sent out for re-bid The motion was unanimously approved by the Board (5-0) 716 Request Approval to Declare Parcel # as Surplus and Authorize Staff to Proceed with the Sale or Approve Parcel for Affordable Housing Use (Budget Impact - Potential Revenue of $9,200) The Board considered the following recommendation as presented by County Engineer Straub, OCE Description/Background This is a request to declare Parcel # as surplus and 1) Approve the Sale and Purchase Agreement and Statute 125 Deed and authorize staff to proceed with the sale, or 2) Reject the bid and approve the parcel for affordable housing use A surplus sale that included Parcel # was advertised over a three (3) week time period and the highest of the six (6) sealed bids received was in the amount of $9,200 Subsequently a request was received from the Community Services Department to retain and reserve this parcel for affordable housing use On March 6, 2007, the Board established that to be considered appropriate for affordable housing use, parcels must be buildable, located within a subdivision having dedicated water retention areas and access an existing paved or County maintained road (see attached agenda meeting minutes) This parcel meets the criteria Budget/Impact Sale of Surplus Land $9,200 Recommended Action Motion to approve the request to declare Parcel # as surplus and 1) Approve the Sale and Purchase Agreement and Statute 125 Deed and authorize the Chair and Clerk to execute the same, or 2) Reject the bid and approve the parcel for affordable housing use by the Community Services Department (Ed Note This matter was addressed with Item 714 ) A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to approve the request to declare Parcel # as surplus The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to reject the current bid and approve the parcel for affordable housing use, utilizing NSP Funds, with the caveat that if the parcel is not utilized by the department within 1 year, it will be sent out for re-bid The motion was unanimously approved by the Board (5-0) Book W, Page 649

22 717 Request Approval to Declare Parcel # as Surplus and Authorize Staff to Proceed with the Sale or Approve Parcel for Affordable Housing Use (Budget Impact - Potential Revenue of $3,618) The Board considered the following recommendation as presented by County Engineer Straub, OCE Description/Background This is a request to declare Parcel # as surplus and 1) Approve the Sale and Purchase Agreement and Statute 125 Deed and authorize staff to proceed with the sale, or 2) Reject the bid and approve the parcel for affordable housing use A surplus sale that included Parcel # was advertised over a three (3) week time period and the highest of the five (5) sealed bids received was in the amount of $3,618 Subsequently a request was received from the Community Services Department to retain and reserve this parcel for affordable housing use On March 6, 2007, the Board established that to be considered appropriate for affordable housing use, parcels must be buildable, located within a subdivision having dedicated water retention areas and access an existing paved or County maintained road (see attached agenda meeting minutes) This parcel meets the criteria Budget/Impact Sale of Surplus Land $3,618 Recommended Action Motion to approve the request to declare Parcel # as surplus and 1) Approve the Sale and Purchase Agreement and Statute 125 Deed and authorize the Chair and Clerk to execute the same, or 2) Reject the bid and approve the parcel for affordable housing use by the Community Services Department (Ed Note This matter was addressed with Item 714 ) A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to approve the request to declare Parcel # as surplus The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to reject the current bid and approve the parcel for affordable housing use, utilizing NSP Funds, with the caveat that if the parcel is not utilized by the department within 1 year, it will be sent out for re-bid The motion was unanimously approved by the Board (5-0) 718 Request Approval of the Second Amendment for Cooperative Funding Agreement No 16CF Between the Southwest Florida Water Management District and Marion County for the Rainbow Springshed Stormwater Retrofit Project (WR04) (Budget Impact - Credit of up to $465,755) The Board accepted the following recommendation as presented by County Engineer Straub, OCE Description/Background This project, located within Rainbow Springs 5th Replat, is a joint effort by the County and the Southwest Florida Water Management District (SWFWMD), to improve water quality treatment for stormwater discharges to the Floridan aquifer system Two of the three drainage retention areas (DRAs) have been completed The third DRA is in the design phase This grant will reimburse 50% of the dollars spent for construction (up to a total reimbursement Page 650, Book W

23 amount of $465,755) The second amendment extends the contract expiration date to April 30, 2018, to accommodate the timeline for the third DRA This project is identified as Rainbow Springs 5th Replat, Capital Project 67, in the FY 2016/2017 Stormwater Budget Budget/Impact Credit of up to $465,755 to the Stormwater Fund Grant Revenue Account Recommended Action Motion to approve the attached amendment and authorize the Chairman and Clerk to execute the same 719 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Stone Creek by Del Webb Longleaf Phase 3 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, OCE Description/Background This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Stone Creek by Del Webb Longleaf Phase 3 The improvements were inspected on May 7, 2017 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond Budget/Impact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same 7110 Request Approval of a Right of Way Deed Associated with SE 52nd Court (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, OCE Description/Background This is a request to approve a Right of Way Deed between Deborah Gilley and Marion County In the 1950s, Marion County acquired most of the west 25 feet of right of way along SE 52nd Court, a road apparently constructed with the Breezewood Estates Subdivision (Plat Book F, Page 109) around that same time It recently came to our attention that a portion of the SE 52nd Court corridor had not been acquired and was on private property Deborah Gilley has agreed to donate the missing right of way which will finalize the acquisition for this road Budget/Impact None Recommended Action Motion to approve the Right of Way Deed Request Approval of the Speed Limit Resolution to Reduce the Speed on SW 40th Street from SW 43rd Court to SW 38th Court (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, OCE Description/Background The Office of the County Engineer requests changing the posted speed limit on SW 40th Street from SW 43rd Court to SW 38th Court from the current 35 mph to 30 mph, as shown on the attached map This change is requested by the City of Ocala to provide consistency with the recently established 30 mph speed limit on SW 38th Court as it approaches SR Book W, Page 651

24 200 In addition, the requested change is consistent with Florida Statute , which establishes a blanket speed limit of 30 mph for commercial districts This section of roadway is considered a commercial district due to the adjacent land uses which includes a Sam's Club, Office, RV Park, and future hotel Budget/Impact None Recommended Action Motion to adopt the attached speed limit resolution reducing the posted speed limit from 35 mph to 30 mph on SW 40th Street from SW 43rd Court to SW 38th Court and authorize the Chair and the Clerk to execute the same Resolution 17-R-183 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA 7112 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Windward Hills II at Spruce Creek (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, OCE Description/Background This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Windward Hills II at Spruce Creek The improvements were inspected on December 24, 2008 and a Certification of Satisfactory Completion letter was sent to the Developer However, the surety bond was not released The release will be recorded in the Public Record for proper satisfaction of the surety bond Budget/Impact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same 7113 Request Approval of a Joint Participation Agreement with the Florida Department of Transportation associated with the Construction of Highway Lighting along 1-75 at CR 484, SR 326, and CR 318 (FPID ) (Budget Impact - Neutral, after reimbursement from FDOT) The Board accepted the following recommendation as presented by County Engineer Straub, OCE Description/Background The Florida Department of Transportation has a project programmed to begin construction in the fall of 2017 to install highway lighting at three interchanges on 1-75 CR 484, SR 326, and CR 318 The intent of this project is to enhance safety at these interchanges During design, it was determined that three street lights on CR 318 had to be located on Duke Energy power poles within the County right-of-way The County will contract with Duke Energy to install the street lights on Duke Energy power poles The County will be reimbursed by FDOT for the full cost not to exceed $30,000 This Joint Participation Agreement provides the mechanism for the County to be reimbursed Budget/Impact The estimated cost of the street lighting is $18,000 This agreement requires the County to pay Duke Energy and then received reimbursement from FDOT The reimbursement is not to exceed $30,000 Recommended Action Motion to approve a Resolution authorizing the execution of the Joint Participation Agreement with the Florida Department of Transportation Page 652, Book W

25 and authorize the Chair and the Clerk to execute both the Resolution and the Agreement Resolution 17-R-184 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF HIGHWAY LIGHTING NEAR 1-75 AND COUNTY ROAD Request Approval of a Traffic Signal Maintenance Interlocal Agreement with the City of Dunnellon (Budget Impact - Neutral) The Board accepted the following recommendation as presented by County Engineer Straub, OCE Description/Background On behalf of the Florida Department of Transportation (FDOT) via a Traffic Signal Maintenance and Compensation Agreement (TSMCA) the City of Dunnellon currently maintains four traffic signals and one pedestrian signal on US 41 As Dunnellon does not currently have traffic signal maintenance personnel, they contract with a non-local private contractor to provide this service Dunnellon is requesting the County take over maintenance of these five signals The five signals currently maintained by Dunnellon will be added to the County's TSMCA with FDOT allowing the County to receive direct payment from FDOT The Interlocal Agreement will remain effective in perpetuity unless terminated by either party Either party can terminate the agreement with 30 days written notice If the City seeks to terminate the agreement, it does not become effective until the City signs an agreement with FDOT assuming responsibility for the maintenance of the traffic signals Budget/Impact Neutral, This agreement will result in an additional $16,125 annual revenue from FDOT which will be offset by additional expenses of approximately the same value for annual maintenance of the signals Recommended Action Motion to approve the Traffic Signal Maintenance Interlocal Agreement with the City of Dunnellon and authorize the Chair and the Clerk to execute the same 7115 Request Approval of the No Thru Trucks Resolution on NW 130th Street from the Levy County Line to NW 160th Avenue (Budget Impact - None) The Board considered the following recommendation as presented by County Engineer Straub, OCE Description/Background In April 2007, Marion County temporarily establishing No Thru Trucks with the adoption of Resolution 07-R-118 for NW 130th Street from the Levy County Line to NW 160th Avenue and Resolution 07-R-119 for NW 160th Avenue from US 27 to CR326 Recently complaints have been received from both an active mine in Levy County off of NW 130th Street and residents along the same corridor about truck use of the road Based on these complaints, a new traffic evaluation was conducted, which also considered the narrow width of the road and the condition of the road and right-of-way Staff continues to support the No Thru Trucks designation Budget/Impact None Book W, Page 653

26 Recommended Action Motion to adopt the attached No Thru Trucks Resolution on NW 130th Street from the Levy County Line to NW 160th Avenue and authorize the Chair and the Clerk to execute the same Mr Minter commented on previous discussions earlier in the meeting and advised that based on the study performed by the OCE, it is his opinion that the BCC can move forward with consideration of the proposed Resolutions for Items 7115 and 7116 However, based on discussions with Attorney Stinson, on behalf of Derby Gold, he opined that it would be appropriate for the BCC to allow them an opportunity to come back to the Board with their presentation at the next regularly scheduled BCC meeting on July 18, 2017 Chairman Zalak concurred, noting the Board can move forward today and then reconsider the matter again on July 18, 2017 County Engineer Tracy Straub, OCE, advised that the No Thru Trucks signs on NW 130th Street and NW 160th Avenue have been posted since 2007, and opined that the business decisions to utilize these roads since that time should not have been made due to the restrictions She stated the roads are not designed to support routine daily truck traffic and referred to the pictures of the roadways as shown on the overhead screens Ms Straub noted road improvements were made on the Levy County side of NW 130th Street after the mine was approved to use the road in that county She commented on the large Oak tree canopy that aligns the roadway on the Marion County side, noting there are signs that the trees have been dinged by large vehicles Ms Straub referred to the pictures of NW 160th Avenue and advised that Marion County did perform 2 feet of shoulder widening along each side of the roadway in order to maintain two-way traffic, however, the edge of the roadway cannot support truck traffic She advised that without redesigning/reconstructing the roadways, staff cannot support that truck traffic be allowed on these roads In response to Chairman Zalak, Ms Straub stated staff received phone calls from the mining company saying they were getting ticketed and requested they be allowed to use the roads Staff also received calls from citizens reporting that the No Thru Truck signs are in disrepair and need to be updated She advised that staff has not touched the signs as of yet, noting the 2007 request was meant to be temporary and staff has not received any direction to address signage In response to Commissioner Moore, Ms Straub stated Highway 41 and County Road 326 can accommodate truck traffic as an alternate route She advised that Levy County has limited the mine's truck activity on some of their local roads and discussed that Highway 41 be the company's significant route, but did not address what roadways could be utilized in Marion County Mr Bouyounes advised that Resolution 07-R-118 has expired A motion was made by Commissioner Stone, seconded by Commissioner Moore, to adopt Resolution 17-R-185 approving the No Thru Trucks Resolution on NW 130th Street from the Levy County Line to NW 160th Avenue for an indefinite period of time The motion was unanimously approved by the Board (5-0) Resolution 17-R-185 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA Chairman Zalak directed the County Administrator to ensure that the mining company and their attorney are placed on the upcoming BCC Agenda to allow for their presentation Page 654, Book W

27 7116 Request Approval of the No Thru Trucks Resolution on NW 160th Avenue from CR 326 to US 27 (Budget Impact - None) The Board considered the following recommendation as presented by County Engineer Straub, OCE Description/Background In April 2007, Marion County temporarily establishing No Thru Trucks with the adoption of Resolution 07-R-118 for NW 130th Street from the Levy County Line to NW 160th Avenue and Resolution 07-R-119 for NW 160th Avenue from US 27 to CR326 Recently complaints have been received from both an active mine in Levy County off of NW 130th Street and residents along the same corridor about truck use of the road Based on these complaints, a new traffic evaluation was conducted, which also considered the narrow width of the road and the condition of the road and right-of-way Staff continues to support the No Thru Trucks designation Budget/Impact None Recommended Action Motion to adopt the attached No Thru Trucks Resolution on NW 160th Avenue from CR 326 to US 27 and authorize the Chair and the Clerk to execute the same (Ed Note This matter was addressed with Item 7115 ) A motion was made by Commissioner Stone, seconded by Commissioner Moore, to adopt Resolution 17-R-186 approving the No Thru Trucks Resolution on NW 160th Avenue from CR 326 to US 27 for an indefinite period of time The motion was unanimously approved by the Board (5-0) Resolution 17-R-186 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA 7117 Request Approval of the No Thru Trucks Resolution on CR 316 from CR 329 to CR 225 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, OCE Description/Background A petition was received by the "Friends of the Marion Environment" to detour truck traffic off CR 316 in the Fairfield community Based on the request, a traffic evaluation was conducted, which also considered the condition of the road, the narrow width of the road and road right-of-way, and the proximity of private improvements to the right-of-way Staff supports the No Thru Trucks designation for the section of CR 316 between CR 329 and CR 225 Budget/Impact None Recommended Action Motion to adopt the attached No Thru Trucks Resolution on CR 316 to CR 329 to CR 225 and authorize the Chair and the Clerk to execute the same Resolution 17-R-187 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA 7J Utilities 7J1 Request Approval to Transfer Project Funds (Budget Impact - None) Book W, Page 655

28 The Board considered the following recommendation as presented by Utilities Director Angel Roussel, Marion County Utilities (MCU) Description/Background Request to transfer $8,282,945 between project codes The transfers are based on the CIP Workshop that was held on February 23, 2017 which updated project funding based on current estimates and priorities Also, requesting to close out projects that are complete Please see Attachments There is also a corresponding Budget Amendment on this agenda item Budget/Impact None Recommended Action Motion to authorize the budget office at the Clerk of the Courts to transfer funds between project codes as provided A motion was made by Commissioner Moore, seconded by Commissioner Bryant, to authorize the budget office at the Clerk of the Courts to transfer funds between project codes as provided The motion was unanimously approved by the Board (5-0) 5A8 Marion County Utilities Fund - Utilities/Engineering and Construction - $420,255 A motion was made by Commissioner Moore, seconded by Commissioner Bryant, to adopt Resolution 17-R-188 transferring $420,255 within the Marion County Utilities Fund for Utilities/Engineering and Construction The motion was unanimously approved by the Board (5-0) 8 COUNTY ATTORNEY 8A Request Approval to Consider an Interlocal Agreement with the City of Ocala for Participation in the Marion County Animal Abuser Registry The Board considered the following recommendation from Assistant County Attorney Russell G Ward, Legal Description/Background The City of Ocala desires to participate in the County Animal Abuser Registry This interlocal agreement is required by Sec 4-15, Marion County Code of Ordinance, for the City of Ocala to participate in the registry The effect of this interlocal agreement is to make all persons convicted of animal abuse offenses in the City limits subject to registration, to prohibit all persons and entities located within the limits of the City from transferring ownership or possession of any animal to any person listed in the Marion County animal abuser registry, and to allow for the enforcement of Sec 4-15, Marion County Code of Ordinances within the City In addition, in agreement with Article VIII, Section 1, of the Florida Constitution, the City may enforce all provisions of the Marion County Code of Ordinances within the limits of the City that do not conflict with the ordinances of the City The County may enforce its ordinances, to the extent they do not conflict with the ordinances of the City, within the boundaries of the City upon passage of a resolution by the City requesting such action, as required by Sec 1-8, Marion County Code of Ordinances Budget/Impact None Recommended Action Motion to approve the attached Interlocal Agreement and authorize Chairman and Clerk to execute the same Mr Minter advised that Ordinance (Animal Abuser Registry) provides that the Ordinance will not be effective within municipalities except through the adoption of an Interlocal Agreement (ILA) The City of Ocala is requesting the Board consider a proposed agreement between Marion County and the City of Ocala, allowing the City to participate Page 656, Book W

29 in the program and authorize the county to enforce the provisions of the Ordinance within City limits upon adoption of a Resolution by the City of Ocala He stated staff recommends approval of the ILA Commissioner Gold out at a m A motion was made by Commissioner Moore, seconded by Commissioner Stone, to approve and execute the ILA for Participation in the Marion County Animal Abuser Registry with the City of Ocala The motion was unanimously approved by the Board (4-0) 8B Request Approval of Preliminary Rate Resolution for Fire Services The Board considered the following recommendation from County Attorney Matthew G Minter, Legal Description/Background The Attached Preliminary Rate Resolution attached hereto as Exhibit "A" has been prepared to provide for rate increases necessary to fund the proposed Marion County Fire Rescue budget for FY A form of Notice is attached to the Resolution Budget/Impact None Recommended Action Motion to approve the Preliminary Rate Resolution for Fire Services Mr Minter commented on the preliminary rate resolution for Fire Services and advised that Heather Encinosa, Nabors Giblin & Nickerson, PA (NGN), consultants for Marion County has been working on this item He stated the request is for a preliminary rate adjustment to the Fire Rescue Rate Resolution Commissioner Gold returned at a m In response to Chairman Zalak, Fire Chief Paul NeveIs, Marion County Fire Rescue (MCFR), clarified that the Resolution provides for a preliminary rate only, noting the final rate will be considered by the BCC on September 11, 2017 The preliminary Rate Resolution will set the assessment at the maximum rate needed to fund the Fire Department Mr Bouyounes referred to the chart on page 6 of the Agenda Item, which shows 2 categories, the demand component and the availability component For example, the demand component per residential dwelling unit is proposed at $27 93 and the availability component per dwelling unit is proposed at $ for a total assessment of $ He noted the current rate for both components is set at $172 per residential dwelling unit The rates for commercial and industrial properties are based on square footage In response to Chairman Zalak, Mr NeveIs advised of recent action by the Legislature that has made it very difficult to charge a fire assessment for large acreage, however, there is a charge for smaller areas depending on what types of improvements are on the property (i e, barns, horse stalls, etc) Staff will work with the Property Appraiser's Office to get specific information on those type of properties A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to adopt Resolution 17-R-189 regarding Fire Rescue Services The motion was unanimously approved by the Board (5-0) Resolution 17-R-189 is entitled A RESOLUTION OF MARION COUNTY, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE MARION COUNTY MUNICIPAL SERVICE BENEFIT UNIT FOR FIRE RESCUE SERVICES, DESCRIBING THE METHOD OF Book W, Page 657

30 ASSESSING FIRE RESCUE ASSESSED COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE MUNICIPAL SERVICE BENEFIT UNIT, DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL, AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF, PROVIDING FOR CERTAIN VACANCY CREDITS, AND PROVIDING AN EFFECTIVE DATE Commissioner Bryant out at a m 9 COUNTY ADMINISTRATOR 9A Administrative Updates County Administrator Bouyounes advised that he has a couple of updates this morning UPDATE Mr Bouyounes advised that staff will provide an update relating to drainage issues near Stanton Weirsdale School Community Services Director Martin commented on Board direction given to staff at its April 4, 2017 BCC meeting She advised that staff has performed 3 separate surveys 1) door to door, 2) community meeting, and 3) mail-in survey, noting staff received only 1 response by mail Ms Martin advised that staff went back out and delivered selfaddressed stamp envelopes requesting information, but no responses have been received Staff expanded the boundary in order to accumulate more surveys, noting the county is required by the Housing and Urban Development (HUD) to acquire 51% participation in order to try and qualify that road for CDBG funding The expanded boundaries will include assisting SE 166th Place, SE 167th Lane, SE 168th Place, and SE 135th Avenue Commissioner Bryant returned and Commissioner Moore out at a m Mr Bouyounes noted by expanding the boundary it will take care of all the dirt roads that connect from SE 134th Avenue Road back to the school area In response to Chairman Zalak, Commissioner Gold stated his preference is to try and expand the boundary, noting the county has tried everything it can to help citizens in that area He noted the need for residents to help themselves and the county by participating in the process Chairman Zalak stated it was the consensus of the Board to continue moving forward with the process County Engineer Straub, OCE, referred to pictures of the roadways as shown on the overhead screens and provided a brief history of the roads in that area Commissioner Moore returned at a m Ms Straub advised that the railroad by the school has been there since 1917, if not before, noting the railroad along with the adjacent roadway bed has existed since that time She stated Ms Gavins' house was constructed in 1976, however, there is no permit information on record since that time The DRA on CR 42 was constructed in 2012 as part of the CR 42 and CR 25 Interchange improvement project Ms Straub opined that many of the drainage issues existed prior to any involvement by the county She referred to the picture on the overhead screens, which shows the county's digital elevation model (DEM) for the area near CR 42, noting the hotter the colors (e g, red), the higher the elevation and the cooler colors (e g, blue) reflect lower elevations Ms Straub advised that the county still does not have enough significant ROW to perform any substantial DRA work and commented on a fence line that is erected around property Page 658, Book W

31 in the area that is also an issue, noting staff has performed as much work (scrapping) as possible along the fence line She noted staff will need to acquire approximately 15 feet of ROW along the east side of SE 134th Avenue Road to send the water runoff without affecting other people's private property Ms Straub provided a brief overview of other ongoing efforts staff is making to try and relieve drainage issues In response to Commissioner Gold, Ms Straub stated she has spoken with several neighbors in the area that have advised of flooding issues on the property prior to Ms Gavin building her house Commissioner Gold commended Ms Straub and staff for the efforts they have put into trying to resolve this issue UPDATE Mr Bouyounes provided a brief update regarding Lake Weir and Little Lake Weir, noting staff is working on a project that will help alleviate some of the connectivity issues between those 2 bodies of water He stated staff is working to get the Department of Environmental Protection (DEP) to participate in the project Chairman Zalak directed staff also look into connectivity issues with Lake Kerr 10 COMMITTEE ITEMS 10A Marion County Hospital District Board of Trustees - Request Re-Appointment of Two (2) Trustees, One Physician and One Non-Physician, for Full Terms Executive Assistant Nadia M Griffis, Commission Office, presented the following recommendation Description/Background The Hospital District Board of Trustees currently has two vacancies, one for a physician role and one for a non-physician role Each position has only received one application which are from the current incumbents Both are eligible for re-appointment Physician Dr Ram Vasudevan, Cardiologist Non-Physician Marion Heart Center Richard Bianculli, Managing Partner Richmond Hill Capital Partners Budget/Impact None Recommended Action Motion to re-appoint Mr Bianculli and Dr Vasudevan to the Hospital District Board of Trustees with terms ending June 30, 2021 Clerk Ellspermann advised that the applicants received the appropriate votes A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to reappoint Dr Ram Vasudevan and Richard Bianculli as members of the Marion County Hospital District (MCHD) Board of Trustees The motion was unanimously approved by the Board (5-0) 10B Tourist Development Council - Request Appointment of Two (2) Full Members, One Collector and One Non-Collector, for Unexpired Terms Executive Assistant Nadja M Griffis, Commission Office, presented the following recommendation Description/Background Due to two resignations, the Tourist Development Council has two vacancies, one as collector and one as non-collector, for unexpired terms ending in February 2018 The following applications have been received for these vacancies Collector Book W, Page 659

32 Amy Agricola, Director of Marketing Golden Ocala Rich Larkin, General Manager Hilton Ocala Non-Collector Wesley (Chip) Dixon, Jr, Franchisee/Hospitality Management Sonny's BBQ/Mojo's Jennifer Hunt Murty, Co-owner Ocala Culinary Festival, LLC Bill Vargo, Aquatics Director/Swim Instructor Ocala Aquatics, Inc & Marlin Swim Club Patrick Watson, Board member Silver Springs International Film Festival Budget/Impact None Recommended Action Motion to appoint to the TDC one applicant as a noncollector and one applicant as a collector for unexpired terms ending February 2018 Clerk Ellspermann announced the results of the Commissioners' ballots for the Tourist Development Council (TDC) A motion was made by Commissioner Moore, seconded by Commissioner Bryant, to appoint Rich Larkin and Jennifer Hunt Murty as members of the TDC The motion was unanimously approved by the Board (5-0) Commissioner Moore commented on the quality of the candidates that applied for the vacancies 10C Tourist Development Council - Request Ratification of Mayor Walter Green to Council as Appointed by the City of Dunnellon Executive Assistant Nadja M Griffis, Commission Office, presented the following recommendation Description/Background The City of Dunnellon has appointed Mayor Walter Green as their representative on the Tourist Development Council (TDC) in replacement of Vice-Mayor Richard Hancock They have also selected Councilwoman Valerie Hanchar as their alternate for Mayor Green These appointments took place at a special city council meeting on May 30, 2017 Budget/Impact None Recommended Action Motion to ratify appointment of Dunnellon Mayor Walter Green to the TDC and Councilwoman Hanchar as alternate A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to ratify appointment of Dunnellon Mayor Walter Green as a member of the TDC and Councilwoman Hanchar as an alternate The motion was unanimously approved by the Board (5-0) 11 NOTATION FOR ACTION 11A Request Approval to Schedule and Advertise a Public Hearing to Adopt a Final Assessment Resolution for Fire Services, Annual Rate Resolutions for Stormwater and Solid Waste and Certify Non-Ad Valorem Assessment roles for County Wide Fire, Stormwater and Solid Waste Assessment Rolls on Monday, September 11, 2017 at 1 00 pm The Board considered the following recommendation from MSTU Director Shawn Hubbuck Page 660, Book W

33 Description/Background This is a request to schedule and advertise a Public Hearing to adopt a final Assessment Resolution for Fire Services and annual rate Resolutions for Stormwater and Solid Waste These rate resolutions are required to certify the Non-Ad Valorem assessment rolls for the county wide fire, stormwater and solid waste assessments These annual rate resolutions will need to be adopted on an annual basis and there are no proposed increase to the stormwater and solid waste rates Budget/Impact None Recommended Action Motion to schedule and advertise a public hearing to adopt a final assessment resolution for fire services, annual rate resolutions for stormwater and solid waste and certify non-ad valorem assessment rolls for county wide fire, stormwater and solid waste assessments on Monday, September 11, 2017 at 1 00 pm A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to schedule and advertise a public hearing on Monday, September 11, 2017 at 1 00 p m to adopt a final assessment Resolution for fire services, annual rate Resolutions for stormwater and solid waste and certify non-ad valorem assessment rolls for county wide fire, stormwater and solid waste assessments The motion was unanimously approved by the Board (5-0) 12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Stone referred to Item 13A10, which contains a letter dated June 12, 2017, that she wrote, on behalf of the BCC, to the 2 organizations utilizing county property to feed people in need She advised that the letter requests a timely resolution concerning the Property Use Agreement and noted that no response has been received from either party Commissioner Stone advised that the Kingdom of the Sun Band is looking to raise $15,000 to help cover expenses incurred from its use of the Marion Technical Institute to perform its concert series She stated she was contacted by a representative of the Marion County School Board inquiring if the BCC would be in agreement to cover onethird of the cost, the City of Ocala covering one-third, and the School Board also covering one-third Commissioner Stone noted the concerts include over 80 volunteer musicians and attract approximately 800 to 1,000 people at least once a month throughout the year She commented on discussions she had with the County Administrator, who will need direction from the Board to try and find those funds and place the matter on the upcoming agenda for BCC consideration Advertisement for the concerts will include the wording "supported by the School Board, Marion County Commission and the City of Ocala to provide this service for the citizens of Marion County" General discussion ensued Clerk Ellspermann advised that if the Board makes direction to the County Administrator to follow up on the request, he would like to be part of that discussion, noting the requirements necessary to meet a "public purpose" in order to expend taxpayer funds Commissioner Bryant advised that although the Kingdom of the Sun Band is a wonderful asset to the community, she is concerned that approving the request will have unintended consequences in regard to other community organizations that will come looking for funding Book W, Page 661

34 Chairman Zalak commented on previous discussion the Board had with other organizations in regard to no outside agency requests for funding this year He commented on the possibility of the organization utilizing the Veterans Park to hold practices General discussion resumed In response to Commissioner Gold, Clerk Ellspermann advised of the need for a public purpose to meet the return to taxpayers in general and not a specific or limited group Commissioner Bryant commented on the possibility that it may be something the TDC can sponsor Chairman Zalak noted the Band can apply next year, noting the TDC just closed its grant and all $50,000 of the allocated funding has been expended Commissioner Moore suggested the organization reach out to the private sector for funding Commissioner Stone stated she will advise the School Board that there is not a consensus from the BCC to support the request Clerk Ellspermann suggested the organization reach out to the Riley Arts Center for support Commissioner Stone advised that a Community Services Fair was held on Saturday, June 17, 2017, at the Orange Lake Community Park in Reddick, noting there were 10 different community service departments and 11 non-profit agencies that participated in the event, which was successfully attended She expressed her appreciation to Parks and Recreation Director Jim Couillard and ACA Moree for their lead in organizing the event Commissioner Stone opined that this is a wonderful opportunity to take this event to other underserved areas of the community Chairman Zalak referred to Item 13A10 and questioned the deadline for a response from the 2 organizations utilizing county property to feed people in need Commissioner Stone stated the organizations have until July 1, 2017 to respond Mr Bouyounes noted the next regular BCC meeting is not scheduled until July 18, 2017 It was the general consensus of the Board that if no response is received by the deadline of July 1, 2017, then neither organization will be allowed to utilize county property Commissioner Stone advised of a recent "ride along" she performed with the MCSO, noting it was a great, but tough experience and expressed her appreciation for the job law enforcement officers' carryout Commissioner Moore encouraged the citizens of Marion County not to drink and drive He thanked county staff, first responders, veterans and active military personnel for all their hard work Commissioner Gold thanked citizens for participating in BCC meetings and commented on the need for competitive pay for county staff Commissioner Bryant commented on current policies that govern the SELP and opined that several well supported events do not utilize the facility due to those policies She requested the Board allow the County Administrator to review the matter to determine if there is a way to grandfather in some of the long standing events within the community in order to allow those venues to sell alcohol Chairman Zalak opined that decisions like that should require BCC approval and expressed concern with setting precedence, noting current policies have served the county very well Page 662, Book W

35 General discussion ensued Chairman Zalak advised that there is no consensus from the Board to review the matter Chairman Zalak wished everyone a happy Fourth of July 12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of through July 19, 2017 Mr Bouyounes provided an amended/updated Commission calendar for the record 12C 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 Roger Knechtel, SE 97th Terrace Road, Summerfield, addressed the Board in regard to the need for competitive salaries for county employees Jennifer Murty, SE Clatter Bridge Road, addressed the Board in regard to the sale of alcohol at SELP, noting the City of Ocala allows the sale of alcohol at special events held on City property She expressed concern with the fundraising opportunities that will be missed due to policies relating to alcohol on county properties Commissioner Stone clarified that county policy allows events to serve alcohol at SELP, however, it cannot be sold at those events Commissioner Bryant stated there are several events that have been grandfathered in that are allowed to sell alcohol 13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC B(10) - Family Division for the James and Gay Street Property Parcel # , Application # A2 Present Ocala/Marion County Chamber & Economic Partnership (CEP) Activity Report for May and Performance Matrix YTD A3 Present Solid Waste Department Monthly Operation Report for May A4 Present Building Safety Productivity Report for Month of May A5 Present Candler Hills East Community Development District Proposed Budget FY 2018, dated May 25, A6 Present Indigo East Community Development District Proposed Budget FY 2018, dated May 25, A7 Present Bay Laurel Center Community Development District Proposed Budget FY 2018, dated May 25, A8 Present Outside Counsel Fees/April, May, A9 Present the Withlacoochee Regional Water Supply Authority FY Budget 13A10 Present Letters Sent to Curtis Jones and Anita Crews from Commissioner Stone Regarding the June 6, 2017 Board Discussion 13B 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 http //marion flondahealth gov/ Book W, Page 663

36 13D Clerk of the Court 13D1 Present Regular Report of Utilization for Reserve for Contingencies 13D2 Present Monthly Report for the Building Department Budget and Actual 13D3 Present Memorandum From David R Ellspermann, Clerk Of Circuit Court And Comptroller, Regarding The Filing Of Ordinances (Comprehensive Plan 16-L08), (Comprehensive Plan 17-L02), (Zoning), And (Abandoned Properties) With The Secretary Of State's Office 13D4 Present Letter Dated May 17, 2017 From The City Of Ocala, Growth Management Department, Regarding The West Ocala Community Redevelopment Plan Amendment 13D5 Present the Acquisition or Disposition of Property Forms Authorizing Changes in Status, as Follows 37396, 39412, 44960, 45385, an Attached List from Marion County Health Department 13E Present for information and record, minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 1, E2 Development Review Committee (DRC) - May 15 and 22, E3 District 5 Medical Examiner Advisory Committee - March 23, 2015 and February 18, E4 License Review Board (LRB) - April 11, E5 Marion County Fire Rescue and EMS Advisory Board - January 24 and February 20, E6 Planning & Zoning Commission (P&Z) - April 24, E7 Rainbow Lakes Estates (RLE) Advisory Committee - March 16 and April 20, E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas, Visit the Website at http //www WaterMatters org 13E9 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas, Visit the Website at http //www floridaswater corn 13E10 Transportation Planning Organization (TPO) - For Minutes and Agendas, Visit the Website at http //www ocalafl org/tpo 13E11 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas, Visit the Website at http //www wrwsa org There was a recessed at a m The meeting reconvened at 2 04 p m with all members present Also present were Growth Services Director Sam Martsolf, Senior Planners Chris Rison, Ken Weyrauch and Kimberleigh (Kim) Dinkins, Strategic Resources Project Manager Kevin Smith, Administrative Staff Assistant Stephanie Soucey, Staff Assistant IV Darlene Pocock, County Attorney Matthew G Minter, County Administrator Mounir Bouyounes, County Engineer Tracy Straub and Utilities Director Angel Roussel The meeting opened with the Pledge of Allegiance to the Flag of our Country 14 PLANNING & ZONING AND DRC WAIVER REQUESTS (AT 2 OOPM) Deputy Clerk Bonvissuto advised that there are two Proofs of Publication to be presented for this afternoons meeting Page 664, Book W

37 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 May 21, 2017 The Notice states the Board will consider Comprehensive Plan Amendment 17- D05 (Item 14C13), a Large Scale Comprehensive Plan Amendment (CPA) to the Future Land Use Map (FLUM) Series The second Proof of Publication is No A entitled, "Notice of Intention to Consider Adoption of an Ordinance" published in the Star Banner newspaper on June 6, 2017 The Notice states the Board will consider approval of CPA, rezoning and/or Special Use Permit applications, as well as considering adoption of an Ordinance(s) (Item 14D1 and 14D2) Chairman Zalak noted Zoning hearings worked a little different than normally scheduled public hearings and legislative opportunities He stated the County Attorney will now address the legal disclaimers for this afternoons zoning hearings County Attorney Matthew G Minter stated there are a number of types of hearings on this afternoons Agenda, some of which pertain to Comprehensive Plan issues Generally speaking, those matters are considered to be policy making decisions for the Board The Board has wide discretion in regard to ruling on CPA issues The majority of cases before the Board today deal with either rezoning or Special Use Permit hearings, which are considered what the courts call quasi-judicial proceeding, and means for purposes of a rezoning or Special Use Permit hearing the BCC are themselves sitting with somewhat of a judges hat on today The relevance of that to those present, as an affected citizen, is for those who speak to not only express your opinion, such as, "this should be a majority rule", but rather your testimony or statements need to be based on evidence, factual matters that are relevant to the issues in the case For instance, in a Special Use Permit, the BCC has to make 3 specific findings regarding the application 1) that it is consistent with the Marion County Comprehensive Plan, 2) it will not have an adverse effect on surrounding property owners, and 3) it is consistent with the public interest In order for the BCC to understand issues or concerns, a speaker, as a nearby property owner, needs to address any adverse impacts, such as increased traffic, noise, safety issues, or specific information, rather than stating you do not like, or are against, a request In these proceedings, it is up to the Board to make a decision on what is called competent substantial evidence It is up to the applicant to demonstrate evidence supporting the application When making comments at the microphone a speaker does not get to question the applicant yourself, however, the Board will listen to concerns and/or questions and require the applicant or representative to respond to issues presented It is then up to the Board to digest what was heard from both sides Sometimes the applicant will give a presentation and on other occasions the applicant will wait until after public comment and then respond to specific issues that come up There are also a few Consent Agenda items for consideration, which the Growth Services Director will address The Board will motion to pass those items as a group if no one has any comments or objections to the consent items, however, you will need to raise your hand if you should have questions or want to have an item pulled from the Consent Agenda for consideration Chairman Zalak thanked Mr Minter and advised that the Board will now start with the Consent Agenda items 14A1 through 14A4 14A Planning and Zoning Consent Items Growth Services Director Sam Martsolf advised that the four (4) petitions listed on the consent agenda are recommended for approval by both the Planning Division and the Book W, Page 665

38 Planning and Zoning (P&Z) Commission He stated the consent agenda items will be acted on in one motion, as follows ITEM OWNER FROM-TO ACREAGE NUMBER Medium Density 1 17-S03 Kirk Boone, Trustee 8 93 Residential to Commercial Z Kirk Boone, Trustee A-3 to B Special Use Permit in B SU Lanse K Fero, Trustee 1 68 with RAC Modification of a Special SU Eric & Deborah VanWagner Use Permit in A-1 PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Colen, to agree with staffs findings and recommendation, and recommend approval of the following Consent Agenda Items (17-S03, Z, SU 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 Items Z, SU, Z, SU, and Z were pulled off of the consent agenda The motion passed 6 to 0 Chairman Zalak opened the floor to public comment There being none, Chairman Zalak advised that public comment is now closed A motion was made by Commissioner Bryant, seconded by Commissioner More, to approve consent agenda items 14A1 through 14A4, 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 (5-0) The motion approved the consent agenda items as follows 14A1 17-S03 - Kirk Boone, Trustee, Medium Density Residential to Commercial, 8 93 Acres The Board approved Small Scale Comprehensive Plan Amendment No 17-S03 by Kirk Boone, Trustee (owner) / Edward Abshier (applicant), PO BOX 3988, Ocala, FL, for a Land Use Change, Articles 1, 2 and 3 of the Marion County Land Development Code, from Medium Density Residential to Commercial, on approximately 5 86 acres on a portion of Parcel Account No A Z - Kirk Boone, Trustee, A-3 to B-2, 8 93 Acres The Board granted a petition by Kirk Boone, Trustee (owner) / Edward Abshier (applicant), PO BOX 3988, Ocala, FL, fora Zoning Change, Articles 2 and 4, of the Marion County Land Development Code, from A-3 (Residential Agricultural Estate) to B-2 (Community Business), on approximately 8 93 acres of Parcel Account No (17-S03) Page 666, Book W

39 14A SU - Lanse K Fero, Trustee, Special Use Permit in B-4 with RAC, 1 68 Acres The Board adopted Resolution 17-R-191 granting a petition by Lanse K Fero Living Trust, Lanse K Fero, Trustee (owner) / William Cochran (applicant), 1063 West Lake Valley Court, Hernando, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for a church and related uses in a B-4 (Regional Business) zone with RAC (Rural Activity Center) use on approximately 1 68 acres of Parcel Account No Resolution 17-R-191 contains the following Conditions 1 Use of the site shall be limited to conducting church and church related activities 2 This Special Use Permit is effective for the total 1 68 acre site 14A SU - Eric and Deborah VanWagner, Modification of a Special Use Permit in A-1, Acres The Board adopted Resolution 17-R-192 granting a petition by Deborah and Eric VanWagner (owners/applicants), P 0 Box 485, Sparr, FL, for a Modification of Special Use Permit SU, Articles 2 and 4, of the Marion County Land Development Code, to add a burner for the ability to dry horse bedding/shavings before packaging them into bags in A-1 (General Agriculture) zone on acres of Parcel Account No Resolution 17-R-192 contains the following Conditions 1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval 2 This modification is to add a single dryer/bagging unit Any expansion of the number of drying units would require a modification to the Special Use Permit Modifications to impervious areas to better facilitate parking or truck movement for the operation are allowed through the County's Development Review Process or through coordination with the Office of the County Engineer for stormwater compliance 3 All activities related to drying and bagging shavings must occur in the fully enclosed portion of the building with the exception of the Webb Burner, dryer drum and fuel bin, which are stand-alone components 4 Existing buffers shall be maintained along the northern, southern and western boundaries of the subject property as shown on the conceptual plan Additionally, a Type C buffer is required along the Right of Way north of the entry drive 5 To the extent possible, commercial vehicles, debris and raw material storage will be to the rear of the property 6 The current special use allows wood shaving production and periodic burning (001214SU and SU) remains in place This SUP would be accessory to those existing Special Use Permits listed above 7 The dryer/bagging operation, subject of this Special Use Permit modification shall expire on June 20, 2022, however it may be renewed administratively for up to 5 years for three consecutive periods, 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, Book W, Page 667

40 b c 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 The Zoning Manager 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) 148 Individual DRC Waiver Requests for Consideration 1481 Request to Uphold DRC's Denial Regarding Waiver Request LDC B(1)(a) - Water Connection for New Single Family Residential for the Laraine Anderson Property Parcel # , Project # , Application #20197 The Board considered the following recommendation from Growth Services Director Martsolf, on behalf of the DRC Description/Background Section B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicant's statement of justification for the requested waiver is as follows The applicant requests waiver to use the existing well on the property to service a guest house Applicant owns both structures on this property If required to hook up to a new water system, it will be very costly to the customer and not practical in this situation Water connection is 305 feet from the property DRC action on June 5, 2017, by a vote of 3-1, was to deny the request Budget Impact None Recommended Action Motion to uphold the Development Review Committee's denial of the waiver request Mr Martsolf commented on the DRC item to uphold the committee's denial of a waiver request for water connection for a new single family residential unit to be used as a guest cottage In response to Chairman Zalak, Mr Martsolf stated it is a guest house to an existing 1965 home on a 2 acre parcel The Land Development Code (LDC) classifies a guest cottage as an accessory The home has an existing well that the applicant wants to connect to, and is located 1 lot south of Highway 326, approximately 230 feet south with the rightsof-way (ROW) then to cross and match up the line that was extended for the new Dollar General on Highway 326 just beyond 1-75 He noted that Mr Poole is the contractor representing the project Keith Poole, NE Highway 314, Silver Springs, representing the applicant, appeared and advised that preliminary numbers were run on this project, noting the need to cross underneath Highway 326, which is in the neighborhood of $8,500, if nothing goes wrong The applicant is at the tail end of the 400 feet to hook up to the existing water system He advised that they are asking for a waiver as the applicant has been there for some time The property has a single-wide mobile home and a mobile home guest cottage will be brought in as a mother-in-law addition Mr Poole asked for leniency on not having to run the water line across Highway 326 He stated the property is served by a well and septic tank and opined that sewer is not available Chairman Zalak opened the floor to public comment Page 668, Book W

41 There being none, Chairman Zalak advised that public comment is now closed A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to grant the waiver request The motion was unanimously approved by the Board (5-0) 14C Planning and Zoning Items for Individual Consideration 14C1 17-L06 - The Deltona Corporation, Rural Land to Employment Center, Acres (This Request is Being Continued Until the September 25, 2017 P&Z Commission Public Hearing - This Request Will Be Re-advertised) Mr Martsolf advised that the Large Scale Comprehensive Plan Amendment by The Deltona Corporation (owner) / Steve Gray (applicant), 8014 SW 135th Street, Ocala, FL, for a land use change, Articles 1, 2 and 3 of the Marion County Land Development Code, from Rural Land to Employment Center on approximately 5 acres of Parcel Account No and acres of Parcel Account No was continued at the P&Z Commission hearing PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 7 = 0% PLANNING & ZONING COMMISSION RECOMMENDATION Motion made by Mr Colen, seconded by Mr Lourenco, to grant The Deltona Corporation's request for a continuance until the September 25, 2017 P&Z public hearing This item will be re-noticed at that time The motion passed 6 to 0 Mr Martsolf advised that staff will move on to Item 14C2 14C Z - Brenda Phillips and Sasha Will, B-4 to RAC, 2 5 Acres The Board considered a petition by Brenda Phillips and Sasha Will (owners) / Matt Cason, Concept Construction (applicant), 103 Clearwater Court, Hawthorne, FL, for a zoning change, Articles 2 and 4, of the Marion County Land Development Code, from B-4 (Regional Business) zoning to RAC (Rural Activity Center), on approximately 2 5 acres of Parcel Account Nos and WRITTEN OPPOSITION WITHIN 300 FEET 0 of 21 = 0% PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen, seconded by Mr Lourenco, to agree with staffs findings and recommendation, and recommend approval of the requested zoning change 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 0 Growth Services Director Martsolf, commented on the zoning change request from B-4 to RAC on 2 5 acres, which is located in Orange Springs and is in the lower middle of the existing RAC Our Code requires that any vacant property, or non-commercial property that wishes to develop in a RAC needs to rezone to that zoning classification The applicant is going to have a retail store on the property Growth Services Department staff and the P&Z Commission recommend approval of the rezoning request Ryan Thompson, AICP, Planner with CHW, Inc, NE 1st Avenue, agent for the applicant, appeared and advised that he is present to answer any questions Chairman Zalak opened the floor to public comment There being none, Chairman Zalak advised that public comment is now closed Chairman Zalak noted this is an important piece to the Orange Springs community, as there is a park located in the triangle as the road splits He asked if the plans to develop Book W, Page 669

42 the parcel will leave as many trees as possible and inquired if the architecture of the store will be developed to meet the community feel or if it will be a steel building Mr Thompson advised that he has not had that conversation with the client about this specific site He stated he was approached by staff prior to today's hearing and asked if they had any renderings Coincidentally, on Thursday night he will be presenting before the Baker County commission and had a rendering for them, which he will be able to share showing the type of character that the building could have Chairman Zalak stated if this item is approved will the county be able to work with Mr Thompson from the community design standpoint Mr Thompson advised that they will agree to work with the county, on the clients behalf He shared a rendering on the overhead screens, which he noted is not specific to the subject site, but commented on the design (brick skirting, different sidings, awnings in front, and posts) giving it more of a country feel Chairman Zalak advised that staff will continue to work with Mr Thompson on further architectural standards, noting he can also help A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve the Zoning Change from B-4 to RAC, with the architectural standards as discussed, agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the proposed use is compatible with the 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 (5-0) 14C SU - TCVM, LTD, Co, Modification of a Special Use Permit in A-1, 40 Acres The Board considered a petition by TCVM, LTD CO (owner) / Stephen H Gray (applicant), 9700 West Highway 318, Reddick, FL, for a Modification to Special Use Permit SU, Articles 2 and 4, of the Marion County Land Development Code, for expansion of the CHI Institute to add a 20,000 square foot equine barn with arena, office, dormitory to house up to 50 students, school for maximum of 200 students, storage building, administration building, a zen garden and pavilion area in a 3 phase plan in a A- 1 (General Agriculture) zone on approximately 40 acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET 0 of 13 = 0% 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 of the requested 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 5 to 0, with Mr Bailey abstaining due to a conflict of interest Strategic Resources Project Manager Kevin Smith, Growth Services, commented on the Special Use Permit request to expand the Chi Institute of Chinese Medicine located on Highway 318, west of 1-75 The subject property has an A-1 zoning classification The Chi Institute is requesting an amended Special Use Permit in order to proceed with planned expansion of an educational center located on 40 acres The first Special Use Permit was approved in 2003 and subsequent permits have been approved that replaced prior permits The last Special Use Permit was approved on January 15, 2013 The major features of the proposed site plan includes a Phase 1 barn and equine area, a student dormitory in Phase 2, and a storage building, an administrative building, garden areas Page 670, Book W

43 and so forth in Phase 3 The proposal under this application will increase the student capacity from a maximum of 160 students to 200 students Staff received 1 letter of objection to this application that addressed concerns regarding the dormitory portion, which is included in the Agenda Packet The Growth Services Department staff and the P&Z Commission recommended approval of the Special Use Permit with the following Conditions 1 The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval 2 Access to the subject property shall be via Hwy Additional development of the Chi Institute may include up to three (3) Phases as follows Phase 1 - Barn and Equine Arena 20,000 SF, Office 8,000 SF Phase 2 - Student Dormitory 18,000 SF Phase 3 - Storage Building 11,000 SF, Administration Building 3,400 SF, Zen Garden & Pavilion 4 A Modified Type D Buffer (minimum 15' wide, minimum of 5 trees and 18 shrubs per 100 linear feet, and a minimum 6' high fence in lieu of a wall) shall be provided and maintained along the property's western boundary as indicated by the conceptual plan package 5 The maximum number of non-family member employees shall be fifty (50), with family member employees considered those persons meeting the definition of "immediate family" provided in LDC Section a(2), as amended 6 The maximum number of students shall be two hundred (200) 7 The hours of operation shall be Monday through Saturday, 9 00 a m to 5 30 pm and Sunday, 9 00 am to 1 00 pm 8 The existing vegetative buffer shall be maintained on the subject property 9 The existing fencing around the subject property shall be maintained 10 The applicant shall comply with all applicable health/safety codes and/or permitting requirements (e g, site, building, fire, change of use, driveway, etc) for the site and use modifications authorized with this Special Use Permit 11 The expansion or addition of structures to the subject property, increases in non-family employees, and increases in students are not permitted, however, a new Special Use Permit Application may be submitted for consideration for such expansions or additions 12 The Special Use Permit shall terminate upon the sale or transfer of the property to another person or entity not controlled by the applicant 13 The Special Use Permit is granted as an addition/expansion to Resolution Number 13-R-25 Steve Gray, NE 1st Avenue, attorney, representing the applicant was present Chairman Zalak commented on the original Special Use Permit and opined that it already had dormitories Mr Gray stated it did not have dormitories, noting at the last hearing in 2013 a Special Use Permit amended the prior permit He advised that the staffs summary of the application is on point, but noted this is a valuable asset to the county's equine industry Veterinary Practitioners come to this facility from all over the world on a regular basis to attend clinics and seminars presented by the Chi Institute The facility has been operating since 2003 without issue Mr Gray stated he would wait to further address the Book W, Page 671

44 Board after public comment, unless there are any questions Chairman Zalak opened the floor to public comment There being none, Chairman Zalak advised that public comment is now closed A motion was made by Commissioner Moore, seconded by Commissioner Gold, to adopt Resolution 17-R-193 granting the Special Use Permit with Conditions 1 through 13, 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 (5-0) 14C Z - Lorraine Morns, A-1 to R-E, 10 Acres The Board considered a petition by Lorraine Morns (owner) / Carlos Tobon (applicant), 7575 SW 77th Place, Ocala, FL, for a Zoning Change, Articles 2 and 4, of the Marion County Land Development Code, from A-1 (General Agriculture) to R-E (Residential Estate), on approximately 10 acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET 0 of 24 = 0% PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Bailey, seconded by Mr Gaekwad, to agree with staffs findings and recommendation, and recommend approval of the requested zoning change 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 0 Growth Services Director Martsolf advised that Items 14C4 and 14C5 will be addressed together He noted 14C4 is a rezoning request from A-1 to R-E and has a companion Special Use Permit (14C5) The property is located north of SR 200, near the SW 105th Street cut-off area, behind the residential subdivision of Hibiscus Park to the south The applicant wishes to subdivide the property, which has a low density residential land use designation that will permit the division to create a north and south half, with a flag access coming back off of SW 77th Place The applicant wishes to improve the south portion that she will keep with a modular building, and sell the north half The modular building is restricted to the R-E zoning classification The R-E zoning only permits horses for personal use and the companion Special Use Permit is to allow the applicant to keep the 5 donkeys Growth Services staff is supporting the requests as the subdivision between the property creates a transition between the larger agricultural lots and the smaller subdivision to the south It is restricted to the housing type, whereas agricultural is not The limit on the animals would not exist with the A-1 zoning, however, with the R-E and this Special Use Permit will limit those large animals For those reasons staff is recommending approval Notices were sent to 24 property owners and received no opposition in writing Chairman Zalak inquired as to why the Special Use Permit area would be up against the residential Mr Martsolf stated that is the south half that the applicant is keeping, noting one of the conditions of the permit is to keep the donkeys on the north half of the southern piece of property, which will maximize the distance He noted the applicant can have as many donkeys as she wants with the agricultural zoning Carlos Tobon, SW 27th Avenue, agent, representing the property owner, and Lorraine Morris, SW 77th Place, property owner, were present Mr Tobon stated his client's Page 672, Book W

45 intention is to minimize the size of her property When the property was purchased about 8 years ago, the owner had 8 horses, 80 chickens, 20 goats and the donkeys on the property The property is more than the owner can take of at this time and wishes to downsize by selling the northern portion He advised that his client will reside on the southern portion of the property with the 5 donkeys A Florida Department of Community Affairs (DCA) Manufactured Home will be installed on the subject site, which will meet the R-1 (Single Family Dwelling) Code Chairman Zalak opened the floor to public comment in regard to Items 14C4 and 14C5 There being none, Chairman Zalak advised that public comment is now closed A motion was made by Commissioner Moore, seconded by Commissioner Stone, to approve the Zoning Change from A-1 to R-E, agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the proposed use is compatible with the 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 (5-0) 14C SU - Lorraine Morns, Special Use Permit in R-E, 4 57 Acres The Board considered a petition by Lorraine Morns (owner) / Carlos Tobon (applicant), 7575 SW 77th Place, Ocala, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for keeping and breeding of donkeys in an R-E (Residential Estate) zone on approximately 4 57 acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET 0 of 24 = 0% PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Bailey, seconded by Mr Gaekwad, to agree with staffs findings and recommendation, and recommend approval of the requested 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 0 This item was addressed with Item 14C4 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 A maximum of five donkeys shall be kept on the subject property All foals shall remain on the subject property for no more than three months after birth 2 All donkeys shall be kept in the area near the paddocks shown on the site plan, at the rear of the newly created parcel and behind the proposed new DCA approved residential unit manufactured building 3 Improvements on the newly created parcel, pending approval of the rezoning request, shall follow the site plan submitted with the Special Use application 4 The pasture area shall be maintained using acceptable FDEP Best Management Practices to control denuded areas and excessive dust 5 Animal waste shall be removed from the subject property each week, unless it is spread or composted in accordance with accepted FDEP Best Management Practices Book W, Page 673

46 6 This Special Use Permit shall be in effect for the current property owner, Ms Lorraine Morns, and shall expire on June 20, 2020 Ms Morris may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future (Ed Note FDEP is the acronym for Florida Department of Environmental Protection ) In response to Chairman Zalak, Mr Martsolf read the Special Use Permit conditions into the record A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to adopt Resolution 17-R-194 granting the Special Use Permit with Conditions 1 through 6, 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 (5-0) 14C SU - Mohamed Seadick Haroon and Hizeean Yacoob, Special Use Permit in A-3, 2 98 Acres The Board considered a petition by Mohamed Seadick Haroon and Hizeean Yacoob (owners/applicants), SW 71st Court, Ocala, FL, for a Special Use Permit, Articles 1, 2 and 4, of the Marion County Land Development Code, for parking commercial vehicles (Two (2) dump trucks) in an A-3 (Residential Agricultural Estate) zone on 2 98 acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET 6 of 11 = 55% (Also, 6 people objected that were outside of the 300') PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen, seconded by Mr Gaekwad, to agree with staffs findings and recommendation, and recommend denial of the requested special use permit based on the following findings of fact 1 Will adversely affect the public interest 2 Is not consistent with the Marion County Comprehensive Plan 3 Is not compatible with the surrounding land uses The motion passed 6 to 0 Chairman Zalak advised that individuals have signed up to speak, noting the process is as follows Once staff gives an introduction the applicant will have an opportunity to tell the BCC about the project, the names will be called from the list of those who have signed up to speak, the light on the podium will go from green to red as your time expires, the applicant will then come up after public comment to address any questions from the Board Growth Services Director Martsolf commented on the Special Use Permit request to park 2 commercial vehicles (dump trucks) on the subject site, which is located in the SR 200 area off SW 103rd Street Road in the Rock Hollow Subdivision The Rock Hollow Subdivision is next to the subdivisions of Fox Run, which is next to Prince Rose, all of which are similar The subject site is almost 3 acres in size and the applicant wishes to park 2 commercial dump trucks Growth Services Department staff and the P&Z Commission recommended denial of the Special Use Permit If the Board grants the Special Use Permit, staff recommends the following Alternate Approval Conditions 1 The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval Page 674, Book W

47 2 The Special Use Permit is limited to a maximum of one (1) Dump Truck (VI N#1N KDX4EXOHJ or I N KDX4EX9GJ ) 3 Dump truck shall be in unloaded condition when brought onto property 4 Must comply with noise ordinance 5 No mechanical repairs/maintenance on the commercial vehicle shall take place on-site 6 The dump truck parking area shall be located in the North portion of the middle of the property as per site/concept plan 7 The ingress/egress of the dump trucks will be SW 71st CT via the existing concrete and asphalt milling drive way noted on site/concept plan that's in conjunction with parking area 8 The owner/operator of the commercial vehicle shall reside on-site 9 The Special Use Permit shall run with the owners (Haroon Mohamed Seadick & Yacoob Hizeean) and not the property 10 The Special Use Permit shall expire June 20, 2020 The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future Mr Martsolf noted the Alternate Approval Conditions limits the number of dump trucks to just one, due to the condition of the roads and the 2 vehicles constitutes a more intense use than normally seen with an owner/occupant in this type of subdivision He advised that the P&Z Commissioner also recommended denial and several people submitted letters of opposition, as well as a petition with approximately 9 signatures Mohamed Haroon, SW 71st Court, applicant, advised that he made an application for a Special Use Permit to park the 2 trucks for safety reasons, noting he has been on the property for the past 5 to 6 years without any problems The trucks are empty when on the property and no loads are being taken in or out of the subdivision Several residents were misled into thinking this will become an industrial area, which is not the case and has not been for the last 5 or 6 years, or in the future He stated this is his livelihood and he is asking for the Special Use Permit to protect his trucks Chairman Zalak opened the floor to public comment Carol Smith, SW 71st Court, presented a copy of a petition with 6 signatures in opposition of the Special Use Permit She stated this is nothing personal against the applicant, however, up to 4 dump trucks have been up and down the road and up to 3 trucks at a time have been parked on the property, maintenance is performed on the trucks, and tires are in the yard This may be convenient for the applicant, but not for other residents The trucks deteriorate the road, as well as affecting property values This is a residential farming community and respectfully requests that the Special Use Permit be denied Gordon Wallum, SW 71st Court (Rock Hollow), noted he could probably speak for all families who bought in this region because of the 3 acre farms, some of which have horses The basic reasons for purchasing in the subdivision was to watch our properties mature and become an asset He expressed concern with allowing this Special Use Permit and others following so that trucks are parked all over the subdivision Carol Morrissey, SW 71st Court, noted her property is within 300 feet of the subject property She noted the applicant had previously said the reason for parking the commercial vehicles at his personal residence in the Rock Hollow Subdivision was solely for his convenience, as he had another place to park the dump trucks Nothing has been mentioned or proven that this is a hardship case, nor does the request comply with the covenants of the Rock Hollow Subdivision She respectfully asked that the Special Use Book W, Page 675

48 Permit be declined Chairman Zalak advised that the BCC does not regulate Homeowner Associations (HOA), Covenants, etc, which is something that would have to be remedied through the court system The Board is only here to address the zoning, Special Use Permits, and those types of matters Ed Morrissey, SW 71st Court, stated he is opposed to granting the Special Use Permit, even with Conditions Some of the reasons for opposition are Rock Hollow is a very small 1 street subdivision with 22 lots fronting on SW 71st Court, which is only 2,900 feet long, proportionately, changing the land use of 1 lot is the same as changing 175 lots in Oak Run, or 500 lots in On Top of the World (OTOW), concern with setting a precedence, and the P&Z Commission, as well as staff recommended denial Granting the proposed Special Use Permit will adversely affect the public interest, is not compatible with land uses in the surrounding area, and is not consistent with the Comprehensive Plan SW 71st Court is a residential road and is not favorable to high gross weight vehicles The proposed Alternate Approval Conditions would do very Idle to protect the values, tranquility and use of Rock Hollow He urged the Board to deny the petition Julie Ren, SW 71st Court, advised that she lives directly next door to the applicant and supports the Special Use Permit The dump truck causes no more noise than any other vehicle In addition, the truck is empty and the applicant is only asking to park the truck just as anyone would park their vehicle when they go home at the end of the day Garbage trucks going up and down the street weigh more than the dump trucks, the applicant does not perform any significant maintenance on the trucks, but does check the oil She requested the Board to approve the Special Use Permit, noting a majority of neighbors on both SW 71st Court and SW 69th Court are in favor of this request It was noted for the record that the Deputy Clerk received a copy of a petition containing 4 signatures in support of the Special Use Permit and 1 letter advising that she originally signed the petition in opposition, but is now in support Terrance Crowder, SW 103rd Street Road (Fox Run Estates), noted he is a retired Fire Chief and operates a goat and horse farm, as well as travels back and forth Recently while out of town he arrived home at 2 00 a m to find a red placard on his door about his dog being tethered outside, which has been taken care of He commented on a complaint filed by neighbors against the applicant and has noticed an escalation of tensions going on and harassment Mr Crowder stated he has lived in the area for 8 years and the trucks cause no problems Josephus Bynum, Jr, SW 103rd Street Road, which is right at the beginning of Rock Hollow, where he has lived since 1996 when he retired from the Air Force He advised that he has been parking his truck on his property and was recently issued a citation, however, he supports the applicants Special Use Permit application Joe Borges, SW 71st Court (Rock Hollow), advised that he has been a resident for 17 years, noting the trucks being addressed here are big dump trucks Garbage trucks cannot be avoided, but heavy dump trucks will ruin the road and neighborhood He stated this is a residential area and requested the Special Use Permit be denied Chairman Zalak advised that public comment is now closed Mr Haroon commented on the roads and stated he hauled in 300 loads for the last house that was constructed He advised that the road was constructed about 35 to 40 years ago and nothing he did tore up the roads, noting the patches were there already 5 or 6 years ago Mr Haroon asked that the Board grant him a Special Use Permit until he can sell his house, as he feels he no longer fits in the neighborhood Chairman Zalak advised that a Special Use Permit does not change the zoning of a Page 676, Book W

49 property, but rather allows something that does not typically occur by law in a specific zoning realm The reason people get upset about their roads is because many times the Board enacts Municipal Service Taxing Units (MSTUs) and once residents pay for the roads to be paved they do not want to see it used for commercial uses Commissioner Stone inquired as to the number of trips per day the dump trucks make Mr Haroon stated the trucks go back and forth to work, just like any others, however, if he does not work during the week the truck just sits in the yard Commissioner Stone noted the applicant has 2 trucks and questioned the number of employees Mr Haroon stated there is only 1 employee, but noted he brings the second dump truck to park on the weekends Commissioner Gold noted the petition for approval states the request is for permission to park 1 dump truck Mr Haroon explained that 2 trucks park on weekends and only 1 will be parked during the week Commissioner Gold stated if the Alternate Approval Conditions of the Special Use Permit are approved, it is only for 1 dump truck Mr Haroon clarified that he originally requested 2 dump trucks and asked that the Board approve parking 2 dump trucks on the weekends General discussion ensued Commissioner Stone expressed concern with those who support the request were told there would only be 1 dump truck and if moving forward, she may be in favor of allowing only the 1 truck Mr Martsolf advised that the Alternate Approval Conditions includes only 1 dump truck, prohibits maintenance, requires it to be parked where shown, owner must reside on-site, runs with the owner, and expires on June 20, 2020 A motion was made by Commissioner Bryant, seconded by Commissioner Stone, to adopt a Resolution granting the Special Use Permit with Alternate Approval Conditions 1 through 10, disagreeing 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 Chairman Zalak stated he cannot support the motion as this is a residential area with MSTUs that will eventually occur It is not a rural road and is not out on a piece of property, but is in a subdivision The motion failed by a vote of 3 to 2, with Chairman Zalak, Commissioner Gold and Commissioner Moore voting nay In response to Chairman Zalak, Mr Martsolf stated the applicants will be given 90 days to remove the dump trucks 14C SU - Robert E Davis, Special Use Permit in R-1, 3 4 Acres The Board considered a petition by Robert E Davis and Kathleen Sweeney-Davis (owners/applicants), SW 60th Street, Dunnellon, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for parking of a commercial vehicle (truck and trailer) in a R-1 (Single Family Dwelling) zone on approximately 3 4 acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET 0 of 13 = 0% PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen, seconded by Mr Lourenco, to disagree with staffs findings and recommendation, and recommend approval of the requested special use permit based on the following findings of fact 1 Will not adversely affect the public interest Book W, Page 677

50 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses The motion (which included amending Condition #5 to include the tractor and trailer) passed 4 to 2, with Mr Lord and Mr Thompson dissenting Senior Planner Ken Weyrauch, Growth Services, commented on the Special Use Permit request to park a commercial vehicle in an R-1 zone on 3 4 acres and has a rural land use designation The parcel is located in Lake Tropicana Ranchettes, next to A-2 (Improved Agriculture) zoned property He referred to the aerial photo (as shown on the overhead screens), as well as the Concept Plan depicting the location of the truck and trailer The property is well buffered and nothing can really be seen from the street, however, the road is an active MSTU In speaking with MSTU staff, their concern was with the pivot of the truck and trailer There are no Special Use Permit requests within a 1 mile radius of this property Mr Weyrach shared additional photos of the subject property, including the apron, on the overhead screens He noted that Growth Services staff recommend denial, however, the P&Z Commission recommends approval of the Special Use Permit with the following Alternate Approval Conditions 1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval 2 The operator of the commercial vehicle shall reside onsite 3 This Special Use Permit shall run with the applicant (Robert Davis) and not the property 4 The Special Use Permit is limited to a maximum of one (1) commercial vehicle tractor and trailer (VIN #M1AW02Y7HM082769) 5 The parking/storage of a refrigerated trailer unit(s), or refer unit(s), is prohibited 6 No mechanical repairs/maintenance on the commercial vehicle shall take place on-site 7 The ingress/egress shall be from SW 60th Street Any driveway apron and/or other related improvements required by the Marion County Transportation Department, pursuant to this condition, shall be completed within ninety (90) days of notification that improvements must be made 8 The Special Use Permit shall expire on June 20, 2020 The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future Robert Davis and Kathy Davis, SW 60th Street, Dunnellon, applicants, were both present Mr Davis stated the truck and trailer is driven home every night from hauling powdered cement and leaves at different times in the morning Parking the empty truck on the property allows him to save money and time due to new e-logs, as well as wear and tear on the company vehicle The company is based out of Williston and saves the applicant about $200 in gas in his vehicle since his boss allows him to bring the truck home Parking the truck is also convenient for the applicant and the company Ms Davis advised that they have asked the next door neighbor if there was a problem, noting the neighbor was at the last hearing and gave her approval for the Special Use Permit Another truck was fined down the street for running the refer unit all night and as a result that individual decided to turn everyone else in who parked a commercial vehicle Before this there had never been a problem in the 3 years they have been parking the truck and trailer on the property Mr Davis advised that once the truck is parked, nothing is left running and no Page 678, Book W

51 maintenance is performed on the subject site Chairman Zalak opened the floor to public comment Tom Davis, SW 65th Loop, Dunnellon, noted he just purchased some property down the road from the subject site that has a home on almost 5 acres, which is a residential area and the road was recently repaved where each resident was assessed Commercial vehicles are restricted, except for deliveries, from both Highway 41 and Highway 40 He stated the commercial vehicle will cause wear and tear on the roads, nor will it enhance property values Chairman Zalak advised that public comment is now closed In response to Chairman Zalak, the applicants indicated that they have nothing further to add Commissioner Gold inquired as to whether or not the truck has a trailer Chairman Zalak noted the truck does have a trailer, as noted in the photograph, He commented on the MSTU roads that only have about 1-1/4-inch or 1-1/2-inch of pavement, and people pay an assessment for these roads, which is where he struggles A motion was made by Commissioner Stone, seconded by Commissioner Bryant, to deny the Special Use Permit, agreeing with Growth Services staff and disagreeing with the P&Z Commission recommendations, based on findings that the proposed use is not compatible with surrounding land uses, is not consistent with the Comprehensive Plan and will adversely affect the public interest Commissioner Stone clarified that her motion is only because of the existing MSTU The motion was unanimously approved by the Board (5-0) 14C SU - Brian Postlethwait, Special Use Permit in R-1, 1 05 Acres The Board considered a petition by Brian Postlethwait (owner/applicant), SW 62nd Place, Ocala, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for parking of a commercial vehicle (no trailer) in a R-1 (Single Family Dwelling) zone on approximately 1 05 acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET 0 of 24 = 0% PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad, seconded by Mr Colen, to disagree with staffs findings and recommendation, and recommend denial of the requested special use permit based on the following findings of fact 1 Will adversely affect the public interest 2 Is not consistent with the Marion County Comprehensive Plan 3 Is not compatible with the surrounding land uses The motion passed 6 to 0 Senior Planner Ken Weyrauch, Growth Services, commented on the Special Use Permit request to park a commercial vehicle, tractor only, on an R-1 zoned parcel containing 1 05 acres, which is located in the Rolling Hills of Ocala Subdivision The property has a rural land use designation The Concept Plan shows where the truck tractor is parked next to the house (as shown on the overhead screens) The tractor weights about 17,500 pounds and no Special Use Permits for parking of trucks have been requested within a 1 mile radius No written letters of objections were received by staff, however, objections were presented at the P&Z Commission meeting The MSTU was paid off in 2014 and in talking to the MSTU Department, they had no issue as there is no pivot without the trailer and the low number of trips going in and out The applicant is an over-the-road driver and is away over 200 days of the year The P&Z Commission recommends denial of the Book W, Page 679

52 Special Use Permit, however, Growth Services Department recommends approval with the following Conditions 1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval 2 The owner/operator of the commercial vehicle shall reside onsite 3 This Special Use Permit shall run with the applicant (Brian Postlethwait) and not the property 4 The Special Use Permit is limited to a maximum of one (1) commercial vehicle specifically a commercial tractor only (VIN #1XP5DB9X2XD468531) as indicated in the submitted application 5 The parking/storage of a refrigerated trailer unit(s), or refer unit(s), is prohibited 6 No mechanical repairs/maintenance on the commercial vehicle shall take place on-site 7 The ingress/egress shall be from SW 62nd Place The applicant may be required to stabilize the existing driveway if the private subdivision deems it necessary to continue use of SW 62nd Place Any driveway apron and/or other related improvements required by the Marion County Transportation Department, pursuant to this condition, shall be completed within ninety (90) days of notification that improvements must be made 8 The Special Use Permit shall expire on June 20, 2020 The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future In response to Commissioner Moore, Chairman Zalak advised that the regular 350 or 450 trucks weigh between 10,000 to 12,000 pounds Mr Weyrauch noted the latest Land Development Code (LDC) raised the weight limits from 10,000 to 16,000 pounds He shared several photographs on the overhead screens showing the apron, where the tractor will be parked, road, etc The Special Use Permit Conditions specify it is for the tractor only, no trailer Brian Postlethwait, SW 62nd Place, applicant, advised that he is gone over 200 days out of the year and is only coming onto the premises maybe once to twice per month and does not bring the tractor in loaded He expressed his respect for surrounding neighbors, noting those within 300 plus feet have signed letters acknowledging their approval Mr Postlethwait stated he and his wife would like to put a building in the back of the lot in the near future to park the tractor and close the door so that it is out of sight He noted he is aware of an objection about 1-1/2 miles down the road from him and advised that they will never see any debris, tires, maintenance or trashcan outside his house Chairman Zalak opened the floor to public comment Joseph Metivier, SW 51st Lane, noted he also owns property on SW 129th Terrace Road He stated a gentleman building a house across the street from him is also seeking the same type of permit, noting he is aware that another permit was denied in the same subdivision Chairman Zalak advised that the Board approves and/or denies Special Use Permits based on certain situations Mr Metivier stated he moved to Rolling Hills in 1991 and has since bought 3 parcels of property, noting his daughter also bought a house in the subdivision, his son has purchased land, and his sister and her husband retired and built a house in the subdivision, all because of the Deed restrictions He presented a 10 page handout outlining and expressing his concerns with declining property values, deterioration of roads, and safety Page 680, Book W

53 Ellen Metivier, SW 51st Lane, commented on the 3 additional lots that were purchased with the intention at some point of selling them for a profit While she may not live next to the applicant, those looking for lots to build a home on consider the neighborhood as a whole and those properties with commercial trucks parked on them are a deterrent Chairman Zalak advised that public comment is now closed Commissioner Moore noted he lives in the City of Ocala and one of his neighbors drives a tow truck for semi-tractors, which does not devalue their property A motion was made by Commissioner Moore, seconded by Commissioner Bryant, to adopt Resolution 17-R-195 granting the Special Use Permit with Conditions 1 through 7, as amended below, agreeing with Growth Services staff and disagreeing with 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 Commissioner Bryant stated this request is different, not only because there is no trailer, but the applicant is only there twice a month, as well as not having the daily wear and tear on the roads (Ed Note Condition No 7 was amended and Condition No 8 was combined with No 7 in the Resolution, as noted below ) CONDITION NO 7 The ingress/egress shall be from SW 62nd Place The Special Use Permit shall expire on June 20, 2020 The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future The motion was unanimously approved by the Board (5-0) 14C Z - Marion County, R-E to G-U, 2 49 Acres The Board considered a petition by Marion County (owner/applicant), 412 SE 25th Avenue, Ocala, FL Irish Acres, for a Zoning Change, Articles 2 and 4, of the Marion County Land Development Code, from R-E (Residential Estate) to G-U (Government Use), on approximately 2 49 acres, on Parcel Account No WRITTEN OPPOSITION WITHIN 1000 FEET 2 of 82 = 2% PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen, seconded by Mr Lord, to agree with staffs findings and recommendation, and recommend approval of the zoning change 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 5 to 0, with Mr Bailey abstaining due to a conflict of interest Strategic Resources Project Manager Kevin Smith, Growth Services, advised that Items 14C9 and 14C10 will be addressed together This application (Item 14C9) is by Marion County Utilities (MCU) for a zoning change from R-E to GU, and the companion Special Use Permit (Item 14C10) is for expansion of a wellfield facility in the Irish Acres Subdivision located on North US Highway 441 The proposal will add wells to the 2 4 acre site and move the existing water tank and provide for a water treatment facility, as well as add a water storage tank on the project site The proposal also includes a site plan, including a modified "B" Type Buffer, to be located on the south and west side of the subject property The wellfield facility was part of the original plat back in 2004, inclusive with the Developer's Agreement, which has been recorded Book W, Page 681

54 Commissioner Stone out at 3 15 p m Growth Services Department staff and the P&Z Commission recommends approval of the zoning change and Special Use Permit with Conditions, as submitted David Tillman, Tillman & Associates Engineering, LLC, SE 16th Avenue, representing the applicant, presented 3, 11-inch by 17-inch (11"x17") handouts (black & white), pages 1 and 2 are aerial photos and page 3 is the planting plan He stated he would keep his comments brief and will answer any questions that come up during public comment Some of the trees/plantings have been labeled on page 3 (handwritten in red ink), since the print at the bottom of the chart is too small to easily read The facility is located with access off of Highway 441 and has a secondary access into the community (page 1) There is not a huge number of homes already located in Irish Acres, however, this water plant was originally put in place to serve the subdivision and to be donated to the county to maintain Pages 2 and 3 show the addition of a building to house all of the pumps, chlorine contact units and put in an at-ground level storage tank (not an elevated storage tank) Commissioner Stone returned at 3 17 p m The facility will be landscaped as shown in the landscaping plan to buffer the site from the neighbors The site is not currently landscaped all the way around and there are some mature trees onsite that will have to be removed This regional improvement will also serve the community across the street with water service In response to Chairman Zalak, Mr Tillman stated you will continue to not see this from Highway 441 Chairman Zalak opened the floor to public comment in regard to Items 14C9 and 14C10 Renee Michel, West Highway 318, Citra, inquired as to who will pay for this if approved Chairman Zalak advised that MCU will pay for the improvements, noting not everybody is a customer of MCU If you have MCU then you pay a fee for water, sewer and services, those rate payers will pay for the improvements over time In response to Ms Michel, Chairman Zalak stated the rate payers are the people that this serves Mr Tillman clarified that Adena Springs, next door, contributed approximately $1 2 million towards this expansion and a lot of this has already been paid for by development that is adjacent, which is paid for through impact fees When a new house comes in and is built, they pay impact fees that go to MCU and is not taxation on people who are already there Ms Michel questioned why this is being heard if it is already paid for Commissioner Bryant advised that it is not about the cost, but about the BCC approving the project She noted the zoning has to be changed, as well as approving a Special Use Permit Chairman Zalak advised that public comment is now closed A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve the Zoning Change from R-E to GU, agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the proposed use is compatible with the 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 (5-0) 14C SU - Marion County, Special Use Permit in G-U, 2 49 Acres Marion County (owner/applicant), 412 SE 25th Avenue, Ocala, FL Irish Acres, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for expansion of wellfield in a G-U (Government Use) zone on approximately 2 49 acres of Parcel Account No Page 682, Book W

55 WRITTEN OPPOSITION WITHIN 1,000 FEET 2 of 82 = 2% PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen, seconded by Mr Lord, 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 5 to 0, with Mr Bailey abstaining due to a conflict of interest It was noted that both Growth Services Department staff and the P&Z Commission recommended approval of the Special Use Permit with the following Conditions 1 The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval 2 A 20 foot wide modified "B" type buffer shall be provided along the south and west boundaries consisting of a six foot high chain link fence instead of a wall This matter was addressed with Item 14C9 A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to adopt Resolution 17-R-196 granting the Special Use Permit with Conditions 1 and 2, 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 (5-0) Commissioner Bryant out at 3 21 p m 14C SU - Angela Benejam, Special Use Permit in A-1, Acres The Board considered a petition by Angela Benejam (owner/applicant), SW 45th Avenue, Ocala, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for a wedding venue in an A-1 (General Agriculture) zone on approximately acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET 1 of 10 = 10% PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Lord, seconded by Mr Gaekwad, to disagree with staffs findings and recommendation, and recommend denial of the requested special use permit based on the following findings of fact 1 Will adversely affect the public interest 2 Is not consistent with the Marion County Comprehensive Plan 3 Is not compatible with the surrounding land uses The motion passed 6 to 0 (Ed Note Staffs recommendation for approval was later changed to denial ) Growth Services Director Martsolf commented on the Special Use Permit request for a rustic wedding venue on a acre parcel of agricultural property Growth Services Department staff and the P&Z Commission recommends denial of the Special Use Permit If the Board grants the Special Use Permit, staff recommends the following Alternate Approval Conditions 1 The site shall be developed and operated consistent with the submitted conceptual plan and the conditions provided with this approval 2 Ingress and egress shall be via SW 125th Ave Book W, Page 683

56 3 The venue shall be limited to wedding ceremony only and shall only be conducted once a week between the hours of 8am and 11pm 4 All wedding activities shall take place in the completely enclosed building proposed on the concept plan and the county's noise ordinance shall be strictly enforced under the Plainly Audible provisions in Section 13 9 of the Code of Ordinances 5 A main residence shall be established and occupied within 1 year of the start of the wedding activity or the SUP shall be revoked 6 The event parking shall be limited to 25 vehicles on-site No parking shall be allowed in the Right Of Way 7 The Special Use Permit shall run with the owner (Angela Benejam) and not the property 8 The Special Use Permit is effective on the total acre site, and shall terminate if there is a division or subdivision of the properties 9 The Special Use Permit shall expire on June 20, 2022 The applicant may submit a new Special Use Permit Application for consideration to renew this permit in the future Mr Martsolf noted there was discussion during the P&Z Commission meeting as to when certain things would occur on that property, it was learned then that there was no plan to initially build a residence The wedding venue would be the primary use of the property until such time as it generated enough revenue to build a residence, which concerned staff in regard to compatibility Commissioner Bryant returned at 3 23 p m Traffic on SW 125th Avenue is another issue This was an easement that was created some time back and several divisions have occurred off of it that were not appropriate Most recently Paolo Mastroserio, Mastroserio Engineering, Inc, has done the engineering work for the road itself, preparing a preliminary plat and an improvement plan, but they have yet to plat this road so that permits can be issued A few outstanding issues remain that caused staff to reach the recommendation for denial Mr Martsolf noted staff provided Alternate Approval Conditions, to which they will want to add that access to this would have to complete the platting process before anything could occur In response to Chairman Zalak, Mr Martsolf stated the current zoning is A-1 and has a rural land use designation Chairman Zalak clarified that both staff and the P&Z Commission voted for denial Mr Martsolf stated that is correct Chairman Zalak asked if the P&Z Commission specified anything other than there is no residential home on the subject site Mr Martsolf stated the denial was due to the primary commercial use of the property Jimmy Gooding, SE 36th Avenue, attorney, representing the applicant, appeared and stated with him today is his client, Angela Benejam (owner/applicant), who will briefly explain her vision for this wedding venue, after which he will address the alternative conditions they have proposed that will address all but 1 of the concerns that resulted in staffs recommendation for denial, as well as the P&Z Commission recommendation He presented a 1 page document entitled, "County Conditions for 6/20/17 Meeting", which addressed the Alternate Approval Conditions Angela Benejam, SW 45th Avenue, applicant, stated it has been her dream to build a home on a beautiful property such as this, with amazing Oak trees, and be able to have horses To get to that point they would like to build a venue to host weddings and have an indoor facility so as not to cause noise and bother neighbors, which will be rustic in Page 684, Book W

57 look and resemble a barn in keeping with the neighborhood Mr Gooding stated he would give a little background, which will explain what the issues are here and why staff recommended denial He advised that before the P&Z Commission meeting staff recommended approval with conditions for this application Following issues that occurred at the P&Z Commission staffs recommendation was changed Commissioner Moore out at 3 26 p m Mr Gooding advised that he did not represent the applicant before the P&Z Commission hearing, but afterwards he met with the applicant and opined that the Conditions they have drawn up would have accomplished a different result and will hopefully result in something different here His client's proposal is to construct a rustic wedding venue and host weddings, which is permitted by a Special Use Permit, as are a number of more intense uses, such as public lodging establishments like condominiums, transient apartments, rooming houses, bed and breakfasts, etc The property, as can be seen on the overhead screens, is heavily treed The map, as shown earlier on the overhead screens, showed where the proposed improvements will be located At the P&Z Commission meeting the applicant was asked a series of questions, including whether the property will be used for non-wedding venues, which the applicant answered yes, not realizing the Pandora's Box that answer would open up He opined that is what changed the tenor at the P&Z Commission meeting There is also concern from 2 of the neighbors, one of which owns the property to the west at the intersection on Highway 40, which would obviously impact that property more than would a wedding venue here The other is a property owner to the south where there is a significant tree buffer and with the beefed up conditions as proposed by staff would suggest that those properties will be protected After the P&Z Commission meeting where staff changed their recommendation from approval to denial, they came up with these alternative conditions Mr Gooding stated he has further revised the Alternate Approval Conditions and referred to the handout with the redlined version showing the changes they are requesting to the staff conditions Commissioner Moore returned at 3 28 p m Mr Gooding noted the only condition he is not addressing is the requirement Mr Martsolf just explained about platting, as they had not heard of that until today He stated he does not know if his client controls enough land there to finish up that plat A plat has to be joined in by all of the property owners, which he believes will be a difficult obstacle for them to overcome Mr Gooding noted Mr Martsolf said he just learned about this today too, which is why there has been no prior discussion, but you will notice that Condition is not on here as it will be a killer for the project The main change, as shown on the redlined Conditions is that it is being limited to weddings (ceremonies and receptions), no retreats or any other commercial uses or non-agricultural residential uses of the property Weddings are limited to Friday, Saturday, and Sunday only, between the hours of 8 00 a m and p m Staff proposed that all wedding activities take place in the completely enclosed building, which he and his client have changed to the receptions Mr Gooding stated the wedding venue is a little different from any in Marion County, in that his client is engaging Chris Armstrong to build a $200,000 to $300,000 structure for the events to take place inside, however, she would like to have some weddings outside The weddings are not the big deal, as the potential problem for neighbors should be the receptions, with the music, dancing, and whatnot, all of which will take place inside, as proposed in Condition No 4 Staff also proposed requiring the main residence be constructed within 1 year, however, his client would like 2 years, because she is planning on funding the house with profits from the wedding venue Staff further proposed limiting Book W, Page 685

58 to 25 vehicles, but they are asking for 50 vehicles One of the most significant changes is the proposal by staff for the Special Use Permit to sunset in 2022, however, more than 5 years is needed but to build a structure of this size and amount, so they are asking for 10 years Mr Gooding opined that his client has agreed to the main concern that was an issue before the P&Z Commission, and that was what this property will be used for, which is weddings only The only thing that could generate noise will be inside the building and is addressed by the Plainly Audible provisions of the Noise Ordinance This will impact the surrounding properties less than most wedding venues the county has previously approved, particularly since any noise generating activity has to be inside that building He believes they have adequately addressed the concerns that resulted in denial from P&Z Commission and have hopefully proffered enough that the BCC will find this request acceptable and approve the Special Use Permit Chairman Zalak opened the floor to public comment Stephen Murty, SE 18th Avenue, attorney, representing property owners Gayle Woods, immediately to the south, Amy Tarrant, owner of Hardacre Farm directly west, whose entrance is located about where the plan is for the subject parcel, and the race track is almost adjacent to her land, as the property line across the street to where her horses are is about 100 feet, and Harold Queen, a thoroughbred farm owner, south of Ms Woods This originally came before the P&Z Commission as a rustic wedding venue for weekends only, which came up at the time as what it was really going to be, as there was a plan for Armstrong Homes to build what was not a barn, but is a 3,000 foot, $250,000 commercial facility for parties This project also had a bride's venue that was outside and away from the main building The applicant originally asked for 50 cars, which multiplied by people, results in about 100 to150 attendees The request originally was for weekends only A member of the P&Z Commission asked the applicant if she would host a venue for a commercial setting, such as a business meeting, to which the applicant said yes, they would do anything that makes them money because this is a commercial project Being a commercial project, the concerns at the P&Z Commission meeting by these farm owners in the thoroughbred horse community that have very expensive horses they own and train for other folks, and are geared around protecting those animals and their livelihood, particularly at night from lights, sounds/noises Multiplying the number of people by the number of events creates opportunities for a horse to be scared by headlights coming in and out, honking of horns, noises from vehicles, etc and scaring one horse will put any of these farms out of business This area has been a rural community and his clients have been here for years and years and had this venue been there when they started, they would not have moved here, due to the commercial use facility The idea that the commercial use would blend with horses was the P&Z Commissions problem, which was discussed Mr Murty stated pursuant to Florida State Statute (FS) any owner or person having custody is responsible, universally, for the damage that horse causes If one horse gets out, then his clients could be out of business He commented on talk about a rustic setting, which he opined is not a rustic setting, but rather a rustic façade that the applicant wants as a marketing tool The 50 cars are for guests and does not include catering staff and others who will come and go The request is incompatible as the venue is completely surrounded by commercial thoroughbred farms and training facilities This commercial setting, with a lot of people, parties, receptions, etc, none of which have been addressed in staff's conditions This proposal will adversely affect all of his clients who have been in Page 686, Book W

59 the community for some time in the thoroughbred business Chris Armstrong, SW 17th Street, advised that the applicants, Angela and Clyde Benejam are his brother-in-law and sister-in-law (Ms Benejam is his wife's sister), noting he is working with them to build their wedding venue He stated he sold the property to Mr Murty's clients and is very familiar with the properties, which are located off Highway 40 Mr Armstrong opined that if headlights is an issue, then there is a problem He stated he understands the concerns, but he does not agree and urged the Board to support the request Mark Queen, SW 26th Street, advised that he leases his property from his father, noting the property is located south of Ms Woods The reason he came today is because he runs a broodmare pen and has all of the babies, which is an attraction for people In response to Commissioner Stone, Mr Queen stated they do not breed on the property and advised that mares are sent out, but are in foal when they return Renee Michel, West Highway 318, Citra, expressed her support for those existing residents and noted she is opposed to the request Chairman Zalak advised that public comment is now closed In response to Commissioner Gold, Mr Gooding opined that alcohol will be served at the wedding venue Commissioner Gold commented on people going out into the community afterward He stated the traffic on Highway 40 is a busy area, which he opined cannot be regulated Mr Gooding advised that he recently went to a wedding and was surprised by the attention given to not drinking and driving He noted that now a day's people are conscious of what happens if they drink and drive Commissioner Gold opined that it is difficult to control people when they are drinking, which he hopes will be considered for the wedding venue Mr Gooding commented on a couple of issues, noting the argument about alcohol applies to a whole bunch of uses, including a lot of stuff that is out in the rural area, such as convenience stores He suspected more people are driving drunk buying that extra 12- pack at 1 00 a m than those leaving this wedding venue Chairman Zalak passed the gavel to Commissioner Bryant, who assumed the Chair Commissioner Zalak out at 3 44 p m Mr Gooding addressed the issues that the neighbors expressed concern about in reference to lights and noise, noting one of Mr Murty's clients is off Highway 40 and to get onto that piece of property traffic going southwest has to turn left onto SW 125th Avenue and unless they are turning their lights off when making that movement, there will be a lot more lights from vehicles that are already turning there than will be coming out of this wedding venue with the 50 parking spaces In addition, Highway 40 has much traffic and noise than could be generated by indoor wedding receptions and outdoor weddings He noted that poppers used at weddings are barely audible 50 feet away, although he agrees that cans tied to vehicles can be heard, but does not know if people still tie cans to vehicles The restriction limiting the number of vehicles to 50 vehicles on site also restricts the number of caterers and whatnot one can also have on the premises Commissioner Zalak returned at 3 46 p m Chairman Bryant returned the gavel to Commissioner Zalak, who resumed the Chair Mr Gooding commented on people petting horses He noted the wedding activities are taking place to the north, further from Ms Woods property, which does have a significant tree buffer Mr Gooding agreed with Mr Murty's comment that the conditions were drafted to get around the reason for the P&Z Commission's denial He advised that his client heard what the P&Z Commission said and concerns expressed, then wisely agreed Book W, Page 687

60 to conditions that addressed comments Mr Gooding stated he disagrees with the issues relating to lights and noise He opined that the Conditions will adequately protect the surrounding properties In response to Commissioner Gold, Mr Gooding advised that the applicant has owned the property since February of 2017 Commissioner Stone advised that she lives in the northwest section of Marion County where there are beautiful horse farms and can speak to this issue from a personal standpoint She noted she lives next door to Kimberton South Farm where approximately 15 acres are utilized for these types of outdoor events, not indoor events, and is also home to Trinity Catholic Equestrian Club, as well as the University of Florida (UF) Equestrian Club, they have no concerns about their horses being onsite where these types of venues occur Commissioner Stone stated she owns 10 acres next door and has no issues with these types of venues taking place Golden Ocala is within 2 miles of her home and every year when the fireworks from the 4th of July are set off none of the horses are taken out and does not appear to be an issue for these thoroughbreds She stated she does not personally have an issue with the request A motion was made by Commissioner Stone to adopt Resolution 17-R-197 granting the Special Use Permit with Alternate Approval Conditions 1 through 14, as amended (see below), disagreeing 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 In response to Commissioner Moore, Commissioner Stone stated she is agreeable to the conditions offered by Mr Gooding, but questioned extending to 10 years, which is not to say that the Special Use Permit would not be extended in 5 years if all goes well Commissioner Bryant inquired as to adding a condition for no fireworks Commissioner Stone agreed Chairman Zalak questioned the lighting and asked if there is a lighting plan for the venue Mr Armstrong stated the lighting would only be of concern for night receptions as people leave, noting the outdoor venue will occur during the day He stated a lighting plan can be put together Chairman Zalak opined that lighting should be addressed in the conditions Commissioner Stone stated the thoroughbred industry keeps the horses under light because it increases their ability to conceive, therefore, she does not see lighting as an issue Commissioner Bryant commented on lighting to protect surrounding properties Commissioner Stone agreed, noting the events are to p m only Commissioner Zalak inquired if the music will stop at p m Mr Gooding advised that it will be indoors Commissioner Zalak asked if the building will be built in such a way that it will transition people coming out, meaning, the sound will not penetrate outside as people are leaving Mr Gooding stated there will be an entry with transition room, downward directed lighting, no fireworks and then the only issue is duration Commissioner Bryant advised that she wants to make sure the applicant understands the Noise Ordinance Mr Gooding stated he has read and explained the Ordinance to his client Commissioner Bryant further noted the need for the applicant to understand this is for small weddings when there are only 50 parking spaces, which includes the caterer, the disc jockey (DJ), etc Mr Gooding stated they understand Commissioner Stone stated her motion stands with the additional comments Page 688, Book W

61 Commissioner Bryant inquired as to buffering Mr Martsolf advised that no buffer was proposed, noting everything is internal to the property In response to Commissioner Bryant, Mr Gooding stated they will maintain the existing vegetation to meet the buffer requirements for a Type "C" Buffer, noting the site is heavily treed, which his client intends to leave most of the trees Chairman Zalak noted the buffer is a Type "C" Buffer Commissioner Stone stated the 10 year expiration date is agreeable Chairman Zalak agreed, noting if there is a Code Enforcement violation it will come back before the Board for revocation Commissioner Bryant commented on the investment being made and cautioned the applicant that the Board has revoked Special Use Permits in the past Chairman Zalak advised that the biggest issues will be traffic, as to controlling people coming in and out, and noise He encouraged the applicant to capture the noise and keep it internal to this venue Commissioner Gold inquired as to a timeline as to the residence Chairman Zalak stated the applicant has 2 years to build the house Chairman Zalak commented on the issue with stopping these types of events in agricultural areas and opined that it is better to have a Special Use Permit in place with Conditions Commissioner Bryant noted an additional condition for the applicant or applicant's agent to be present at these events Chairman Zalak stated the Board will do this like others where the contact information is on file with the Zoning Director Commissioner Bryant opined that the conditions are good and will protect surrounding property owners as well as applicant, who understand the expectations The motion was seconded by Commissioner Bryant, with the conditions as addressed The motion was unanimously approved by the Board (5-0) Resolution 17-R-197 contains the following Conditions 1 The site shall be developed and operated consistent with the submitted conceptual plan and the conditions provided with this approval 2 Ingress and egress shall be via SW 125th Ave 3 The venue shall be limited to wedding ceremonies and receptions only, and shall only be conducted on Fridays, Saturdays or Sundays, between the hours of 8am and 11pm 4 All wedding receptions shall take place in the completely enclosed building proposed on the concept plan, and the county's noise ordinance shall be strictly enforced under the Plainly Audible provisions in Section 13 9 of the Code of Ordinances 5 A main residence shall be established and occupied within 2 years of the start of the wedding activity or the SUP shall be revoked 6 The event parking shall be limited to 50 vehicles on-site, including staff, catering and other support vehicles No parking shall be allowed in the Right of Way 7 No fireworks shall be used on the property 8 Lighting shall meet the requirements of Article 6, Division 19, Outdoor Lighting, including shielding, cutoff fixtures and be downward-directed so as to minimize stray light and impact on surrounding properties 9 The wedding venue structure shall include a "transition room" at the entrance (to hamper noise escaping from the interior when people enter and exit the building) Book W, Page 689

62 10 The applicant shall construct and maintain a "Type C" buffer along the boundaries of the property with adjacent properties (existing mature vegetation can be used to help accomplish the makeup of the buffer), pursuant to Section of the Marion County Land Development Code 11 The applicant or her agent shall be present on the property during all activities permitted by this Special Use Permit 12 The Special Use Permit shall run with the owner (Angela Benejam) and not the property 13 The Special Use Permit is effective on the total acre site, and shall terminate if there is a division or subdivision of the properties 14 The Special Use Permit shall expire on June 20, 2027 The applicant may submit a new Special Use Permit Application for consideration to renew this permit in the future Commissioner Bryant asked that the Chairman explain the agri-business legislation Chairman Zalak commented on the agri-business that State Legislation has strengthened even more, noting agri-tourism is where thousands of people drive down dirt roads that are not maintained and have no real ingress/egress, which the county has to allow Mr Martsolf stated the distinction between those is the Statutes, which are clear, even the revisions are clear, that those facilities have to be dual use and must be primarily used as barns or farm structures Commissioner Gold out at 4 00 p m Mr Martsolf noted several more are coming to the Board over the next few months, as they are becoming popular and are quiet extravagant Chairman Zalak commented on the wedding venue in Belleview where they do an excellent job He stated they know it works, but the right parameters are needed so as to live in existence with neighbors 14C Z - Chris Armstrong, A-1 to PUD, Acres The Board considered a petition by Community Bank of Florida (owner) /J David Tillman, PE / Chris Armstrong (applicants), 1415 SW 17th Street, Ocala, FL, for a Zoning Change, Articles 2 and 4, of the Marion County Land Development Code, from A-1 (General Agriculture) to PUD (Planned Unit Development) to establish a 107 unit site-built single family detached development on approximately acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET 0 of 37 = 0% PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Lord, seconded by Mr Lourenco, to agree with staffs findings and recommendation, and recommend approval of the requested zoning change with staffs developmental conditions including no access on 100th street 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 5 to 0, with Mr Bailey abstaining due to a conflict of interest Senior Planner Chris Rison, Growth Services, commented on the zoning change request from A-1 to PUD for the Community Bank of Florida the financial institution intends to convey ownership to Armstrong Homes The site is located off the SW 103rd Street Road area of SW 95th Street and SW 60th Avenue, and is actually on SW 100th Street Road, between Cherrywood Estates and Countryside Farm Estates subdivisions The site is Page 690, Book W

63 currently designated as Medium Density Residential and contains approximately 26 acres, where development of up to 107 dwelling units is allowed The property is currently zoned A-1 and the applicant is requesting a PUD rezoning for a single family detached villa type development product He referred to the aerial photo, as shown on the overhead screens, which shows this is an undeveloped agricultural type property and the 1 concern is the 30 foot hiatus type strip on the eastern boundary between this site and Cherrywood Estates, which resulted from some errors in deed conveyances that needs to be addressed by the owners and property developer, from staffs standpoint The applicants initial Conceptual Plan showed a project that would access SW 100th Street, which would require construction for their access points, as well as a series of development requirements that are somewhat consistent with the Cherrywood Estates project to the east and southeast of the subject site The site also abuts Cypress Point, which is a PUD that the Commission recently approved Part of that PUD approval was that the project would provide access to this site This project as proposed does not use that access and is using SW 100th Street, although the applicant has also made other alternative proposals that have been submitted and are included in the Agenda materials Growth Services Department staff is recommending approval with conditions requiring that the access to Cypress Point be provided for along with buffers that are identical to that (Cypress Point) project, however, these lots are slightly larger, but generally the same as the lots inside the Cypress Point development Chairman Zalak noted ingress/egress is from SW 100th Street Mr Rison concurred Commissioner Stone inquired as to driveways on SW 100th Street Mr Rison stated no driveways will be directly on SW 100th Street, but the main entry roads would end up falling to that roadway, noting a revision to that plan was submitted and should also be in the Agenda materials The revised plan shows access points on SW 100th Street, as well as the alternative buffer proposal for the west and south No buffers are proposed along the east side, as the proposal is for the 30 foot hiatus to remain, however, that becomes a no-man's land where the county will be ultimately called The hiatus was left out of a prior deed conveyance and is originally identified as a historic retaining easement for rights-of-way (ROW), utilities and other activities, but was not later conveyed It is unknown who owns the 30 foot strip, which may become a problem later on Chairman Zalak commented on the western border and asked if the whole wall will continue all the way through on the farm side Mr Rison stated that is what the plan shows David Tillman, Tillman & Associates Engineering, LLC, SE 16th Avenue, presented a 3 page handout (11x17) relating to Grand Oaks Conceptual Plans The main issue he would like to discuss that was brought up quite a few times in the P&Z Commission hearing is the access to the subject site The original Concept Plan was for access out to SW 100th Street, as the paving to that roadway ends close to the entryway of Cherrywood Commissioner Gold returned at 4 05 p m The proposal would extend that pavement all the way to the secondary entrance, of course one would be a primary entrance and the other would be secondary that could potentially be locked if so desired, however, there is necessarily no reason to close and lock that entrance Neighbors to the south on SW 64th Court made comment to not wanting through traffic and has no issue if the county wants the developer to block that at the end of those roadways that currently dead end into a dirt road Book W, Page 691

64 Mr Tillman referred to pages 2 and 3 of the handout addressed as Alternate 'A' and IV, respectively The alternates are connections that could potentially run through the adjacent drainage retention area (DRA) into Cherrywood and then a secondary access out to SW 100th Street for the emergency access point, or Alternate 'B' shows somewhat of the connection point directed to be made to Cypress Point to the north, which also connects into Cherrywood and the secondary access can be done at either SW 100th Street or into Cherrywood through the DRA, with the county granting access across that DRA One of the biggest reasons for wanting access out to SW 100th Street is because it accesses a public ROW that is adjacent to the site Cypress Point was told they need to grant a connection point down to the south, but they are not ready for construction, however, the owner of the proposed project is ready to start construction now The connection point to Cypress Point does not currently exist to make a connection, nor is there an easement or methodology for that to actually work out and make a connection to build all the way up to SW 95th Street The original connection to SW 100th Street is what they would like to have approval for and move forward with at this time Mr Tillman noted other conditions he wanted to go over, specifically, page 3 of the proposed criteria that talks about the existing Cherrywood Estates and adjacent buffer The proposal is for 60 foot lots and Cherrywood has 70 foot lots There are no lots except at the very bottom corner, which is a larger lot that is the same as the criteria of Cherrywood that abuts that development, which also has a 30 foot gap as mentioned earlier by Mr Rison Those easements were basically granted for access and utilities He opined there is no real need for a buffer between this development and Cherrywood because they are similar type uses, all of the lots primarily backup to their DRA and no houses are adjacent for the majority of that distance The other criteria Mr Tillman wanted to address is in the staff recommendations and requested Conditions 7, 8 and 9 be removed because they all deal with access and where that access occurs, but does not allow access to SW 100th Street Mr Tillman referred to Table 8 Grand Oaks PUD Required & Proposed Land Use Buffers (in the Agenda materials) and requested removal of the East Direction He stated they are fine with all of the criteria within the adjacent Countryside Farms buffer, which has been gone over multiple times Chairman Zalak inquired if they are going to continue to build the wall and put the landscape buffer on your side Mr Tillman concurred, but noted he does not see the necessity for the buffering if they are building a wall, but will not argue that point today Chairman Zalak inquired if the rest of the borders on the subject side will not be buffered Mr Tillman advised that SW 100th Street will be buffered with criteria as specified in Table 8, however, there will be no buffer to the north He noted if a buffer is put in to the north, it will be at their discretion to do so, as those lots to the north are 40 foot lots and are a more intense use than to the south Chairman Zalak stated the other subdivision will provide a buffer Mr Tillman concurred David MacKay, SW College Road, attorney, representing the applicant (Bank), which they obtained in a Deed in lieu of foreclosure that is now being sold He addressed the issue with access and stated that regardless of the PUD application of the property to the north, referred to as Cypress Point, it does not provide this property any legal right to cross that property to the north Frankly, it is kind of a landlocked piece of property without the access on a platted road that the county controls Furthermore, even if you look to that property to the north as the potential access, it will put all this traffic in a residential subdivision All of the driveways will be fronting on access roads heading north out of this Page 692, Book W

65 property through that subdivision Either that, or it will drive traffic east, which shows a connection through Cherrywood that will again put it in a residential neighborhood, while SW 100th Street was designed as a collector road No lots are fronting on SW 100th Street, between this property and SW 62nd Street Road, which goes north into SW 60th Avenue up to SR 200 Although there are several options for access, the best would be to connect to SW 100th Street as the access point to be used by residents With respect to Cypress Point, there is no timeline, however, a Conceptual Plan has been approved as a PUD, but no plans to start building The builder, Mr Chris Armstrong, is interested in proceeding now Mr MacKay stated they are trying to find a way to resolve this so that the project can proceed now Originally, this property [subject site] was deeded out from Kingsland and the Deed reserved that east 30 feet for future ROW/access He advised that they will continue to try and obtain rights to utilize and maintain the east 30 feet As long as there is no access coming through there an owner's association could take control of that 30 feet, which they would not object to being a requirement in the PUD When this particular property was sold out of Kingsland, the owner went back and sued Kingsland where a legal Right of Access was obtained, which goes over through Prince Rose Estate at SW 64th Court If access can be gained from a different point it will create a satisfaction of that Right of Access going out the other road In terms of access to the other 2 roads to the south (SW 65th Terrace and SW 64th Court), as shown on the Conceptual Plan, a design, engineering wise, that creates a swale along there and close off those roads with some kind of barricade The county has approved a barricade at the end of a road in other cases, which will prevent access through those subdivisions Mr MacKay encouraged the Board to look at this, noting it is basically a piece of property that presently has no other remedy for access other than SW 100th Street, otherwise, this property is going to sit unless the county desires to create some access through that drainage basin into the Cherrywood subdivision There is no access to the north until whatever time in the future that property may be developed, which the applicant has no way to control Chairman Zalak inquired as to the current capacity on SW 100th Street Mr MacKay stated he cannot answer that, but presently the only access between here and there is through the Cherrywood property, so it is only those local residents who use that road to get in and out Cherrywood also has alternate points of access out to SW 62nd Avenue Road Chairman Zalak noted the reason the county did that with the previous PUD was because it did not know what was going to happen to this land The best thing to do is to make sure there is access capability and opportunity Mr MacKay stated with that, there would be some requirements to prevent access to the south into those older subdivisions Chairman Zalak opened the floor to public comment Bonnie Clark, SW 59th Circle, presented a copy of a 4 page petition containing 59 signatures from Cherrywood property owners and addressing concerns in regard to the impact of SW 100th Street being accessed from SW 62nd Avenue to SW 80th Avenue and SR 200, as well as any access to Cherrywood, especially SW 59th Circle Chairman Zalak clarified that he does not see anything scheduling the widening of SW 100th Street Ms Clark stated that is what residents fear because that road does not support a lot of traffic Chairman Zalak reiterated that there are no plans to widen SW 100th Street, noting that that could occur 30 years from now, or by another commission Ms Clark stated residents would also like to see a 25 foot barrier and 6 foot stucco wall to create separation with Countryside Farms and the Cherrywood sides Chairman Zalak Book W, Page 693

66 inquired if there is a wall on any other sides of Cherrywood Estates Ms Clark stated there are none, but a barbed wire fence is there now, as well as a 3 foot spacing between the lot lines of Cherrywood to keep the cattle from running out Ms Clark addressed additional concerns with water restrictions, roads, vehicle accidents, and the impact on the 785 homes in Cherrywood Ed Pattillo, SW 59th Circle (Cherrywood), requested the Board to consider the possibility of widening SW 100th Street, which is a narrow road and probably does not meet the county's criteria for connecting streets from one major secondary road to another He also requested a traffic study be prepared addressing the potential impact of additional traffic leading out to SE 62nd Avenue or the other way Mr Pattillo noted he has seen no study providing traffic control, stop signs or stop lights along SW 100th Street to accommodate the additional traffic Lee Longfield, SW 99th Street, advised that she is speaking as a property owner and as President of Countryside Farms Association She noted the fence or buffer ends in the middle of a property owners lot and is asking that the fence proposed for Grand Oaks development be the same materials and substance as the boundary between Countryside Farms and Cypress Point Chairman Zalak stated whoever builds first will have to put the wall through that property, at least to the border line He noted the property owner will have to provide an easement Ms Longfield recalled that the discussion regarding Cypress Point was for a concrete block wall with a stucco surface and requested that still be the standard Chairman Zalak advised that the buffer will be the same all the way across the property Ms Longfield asked that access be worked out through Cypress Point rather than disturbing the other neighborhoods Chairman Zalak inquired if that is without having any access to SW 100th Street Ms Longfield commented on the road conditions of SW 100th Street, which is not meant for heavy traffic and stated access should be to the north Bob Marietta, SW 74th Avenue, advised that he has nothing to add, but agrees with the comments by Ms Longfield Marilyn Troglauer, SW 65th Terrace (Prince Rose), stated she hears about Countryside Farms and Cherrywood Estates, but the Board also needs to be cognizant of Prince Rose, which has 69 units on the tax rolls She commented on the road conditions and stated there should be no access into the Prince Rose neighborhood for the benefit of that development Fred O'Hern, SW 98th Loop (Cherrywood), expressed his concerns with traffic in the area, which he opined will be highly detrimental to the enjoyment and use by residents, noting his personal preference is access through SW 95th Street with emergency access off SW 100th Street He expressed an additional serious concern is with construction traffic going back and forth and suggested calming devices be used, such as 3-way stop signs Roxanne McClintic, SW 65" Terrace, noted the north side of her property overlooks all of this vacant land of the subject site She stated rather than providing facts she will speak to how life is currently in this area and opening up SW 100th Street as access to this development is highly out of the question Ms McClintic urged denial of the zoning change Clayton James, SW 65th Terrace, commented on an earlier discussion with a different group of Commissioners who made the decision that SW 100th Street would never be built and if anything had to be widened, it would be SW 103rd Street He stated if SW 100th Street is opened and traffic gets to SW 65th Terrace or SW 64th Court it will ruin the value of property and the community Mr James asked the Board to not open SW 100th Street, Page 694, Book W

67 as well as dead end SW 65th Terrace and SW 64th Court Commissioner Bryant asked if SW 64th Court and SW 65th Terrace are both dead end roads Mr James stated that is correct Sue Baldwin, SW 93rd Street Road (Countryside Farms), stated the property backing up to SW 100th Street will be highly impacted by any widening or opening of that road Richard Kleiss, SW 65th Terrace, advised that he agrees with comments already made He stated it will be devastating for the community if SW 100th Street is opened Deborah Kasper, SW 64th Court, stated she agrees with comments made and commented on the landlocked property Candace McGrath, SW 59th Circle (Cherrywood), asked that no access to Cherrywood be allowed for safety purposes Lisa Piscitelli, SW 93rd Street Road (Countryside Farms), stated she and husband recently purchased property in December of 2016 and stated using SW 100th Street as an access will not be able to accommodate what this new development will require Going through Cherrywood is also not acceptable Countryside Farms will be impacted in a negative way if SW 100th Street is widened She stated a 6 foot wall will not be adequate to buffer noise created by construction and increased traffic Ms Piscitelli stated the banks problem should not be their problem and suggested they figure out how to provide access through Cypress Point Donna Swank, SW 64th Court (Prince Rose), commented on SW 100th Street and stated this will be detrimental to every subdivision involved Commissioner Moore out at 4 47 p m She urged the Board to keep the integrity of their property and property values intact Chairman Zalak advised that public comment is now closed Mr Tillman stated this is not a landlocked piece of property Chairman Zalak questioned the legal access for this property Mr Tillman advised that SW 100th Street is a public ROW, noting the property is adjacent to a ROW to have access The only reason the property would be landlocked is because the Board decides to landlock the property by not allowing access to SW 100th Street Chairman Zalak cautioned the audience to be respectful Commissioner Moore returned at 4 49 p m Mr Tillman addressed comments in regard to the number of vehicles accessing SW 100th Street He stated they are talking about extending SW 100th Street, not widening it or turning it into a 4-lane section, or paving to SW 80th Avenue Discussions have been had with other developments over to the west, as to the fact that they are not going to make that connection or bring that road all the way through All they want to do is to connect that to the entryway, that short section of roadway to bring it over to where it comes to SW 65th Terrace In response to Chairman Zalak, Mr Tillman stated the 2 access points shown on the Concept Plan are SW 65th Terrace and SW 64th Court, noting one of the proposals was barricading off those 2 roads so that people are not making that route through He noted he understands their concerns because those access points line up directly with those ROWs Chairman Zalak stated everyone will go out SW 100th Street down to SW 62nd Avenue Mr Tillman concurred, noting if they were coming out that way they would be heading out further west or southwest on SR 200 if they came through that subdivision, however, the majority would be heading back towards town and head up to SW 95th Street out to SR 200 To prevent going through another subdivision altogether, the end of the roads should be barricaded and not make those connections so that people are making that route through SW 65th Terrace and SW 64th Court Book W, Page 695

68 Chairman Zalak once again cautioned the audience to be respectful Mr Tillman advised that the ROW for SW 100th Street has been in place since the majority of all these homes that have been built and there has never been anybody say that none of this roadway will ever get paved that was not paved at one point When Cherrywood was built SW 100th Street was improved and paved to the edge of this property line The short section of road they are asking for is just access to a piece of property that has legal access to SW 100th Street and the only reason not to have that access is because the Board would deny that access Mr Tillman requested that the zoning change be approved with access to SW 100th Street and will provide those barricades for SW 65th Terrace and SW 64th Court Chairman Zalak inquired if the access will be built on the ROW or on the subject property Mr Tillman stated it will be on the county's ROW and they will be granting additional ROW Chairman Zalak questioned whether the County Attorney agrees with the legal access question Mr Minter advised that the property has legal access, but does not agree to the extent that he is saying if the Board does not approve this request for rezoning would be denying access He opined that may not be what Mr Tillman is saying, but if he is, he disagrees Chairman Zalak stated Mr Tillman is saying the property will only be landlocked if the Board made them go through Cypress Point Mr Tillman concurred Commissioner Gold out at 4 54 p m Mr Tillman referred to the boundary of Cypress Point, noting there are only 2 lots that are adjacent to Cherrywood where a buffer was required He noted in this case there are no homes, except to the one to the very south that abuts a single residence (at the very bottom adjacent to SW 100th Street) Putting a block wall up along that area does not make sense, since a vinyl wall/fence was required to be installed to the north Nor is there a point to putting a vinyl wall adjacent to the DRA as there is a landscaped area with a considerable amount of separation between any lots, in excess of 100 feet of any lots, plus the existing 30 feet that is currently in place An additional landscape buffer should not be required there when talking almost identical type uses from one neighborhood to another Mr Tillman stated they understand the buffer against Countryside Farms and stated they intend on building the wall with the criteria there, but did ask if a pre-formed wall was acceptable rather than having a block mason come and build, block-by-block The wall would still have a stucco finish and match the same criteria as the wall to the north Chairman Zalak questioned whether the Cypress Point wall is block Mr Tillman stated the language did say block wall Chairman Zalak stated it will be the same Mr Tillman advised that you cannot tell the difference between a pre-formed stucco wall than a block wall, noting it only adds costs He stated he does not see any reason, as the pre-formed wall goes up faster and no one will be building in the backyard of neighbors, but if that is the only way it will be approved, so be it, however, he does not believe that is a reasonable methodology Commissioner Gold returned at 4 56 p m Chairman Zalak inquired as to buffering in regard to Prince Rose Mr Tillman advised that the Concept Plan proposes a Type "E" Buffer (5 foot buffer) along SW 100th Street, which will be a continuous hedge, as well as the tree requirement Chairman Zalak asked if there will be a berm in the front Mr Tillman stated a 2 to 3 foot berm could be added to the top and then landscaping Commissioner Bryant referred to the map in regard to access In response to Chairman Zalak, Mr Tillman stated the county typically requires a secondary emergency access Page 696, Book W

69 noting one access can be gated on SW 100th Street He clarified that the connection can be made to SW 65th Terrace, but fence and gate it, so that it is emergency access only, then they would only pave over to the very first entryway adjacent to SW 64th Court Mr Tillman noted the people in the community are concerned and pointed out that the only reason that would be accessed by the fire department is if the entryway further to the east (SW 64th Court) was blocked Commissioner Moore commented on flooding to the north and asked what will be done to address that issue Mr Tillman stated the criteria used on the county's mapping for flood areas is not necessarily entirely accurate, but advised that this will have to go through pool design, noting he has done some watershed studies and is an expert in that area If additional DRAs are required they will be put in as stormwater cannot be ignored Commissioner Bryant noted Mr Tillman knows her consternation In response to Commissioner Stone, Chairman Zalak stated the decision is whether or not to zone the property to PUD, and by doing that the Board can change some of the criteria for ingress/egress General discussion ensued Chairman Zalak noted the property has the land use, so something has to happen Commissioner Bryant concurred, and stated eventually this is going to happen She advised that the Board needs to make sure that whatever they do today is going to be in the best interest of the neighboring properties If this Board is going to lean to approving this it is her preference to see only 1 entrance and that would be at SW 64th Court going down to SW 100th Street, for the shortest distance so there is the least amount of impact on that area Commissioner Gold noted the other is for emergency access only Commissioner Stone stated if the Board approved the emergency access would it also require paving down to that entrance Commissioner Bryant stated she did not want to see that portion paved Commissioner Stone noted the pavement would stop at SW 64th Court Chairman Zalak stated SW 64th Terrace is for emergency access only Commissioner Bryant opined that the road would have to be paved, however, Chairman Zalak disagreed, noting they would only have to pave across Commissioner Stone stated if the Board wanted to close off Prince Rose Estates, because they already have dead-end signage, then barricade off SW 64th Court and SW 65th Terrace, and the main entrance into the proposed development would be on SW 64th Court, with a secondary emergency entrance that is directly across from SW 65th Terrace, which is already barricaded, would the road then have to be paved from SW 64th Court down to SW 65th Terrace? Mr Tillman stated they could stub out to Cypress Point to the north of their secondary access in the future, however, the subdivision would not have that until Cypress Point was built, but that would allow a secondary access point to the north in the future that could be gated Then when connecting to SW 64th Court that roadway can be turned making a turn right there to connect into SW 100th Street so that the road looks like a continuous road turning up north, with no connection to SW 64th Court and barricading as recommended by Commissioner Stone, as well as future access to the north Commissioner Bryant stated if providing future access to the north when Cypress Point is built out, because this Commission always had the intent of that access being through there, and when that access is provided could the entrance to SW 100th Street be shut off and completely closed? Mr Tillman stated that is a potential Chairman Zalak commented on the problem of changing the entrance, which he opined is not a good idea Book W, Page 697

70 In response to Chairman Zalak, Mr Rison advised that the current land use of the property is medium density for 4 dwelling units per acre (du/a) Commissioner Bryant stated if the Board is going to approve the request and talk about putting in barricades at SW 64th Court and SW 65th Terrace, then whatever is put there needs to be aesthetically pleasing Mr Tillman stated they could berm and then plant it, if that is the desire Chairman Zalak opined that is better Commissioner Stone questioned who would maintain the barrier Mr Tillman stated they could maintain it until established, noting typically once established with Florida Friendly plantings they should maintain themselves after that point Commissioner Bryant stated her opposition to the second entrance, as she does not want to affect the integrity of that road Chairman Zalak stated they are not doing a second entrance Commissioner Stone asked if the second barricade is needed if there is no secondary entrance Commissioner Bryant stated the barricade should not be needed as there will be no access All the Board needs to worry about is making sure that no traffic goes into SW 64th Court General discussion ensued Commissioner Stone clarified that nothing will take place at SW 65th Terrace Chairman Zalak stated nothing will change there as no one can go through SW 65th Terrace anyway In response to Chairman Zalak, Mr Tillman stated they are going to turn the road up so traffic cannot come down SW 65th Terrace and go on this dirt road either He stated if SW 65th Terrace becomes a problem in the future then they will come back and berm that as well Commissioner Bryant opined that it should not be a problem as there will be no pavement Chairman Zalak asked if staff had all the comments from the Board Mr Rison stated he is not completely sure, noting the Board has talked about the north and south access Chairman Zalak clarified that the north access at Cypress Point is going to be for emergency access only, the wall will stay the same on that buffer, the buffer along SW 100th Street is going to have a 2 to 3 foot berm with plantings, SW 64th Court will also have a berm with plantings, but a person walking will be able to navigate through, and SW 100th Street is only going to come in to just about the edge of SW 64th Court and will turn in and dead-end into the subdivision basically Mr Rison questioned the western access on SW 100th Street and asked if it is completely gone or allowed to be an emergency access Commissioner Bryant stated it is gone Mr, Rison addressed the eastern boundary where the 30 foot hiatus space is currently, noting if that can be resolved it would be beneficial from a county standpoint to get it back on the tax rolls and cleared up so as not to end up with a strange 30 foot wide strip of no man's land between this project and Cherrywood Chairman Zalak asked how staff wants to clear that up Mr Rison advised that the no man's land was created by the transactions of this property previously, noting there was an oversight in the Deeds The first Deed said the property was conveyed subject to an easement and the next Deed said the property was conveyed excluding the easement He stated there is nothing that staff can track or has seen that conveyed the ROW to anybody and particularly to the county The 30 foot space needs to be addressed because if it becomes this no man's land that no one is responsible for, but the county ends up being the entity everyone calls to take care of it when it becomes a problem Mr Rison stated these property owners are involved and are part of how that 30 foot hiatus was created, although they were not part of the original creation, they are part of the continuing issue and it should be their obligation to get that satisfied and settle the Page 698, Book W

71 issue The question here is should they match what is required at Cypress Point against Cherrywood or have no buffer as Mr Tillman is proposing Chairman Zalak inquired if there is a solution for the easement Mr Rison stated from a staff standpoint the recommendation is to have the easement solved so that it is finally eliminated and buffered like Cypress Point Mr Tillman opined that the easement is in the name of Tom Peterson and would be very difficult to clear up on their part He stated there is an easement that allows them access and for utilities, which he opined is the extent, however, they could maintain that as part of the homeowner's association (HOA) in perpetuity, based on the easements they have As far as being able to purchase the property and bringing into their name, that is not something he sees as occurring Mr Tillman opined that the easement was not something that was left out by accident, but was done intentionally In response to Chairman Zalak, Mr Minter agrees with what Mr Tillman just said, they do not have the fee title, but do have an easement over it and are willing to assume maintenance responsibility Chairman Zalak advised that the HOA will be liable for the maintenance Mr Rison opined that is an option, but the difficulty becomes if they stop caring for it they have no mechanisms against that HOA Chairman Zalak stated an MSTU will be put in place anyway and inquired if that was not automatically done now Mr Rison stated the current requirements automatically includes an MSTU, which can be done with this property Chairman Zalak directed staff to make the MSTU not only include the road, but the easement as well, so that if the land ever stops being taken care of the MSTU will automatically start A motion was made by Commissioner Gold, seconded by Commissioner Moore, to approve the Zoning Change from A-1 to PUD, agreeing with Growth Services staff and the P&Z Commission, along with the BCC recommendations, based on findings that the proposed use is compatible with the 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 (5-0) (Ed Note This matter was again addressed later in the meeting ) There was a recess at 5 16 p m The meeting resumed at 5 30 p m, with all members present 14C13 17-D05 - Golden Ocala Equestrian Land LLC, Rural Land and Low Residential to Medium Residential and Commercial, Acres (Transmittal Hearing) The Board considered transmittal of the Future Land Use Map (FLUM) Large Scale Comprehensive Plan Amendment by Golden Ocala PUD, Don R Deluca, Vice President (owners) / W James Gooding, Ill, Esquire (applicant), 7290 College Parkway, Suite 400, Fort Myers, FL, for a land use change of the Marion County Land Development Code, from Rural Land/Low Residential/Medium Residential to Low Residential/Medium Residential/Commercial, Future Land Use Element (FLUE) Text, FLUE Map Amendments, and a Developer's Proportionate Share Agreement, on approximately 1, acres of Parcel Account Nos , , , -03, -04, , , , , , , , , , , -02, , , -01, , , , , , , , , , , , , and , -01, -02 (17-D05) Book W, Page 699

72 PERCENT WRITTEN OPPOSITION WITHIN 300 FEET 0 of 104 = 0% PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Lord, seconded by Mr Gaekwad, to disagree with staff's findings and recommendation, and recommend approval of the requested land use change 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 4 to 1, with Mr Colen dissenting and Mr Bailey abstaining due to a conflict of interest Senior Planner Kim Dinkins, Growth Services, advised that the next 3 items (14C13, 14C14 and 14C15) are a combination of a land use amendment, a rezoning request and a Developer's Agreement Termination She noted 14C13 (17-D05) is a Development of Regional Impact (DRI) scale land use amendment, which includes multiple requests and the majority of the property is in the area located north of Highway 40, south of US Highway 27, east of NW 80th Avenue and west of NW 100th Avenue The Board will be looking at a future land use designation change for 953 acres of rural land to low residential and 45 2 acres, give or take, of medium density to commercial The request is also to remove the Urban Growth Boundary (UGB) west of the project and to move the Farmland Preservation Area designation on the project, There are also multiple Developer's Agreements and CPA requirements that need to be terminated if the project moves forward There will also be a Text Amendment in the Comprehensive Plan to address the entire Golden Ocala area Ms Dinkins noted with the 3 public hearings, this matter was first heard on May 31, 2017 before the P&Z Commission, who recommended transmittal to the state The BCC is hearing this again today to consider transmittal to the state review agencies If the Board approves the transmittal, the state will have July, August and portions of September to review and the BCC will hear this again in September of 2017 The Board will also hear a little bit about the request to rezone to PUD (Item 14C14), but will take no action on that today Ms Dinkins advised that the property is currently designated as Rural Lands and the applicant is looking to take that to Low Residential The eastern extremity of the project is currently Medium Residential and they are looking to take about 45 acres of that area to Commercial They are also requesting to move the existing UGB and Farmland Preservation Area west of the project Some development context the Golden Ocala is already a PUD with entitlements to 798 residential units and the applicant it asking for 924, within the Ocala Equestrian Estates PUD the 3 acre requirement gives them about 168 units and they are asking for about 168 units, the medium density residential, which is now encumbered with the World Equestrian Center has entitlements to about 1,472 units and they are asking for 1,175 units, some of which are proposed to be condominiums (condos) in the order of 835, and the Rural Land as it stands right now is at 950 acres, which is entitled to 95 units and the applicant is asking for Low Density, which will give them 950 units The applicant is asking for about 132 units within the area of the equestrian estates, which are all going to be 3 acres each The total residential request is for 2,399 units, but at this time without the amendment they are allotted approximately 2,533 Also, right now under that Golden Ocala PUD they have an allotment for 325,000 square feet (sf) of Commercial and the applicant is asking for Page 700, Book W

73 525,000 sf The applicant has 135 hotel rooms and are asking for 385, as well as a Recreational Vehicle (RV) park in the northern portion of the commercial proposal In March of 2017, the Board granted a Special Use Permit within the World Equestrian Center for 4 arenas and 8 barns The applicant is asking for some more intense uses of up to 17 barns, additional paddocks, schooling areas, parking, heliports, derby fields, restaurants and other retail areas within the World Equestrian Center Some of the other uses being requested would typically require a Special Use Permit if not going under the PUD, would be a private water system for fire flow and potentially for irrigation for the World Equestrian Center, a condominium and hotel height of 70 feet, which exceeds the Land Development Code (LDC) limitation of 50 feet, a clubhouse and banquet hall, the helipad, and large signage on Highway 27 To give the Board an idea of where these are located the Equestrian Estates to the west with about 29 acres of parking for equestrian vehicles, to the west of NW 100th Avenue the Golden Ocala PUD will continue to be residential Within the World Equestrian Center, some condominiums and hotels are collocated without specific locations at this time, as are Commercial areas, and single family residential units on 1/4 acre or 4 du/a are down in the southern area Ms Dinkins noted there are some staff concerns, which are mainly the intensity of uses in and around the World Equestrian Center and the associated traffic with that and the exists onto NW 100th Avenue that have been expressed before by the Board, but mainly on the NW 80th Avenue area Staff is also concerned about the proposal to use individual wells and septic tanks, as discussed before, it is not consistent with the Comprehensive Plan The proposal for the private water system with a number of unknowns in regard to limitations that are proposed At this time Growth Services Department staff is recommending denial mainly based on lack of information and concerns about the intensity of uses Staff is recommending denial of the Future Land Use Amendment and that UGB moving, again, just to not having enough information Staff does not see an issue with amending the Farmland Preservation Area because it gives the county a little bit more flexibility in working with the applicant to maybe do some clustering or determine where their natural areas are going to be so that it may make more sense to do some things they are not necessarily anticipating at this time If the Board should move to approve this Future Land Use Amendment staff would obviously recommend approval of the Text Policy to address it Some of staffs concerns in regard to traffic impacts for this intense use along NW 80th Avenue is due to the lack of information as to how those trips are going to be distributed throughout the community The applicant has proposed that this will result in about 46,518 additional trips for the project Looking at those intense uses on NW 80th Avenue and knowing this is proposed to be a gated community, staff can reasonably expect about 33,000 trips will be generated for those uses Staff does not feel that the applicant has met the requirements for the county's Comprehensive Plan to evaluate this DRI scale amendment As to water use within the urban area, the development would be required to connect to both water and sewer, however, within the rural area, the equestrian lots would be allowed to use wells without any sort of waivers of the LDC Ms Dinkins stated she would not belabor this too much, noting the Board had just addressed this with Wormser, but the county has water use data for Golden Ocala that it does not have for other areas When looking at water use planning for other areas staff Book W, Page 701

74 uses a planning number of 150 gallons per person, per day, however, for Golden Ocala staff knows they exceed the typical planning usage Staff is also concerned with fire safety in regard to fire flow, as they do not yet know the limits of that private water system that is being proposed Staff has requested, but has not yet received any commitment to provide additional water usage efficiency standards within the community Commissioner Moore commented on rural being allowed to use wells, but not in the urban areas even though it is the same piece of property Ms Dinkins stated that is correct, noting if they are in the rural area on rural lands wells are permitted, but if the land use is changed to low density residential then the Comprehensive Plan considers it an urban area where wells are not allowed Commissioner Moore inquired if the Board can make exceptions as these are 3 acre lots Ms Dinkins stated the Board can make exceptions and would because a new Policy is being created for this DRI that would go within the Comprehensive Plan and addressed in that way She advised that staff wanted to make sure the Board is aware that this is not what is typically allowed in the Comprehensive Plan Chairman Zalak opined that staff is talking about the landscape inside Golden Ocala requirements are for the Country Club and how they are going to apply that throughout the rest of the community, which may well be on bigger tracts of land and not having such an intense landscaping matrix for the rest of the community Ms Dinkins concurred, noting another concern staff has is that typically we see less overall water use in some of these larger acreage lots that are not completely irrigated With the hunter/jumper type community they are proposing, staff knows those are usually pretty intensely managed, but again, staff does not have enough information since normally they would see a water supply plan with a DRI scale project like this She stated these are some of the things that staff is concerned about, noting the tier rate structure and water conservation practices that are in place in Golden Ocala are not necessarily leading to lower water use Ms Dinkins commented on moving the UGB, which goes back to that same question of do you require central utilities or will you allow this inside the UGB on wells and septic tanks? It may be cleaner to allow it within the context of this overall development to move UGB to the west The applicant is also requesting to move the Farmland Preservation Area designation on these parcels The county's Farmland Preservation Area is basically created around where it has prime farmland soils based on the United States Department of Agriculture (USDA) classifications While the Farmland Preservation Area does not offer any specific protection to those areas it is based on where there are farm ready soils Ms Dinkins advised that staff has proposed the Text Amendment, which is based on what was originally proposed by the applicant, in addition to what they have proposed staff is asking for additional water conservation consideration on all of the property The Developer's Agreement for the current Golden Ocala PUD, plus the World Equestrian Center has a requirement for water conservation in it, so staff feels that it is appropriate Staff also has a lot of unknowns and feels it is appropriate to be community-wide Staff has come to an agreement with the applicant on the use of enhanced On-Site Sewage Treatment and Disposal Systems (OSTDS) The applicant agrees to use OSTDS when the passive systems become available, which means permit able Staff has also discussed with the applicant that maybe the Text Amendment is not the place to have this intensive of a requirement, that maybe it can be addressed in the PUD, as far as water conservation and septic tanks, but there needs to be some simple language in the Comprehensive Plan Text Amendment so that more details can be in the PUD stage Page 702, Book W

75 Ms Dinkins addressed the Developer's Agreements, which are listed in the document, noting one is with the Department of Community Affairs (DCA), which is now the Department of Economic Opportunity (DEO), the agreements in 2002 and 2005 are related to Golden Ocala, and the parcels that are now basically being encumbered by the World Equestrian Center were approved for land use amendments in 2005, not really adopted until 2011, but also in 2007 that limited those units to 2 du/a rather than 4 du/a one would think they had when looking at that medium density residential The Policy for the Wormser piece that the Board just approved last month required the 3 acre lots for the Equestrian Estates, which would also be going along with the request for the Future Land Use Amendment, should the BCC choose to transmit today Ms Dinkins reiterated that Growth Services staff recommends denial, but noted this could take the form of a continuance if the Board felt more information is warranted before deciding whether to transmit She stated this concludes the land use amendment portion and the next section is just going over the PUD plan so the Board can see what is being proposed, as already discussed Ms Dinkins summarized what is being requested, noting the map (as shown on the overhead screens) is the same for the PUD, and the World Equestrian Center as being proposed, but does not show the hotel, condominium style units and the retail area proposed along NW 80th Avenue Jimmy Gooding, SE 36th Avenue, attorney, representing the applicant was present and expressed his appreciation to staff for the analysis, for which they generally agree He presented a large rendering regarding the Golden Ocala Equestrian Center, a plat sized map of the Golden Ocala PUD Master Plan, and a 11 by 17 inch aerial photograph Mr Gooding referred to the land use map (shown on the overhead screens) and pointed out the existing Golden Ocala that is already entitled, as well as the property the county is showing this as rural, but in fact by virtue of the Wormser settlement, is already designated Low Residential, and everything else they are doing already has a medium residential land use He advised that what they are proposing to change the Rural to Low Residential, but the densities will be no less than 3 du/a and are adding some commercial, however, the underlying Medium Density Residential land use will be left as it is Mr Gooding noted they are really talking about 3 properties, the existing Golden Ocala, existing Medium Residential, and Rural and Low Residential all being made Low Residential He referred to the document shown on the overhead screens and advised that the only number they disagree with staff on is the number of units allowed under the existing Land Use designations, which he opined staff is undercounting the Wormser parcel since they did not show it as Low Residential yet, but staff may be saying that because it is limited to 3 acre lots that is all they can get Instead of the 2,533, based on our numbers, we believe we are entitled to 3,988 units, almost 4,000 units in the existing Medium Residential area, looking on the map This includes the Developer's Agreement on Golden Ocala that limits the density, but does not include 2 of the Agreements that staff referred to along NW 80th Avenue, which are the Boone and Castro parcels that were approved a number of years ago and were supposed to have signed Developer's Agreements, but never did He stated they did not know about them, but recognize that because of that issue, they have to get rid of them None the less, when looking at the land use map you see they are entitled to 4,000 units, however, staff thinks it is closer to 2,500 Chairman Zalak questioned how they came up with those numbers Mr Gooding referred to page 5 of the support materials that were handed out, noting the Board will have to look at the digital version Book W, Page 703

76 In response to Chairman Zalak, Mr Gooding noted what was medium stayed medium and what is low stayed low on the Wormser parcel, but the densities were capped there and the lot sizes were increased to a minimum of 3 acres per unit as an accommodation Chairman Zalak stated the capacity is already gone from that property Mr Gooding stated you could argue that, but looking at it from a map perspective it is not, and even if you look at the county numbers you see we are going down in residential units from the county allowed number of 2,533 to a request of 2,399 He opined that the increase is more dramatic than that, and referred to the support materials, which contains a chart showing exactly how they came up with those numbers, and particularly with the Boone and Castro parcels, as they did not know of the restrictions because the Developer's Agreements were never executed Regardless, even without this dispute on numbers, we are still showing a reduction in residential units from what was allowed on the map, even limited by the Text Policies The project and the only issues that we are really disagreeing with staff on other than the number of units are the adequacy of the traffic analysis, as well as the water and sewer issue Mr Gooding stated Mr Tillman will address the traffic issue and he will address the water and sewer, but first will put the project in perspective This is going to be a unique project in Marion County The World Equestrian Center has already been approved for Phase 1 by a Special Use Permit Even though part of it has already been approved, the traffic analysis considers all of it as new, so nothing is being undercounting He noted when they came to the Board on the Wormser property it was stated that they foresaw something like Wellington and in fact, this could be even nicer Because of the additional equestrian facilities that are being built and the related infrastructure Mr Gooding presented a 2 handout entitled, "RLR Water-Sewer Alternatives", regarding the water and sewer As staff has pointed out they would like to have well and septic in the low residential lots, which is already allowed on another portion of the Wormser parcel for the Text Amendment, but they are proposing additional restrictions Staff is correct, in that typically in the urban area you would have central water and sewer, but as Commissioner Moore pointed out if this was a rural area with 2 acre lots, they could have wells The problem is that they are kind of betwixt and between and needs to be urban to go above the 10 acre per unit threshold that is in the rural designation and the next most least intense development is low, so we have to go to low on the portion in yellow (on the map shown on the overhead screens), but then cap it with the Text Policy, just like was done on the Wormser parcel to save the lots for a minimum of 3 acres in size The property will be an urban land use category, but the densities do not fit within the urban classification, as they are bigger than the typical small lot size The reason for putting in well and septic is because of the size of these lots it is not economically feasible to run a water and sewer system, as the tracts are being platted and developed as 3 acre lots The goal is to sell multiples of these to large users willing to be near the equestrian facility and combine lots In any event, it is economics that is driving that condition Mr Gooding referred to the handout, noting the top is the water language and is the language staff had in their P&Z recommendation, which is unchanged to there, however, they are suggesting that the Text Policy require this to be dealt with in the PUD, as well as in the community covenants and restrictions (CCRs) Staff has identified 2 standards that they are not 1) Appendix "F" of the Florida Plumbing Code, and 2) Water Star program, both of which require things that would not be included in a community of this quality with small, minimum 1 showerhead per bath, etc, but they are willing to incorporate conservation techniques into their CCRs pursuant to PUD requirement The Page 704, Book W

77 serious issue is on sewer, the language copied here is from the P&Z staff recommendation and the language today is a little different as they were going to make them reduce the nitrogen to 10 milligrams (mg), but the language is now similar to what they have on passive septic systems He opined that their language is better because the Text Policy is going to require that the PUD deal with the total nitrogen and the PUD condition requires the use of nitrogen reduction in 2 situations 1) if the state or county require it, and 2) is similar to the staff condition, which says if the Department of Health (DOH) approves, not mandates, passive enhanced nitrogen reduction system that do not require a separate engineering approval they will have to utilize the passive or active system The reason they want to still be able to use the active system, if the passive is approved, is because they do not want to be captive to one product Mr Gooding stated the language is Wormser plus an addition that if the state approves the passive systems they then have to start using them The main problem with Wormser is the active system, as they did not work, are expensive and each has to be engineered separately, as well as require extensive maintenance and 30% of people cut them off according to the Alachua County report, but with this language, if the state heads towards the passive system it will be a system that could work and they are willing to subject themselves to that requirement Chairman Zalak noted the only problem is that it does not mean they may not have to engineer 1 or 2 of those depending on soil types Mr Gooding advised that it does not require separate engineering approval, which means you have to redesign each system every time Chairman Zalak stated it is going to be a formulation of the DOH, not the BCC Mr Gooding concurred, but opined they are going to deal with that on the septic tank level and hopefully, not on an engineering level He stated the problem is not, with all due respect to the engineers we have here, or that the septic people cannot build these things, it is with the active systems with all the machinery and whatnot a civil engineer is needed to design each system It is hoped that what the state adopts is a passive system, as they do not have the machinery, but instead have a medium down in the bottom that reduces the nitrogen in the waste Chairman Zalak noted that every set of plans that you build a house on has an engineer Mr Gooding disagreed, stating there is a building contractor, noting someone has to pull a DOH permit for a septic tank Mr Tillman interjected that ironically, his house plans were not certified by an engineer or architect, noting as long as the criteria of the Florida Building Code is met drawings can be turned in that are not necessarily stamped by either an engineer or architect Mr Gooding opined that a commercial site plan probably needs an engineer He clarified that they are only talking about the 3 acre lots, noting everything else has central water and sewer, the World Equestrian Center, Medium Residential, the condos, and everything else has central water and sewer Mr Gooding suggested this is a good alternative to what was originally proposed, it is more strenuous than what is being done on Wormser, it is also something the state is likely to lead toward, and will apply to all of the equestrian estate lots In response to Chairman Zalak, Mr Gooding stated if the Board says it will also apply to Wormser, it will Chairman Zalak stated it will Mr Gooding stated it is up to the Board, noting they are throwing their whole property into this DRI type project Mr Gooding recalled that the only map amendments is the area turning Rural to Low Density and the small pieces of Commercial going to Medium Residential The applicant is proposing, because this is the old DRI level thing with the state comprehensive review, that we would end up adopting what is like a Map "H", which is in the Comprehensive Book W, Page 705

78 Plan for the old DRIs that does have the entire project in it, and the conditions, as well as the Text Policy will deal with all of them In any event, this is a unique project and will be a real contribution to Marion County, particularly with the World Equestrian Center and the surrounding compatible uses David Tillman, Tillman & Associates Engineering, LLC, SE 16th Avenue, addressed the maps that were handed out earlier He noted the larger (plat sized) plan is the overall PUD as it was submitted The World Equestrian Center is a little bit shaded back because some of the uses were not completely laid out and finalized The smaller map is what was finalized yesterday, however, some of the pieces and parts are moving a little bit, but the movement is still fairly internalized Any changes made will not be detrimental to anybody outside of this property Mr Tillman pointed out that when the commercial area was originally submitted out to the front Commissioner Bryant asked if a copy of the plan is available to share on the overhead screens Mr Tillman advised that it is not, as it was only finalized yesterday In response to objections voiced from the audience, Mr Gooding stated the Board is not being asked to approve this plan today, noting it will be continued to August or September, 2017 Chairman Zalak stated the only thing the Board is looking for is transmittal to the state today, noting no decisions are being made in regard to what it will actually look like and some of those other pieces that will be brought back at a future date He asked the audience to refrain and respect those speaking Mr Tillman advised that a copy of the maps were provided to the Deputy Clerk, therefore it is now public record and anyone may have access Mr Tillman noted one of the concerns was the hotel since they asked for a significant height and the concern was having that right out on NW 80th Avenue All the feedback received was because no one wanted to see that hotel directly on NW 80th Avenue The first concept was to put the hotel directly behind arenas, but the planning staff at Golden Ocala has moved that even further back behind the Rolex Ring, which is further west and internalized on the property and away from neighbors One of the better design options is to continue to move that back so that the height (looking from 80th) is pushed back to the center of the facility He stated that is the primary change as seen on this plan that is different from what was originally submitted with the layout Mr Tillman noted that when talking about condos in the original submittal, what was out there on NW 80th Avenue would only be limited to 2 story, then step up to 3 story and potentially 4 further into the back, inside the facility He opined that those height restrictions are of concern for the view from NW 80th Avenue, as well as the people across the street, and is something that gradually steps up The buffer on front of NW 80th Avenue does soften that impact so that it is not seen or a very intense commercial development facing the edge of the roadway Mr Tillman stated the step up approach gives that buffer and lessens the impact seen from the roadway Mr Tillman advised that one of the things the Board would hear repeatedly is traffic, as it was the issue and complaints brought up, as well as being seen in the newspaper Two types of traffic studies are being done for this development, the first one that has to be done for the CPA, separate from the PUD, which has another The Comprehensive Plan analysis looks at the difference in between the intensity of the traffic counts for what exists for the land uses that are in place today (existing future land use) versus the proposed future land use The proposed future land use versus the existing land use has less traffic trips, therefore, the traffic study that is being sent to DEO says there is no traffic impact, Page 706, Book W

79 because the number of trips is being reduced by reducing the number of homes and using the land uses in the Medium Density and Low Density for other uses that are limited to the 3 units per acre and such, or being used in the Commercial with limited amounts of commercial square footage The traffic count for that analysis is a net negative number, the traffic impact analysis that you are seeing that was submitted for this is very minimal, and just says we do not have a traffic impact The PUD analysis that is being done, the methodology has been submitted to staff for review, analyzes multiple segments of roads and a multitude of intersections This one is the one where you look at and analyze the project proposing to be constructed At that point you look at every single trip that you are creating by the project Mr Tillman stated they are in the process of completing the PUD analysis, which will be complete prior to the approval the PUD, when transmittal of the land use comes back The PUD is being heard today because it is an integral part of what the Board will be approving as a land use to see all of the intent The transportation study is a complicated process, as a multitude of intersections are being analyzed as well as roadway segments throughout and is not yet complete The process also has to be approved by the county, as to what intersections and roadways will be studied He opined that it has been narrowed down to just a couple of comments and they will be moving forward with that traffic study The traffic study will be completed when they come back for the actual PUD and land use approval to show what has to be done at certain intersections and roadways Mr Tillman advised that a quick look was taken for the numbers on NW 80th Avenue and with the trips the World Equestrian Center would produce an immediate need to widen the road, as the numbers do not warrant it at this point in time The analysis will be done over a 20 year period and when they start to look at background growth then the potential does exist to get close to that threshold Looking at the trip numbers at a Level of Service (LOS) D for NW 80th Avenue will not warrant widening with the inclusion of this project Chairman Zalak asked if the road is at a LOS D currently Mr Tillman stated the LOS is established that tells you what your traffic numbers are allowed before you step outside of it needing an improvement Chairman Zalak questioned the LOS NW 80th Avenue is operating at today Mr Gooding stated the LOS is D, but is operating at C Mr Tillman stated it is for the number of trips on the roadway itself, not the intersections Chairman Zalak inquired as to how that will impact the intersections Mr Tillman stated he sees intersection improvements being required Mr Gooding addressed 2 more points on traffic, noting one is that it is important to remember that the equestrian facility cannot be opened until a traffic study is approved for it, which is a Special Use Permit Condition and one they know has to be met He stated they are doing it as diligently and quickly as possible The second point as Mr Tillman pointed out, is that the PUD traffic study is going to be much more detailed and will also focus on an issue to keep in mind here, and that is that the World Equestrian Center traffic is going to occur throughout the day He opined that the Board will hear a lot about fireworks, but it will not be like fireworks or a football game where everyone comes and leaves at a particular time These types of equestrian events are staggered throughout the day, but they are required to determine the peak hour for the events and consider that impact on these intersections Mr Gooding stated he does not expect for there to be no transportation improvements needed All they are saying is based on the limited map amendments that are being requested today to be transmitted, that it is believed that all of the analysis that is needed, which shows a net reduction, however, a full traffic study will have been prepared by the time this comes back from the state for the BCC to vote Book W, Page 707

80 on whether or not to approve the project This is not all the county will get, but what has been provided so far is sufficient Chairman Zalak opened the floor to public comment Lee Longfield, SW 99th Street, and Bob Marietta, SW 74th Avenue, did not appear when called to speak William Alsweyer, NW Highway 225, Reddick, asked Commissioners to go back and think about promises made He commented on the increased density, traffic, the Farmland Preservation Area, and jobs In response to Mr Alsweyer, Chairman Zalak advised that FedEx and Chewy corn are adding jobs Mr Alsweyer noted it is not in the Farmland Preservation Area He stated the County Attorney advised that the Board has wide discretion, which is true, as well as responsibility and the need to understand what their promise was to those who bought farmland Commissioner Bryant commented on what the Commission just went through in Tallahassee in the last Session Denise Evans, NW 8th Place, commented on the ladies professional golf tournament, which was on international television with top rated athletes only to have a 3 year contract unfulfilled She cautioned the Board to not be fooled when the term equine is used in this project as there is a lot more to this story, like housing developments with homes on 1/4 acre lots, hotels, restaurants, and condos, what the neighbors get is increased traffic, trash, and noise Ms Evans opined that this project is more about expanding the Golden Ocala development than the World Equestrian Center Carl Wagner, NW 10th Street, commented on the proposal by the applicant to move the ingress/egress beyond Highway 27 and SR 40, which would not only be in the best interest of land and home owners in the area, but will also benefit Marion County as it places the responsibility to build, upgrade and maintain the roadways from the county to the developer He expressed his opposition and urged the Board to deny the request Burt Stephens, NW 75th Terrace, advised that he has no objection per se, to the World Equestrian Center, but is concerned with access to the center and opined that not many people are directly impacted He commented on concurrence, adequate LOS, capacity, and the need for a traffic study Mr Stephens expressed concern with safety issues on 2-lane roads, noting the analysis has no assessment of NW 21st Street and requested the Board to delay sending this forward to the state Commissioner Moore out at 6 24 p m Monica Schneider, NW 14th Street, noted she has an equestrian background and participated in equestrian events in the past She expressed her concern and disappointment with the changes to the Golden Ocala PUD Master Plan in the proposal of a commercial strip on NW 80th Avenue, which will have a negative impact on neighboring communities from increased noise, glaring lights, traffic congestion and disregard in maintaining a compatible appearance Ms Schneider stated there are more sensible options, noting all commercial hotels need to be developed on Highway 27 or SR 40 with a main ingress/egress on those 2 highways is logical She further commented on the height of 70 feet, which needs to be lowered, and requested a natural barrier/berm be established on NW 80th Avenue in front of the development at a height to obscure unsightly views, act as a sound buffer and enhance the appearance of the rural canopied road Commissioner Moore returned at 6 27 p m In response to Ms Schneider, Chairman Zalak stated if this is transmitted they will have a chance to address the particulars when the PUD or DRI as a whole development comes Page 708, Book W

81 back, as the applicant will have to bring back more information Ms Schneider advised that she is leaning toward denial Nancy Wagner, NW 10th Street (Derby Farms), advised that she concurs with those who have spoken before her regarding this project She expressed concern with increased traffic on SW 80th Avenue and emergency services not being able to get to people who desperately need them in a timely fashion Dave Welty, NW 21st Street, advised that he is not opposed to the project, however, this expansion has drastically increased the amount of commercial square footage, which will affect the road where he resides He commented on the road conditions and recommended a traffic study, as well as an assessment of the road condition be conducted on NW 21st Street before moving forward Peter Bowers, NW 21st Street, stated the equestrian center is a good concept and is certainly a significant enhancement for the Horse Capital of the World, but it uses a fatally flawed transportation plan and relies exclusively upon NW 80th Avenue, which is a rural roadway with many flaws, as well as NW 21st Street that is a substandard local street with a perpetually failing surface He commented on traffic flow, which he opined will overwhelm the capacity of NW 80th Avenue and NW 21st Street Mr Bowers stated the solution is for the developer to commit to the north/south collector roadway that is on the Master Plan map, running along the UGB between US Highway 27 and SR 40, which will provide the access to the equestrian center that is needed and make the use of NW 80th Avenue and NW 21st Street unnecessary, until mitigation can be done on those roadways The north/south collector project can be done immediately as the land belongs to the applicant, there is no dislocation of local traffic and can be built to the best standards The plan should not be approved or moved forward until the applicant commits to the alternate roadway Myna McCown, NW 8th Lane, expressed concern with having an exit on NW 95th Avenue or NW 100th Avenue and asked that the applicant explain their intention She inquired as to the amount of crime that will occur, noting she has no problem with horses or the equine center, however, she does have a problem with the commercial area Dale Kennedy, NW 14th Street, presented a map (with notes) regarding the Golden Ocala Master Plan, expressed concern with the impact on medical services, and noted NW 80th Avenue is only 60 feet wide and does not believe that it can be widened Richard Cambre, NW 10th Street, urged the Board to not transmit this to the state at this time as it is not ready, noting he objects to the applicant's representatives handing out packets at the last minute that the Board does not have time to look at and review, as it is not fair to the BCC or the public Deborah Elliott, NE 21st Street, noted she owns a 50 acre farm that has been in her family for almost 60 years and to change the quality of the neighborhood, increase traffic and give up farmland will be detrimental She requested this not be transmitted to the state Bruce McCown, NW 8th Lane, advised that a lot has been heard about NW 80th Avenue, but noted NW 100th Avenue is in much worse condition where parking is being proposed He urged the Board to not transmit the request as it is today to allow time for the applicant to agree to build the road on his own property where there will be a lot less opposition Robert Delli-Veneri, NW 80th Avenue, stated his property is directly across the street from the proposed venue, which he opined is a great thing, but NW 80th Avenue is not the way to go He stated the proposal will kill land values and their way of life James O'Reilly, NW 73rd Terrace, advised that he agrees with prior comments in regard to the entrance to the facility coming off NW 80th Avenue Book W, Page 709

82 Gail Stern, NW Highway 225-A, commented on Wellington, which is where she is from, noting 2 years after Wellington incorporated they were tasked to put together their first Comprehensive Plan where she served as the Equestrian Chair She advised that she brought that Plan, along with the equestrian circulation map, with her today Ms Stern opined that this proposal has the potential to be great, but is lacking community involvement, input, interconnectivity, conservation easements that could be used for trails and possibly transfer of densities There are incompatible uses against the Farmland Preservation Area and in essence has been shoved out of the way She advised that she agrees with prior comments in relation to traffic concerns, water supply, infrastructure, connectivity, concerns with the Comprehensive Plan, easements and densities Chairman Zalak advised that public comment is now closed Mr Gooding advised that Amber Gardner, Kimley-Horn & Associates, is present and available to talk about traffic, in particular to rebut the issue about the 140% increase on NW 80th Avenue, which is not what the analysis shows Chairman Zalak stated he has no questions at this time, noting the problem at this time is that the analysis is based on land use Mr Gooding agreed, and recalled that they are here about a Comprehensive Plan, noting the hearing is on a PUD, but it is going to be continued until that comes back, which is when these issues are typically resolved He stated he first wants to address some of the issues that were raised The Farmland Preservation Area is not a county program that says you cannot develop within that boundary Instead, it is primarily a transfer of development rights (TDR) program that says property within the Farmland Preservation Area can agree to conservation easements being imposed on their property and transfer that density to a more urban area The only restriction on development within the Farmland Preservation Area is on some hamlet and the rural bonus density program The only impact of moving that boundary is that his client cannot impose conservation easements to give densities somewhere else This property is going to develop and there is no reason to keep it inside the Farmland Preservation Area boundary since it is only the TDR sending area Back when the county first did that thing 30 years ago it was suggested that it be called TDR program because if it is called Farmland Preservation Area people will think you cannot develop there, which unfortunately is exactly what has happened The fact of the matter is that you can develop in the Farmland Preservation Area All that they are doing is moving the line so that they cannot increase density elsewhere by putting conservation easements on their own land Mr Gooding stated this is one of the most important things he wants to clear up about the Farmland Preservation Area Secondly, Mr Bower's idea of interconnectivity is a good one, noting they are providing interconnectivity, as the World Equestrian Center and the rest of the project will have access to Highway 27, SR 40 and NW 80th Avenue When events occur it does not behoove them to create a traffic problem in front of their own facility, so obviously roads will be opened up for people to come and go during the events and allow people access to Highways 27 and 40 to help relieve traffic on NW 80th Avenue, which is a collector roadway Mr Gooding recalled that concerts and graduations were discussed at the last public hearing, which the Board is aware of as it is included in the Special Use Permit He stated the statement that 10,000 people will be attending a concert is inaccurate, noting there are 5 arenas for 2,000 people each There will not be a graduation at two separate buildings and a concert in another There will not be 10,000 people in those seats for those events at any 1 time Page 710, Book W

83 The 1/4 acre lots that people are complaining are not compatible with the surrounding use, however, the property already has a Medium Residential land use and nothing is being changed there, as it has already been determined by the county and state as being compatible Mr Gooding commented on the trails as suggested by a speaker, noting there will be riding trails, as well as inter-modal trails (riding, sidewalk, etc) within the community to enhance connectivity between the various parts Mr Tillman commented on the facility across NW 100th Avenue and stated the intent there is for people to come in to the World Equestrian Center with their trucks to drop off horses and then pass through the subdivision out and across NW 100th Avenue At one point in time he actually encouraged the applicant to potentially improve NW 95th Street that becomes NW 100th Avenue down to that location instead of building the access on US Highway 27, but he insisted that he wanted to internalize that traffic He clarified that it is the intent to keep traffic off of the external roadways where possible and route traffic through the development Mr Tillman stated the point of connection there is just to cross NW 100th Avenue to provide parking for these trucks Mr Gooding clarified that is using the theory that people like to drive the shortest distance to get somewhere Mr Gooding stated he will answer any questions the Board may have He noted all they are asking for today is transmittal and that the conditions as proposed on water and sewer be included This will be a full-blown state comprehensive coordinated review with a lot of feedback Later in the fall, it will come back at which time they will have their PUD Plan and will know exactly what improvements are needed, as well as more detail on the actual maps and whatnot, which will not keep changing Chairman Zalak asked about the other water plan Mr Tillman clarified that they were looking at a secondary system that will be privately owned with the intent to provide irrigation and supplemental fire flow to the development The development is going to be at a minimum requirement of 2,000 gallons per minute and the system the county currently has is inadequate to supply that full amount Since they will already be doing irrigation internal to their system they can connect that system to their wells for supplemental fire flow Commissioner Gold referred to two maps indicating exits on to Highways 27 and 40 and inquired if those are bigger than the entrance off NW 80th Avenue Mr Tillman stated they are not any larger than the connection points on NW 80th Avenue, but the whole intent when they started the design of the World Equestrian Center was to be circumferenced entirely by a roadway system that could take traffic out of that region to multiple points They did not want their access to be solely off of NW 80th Avenue as they did not see that as being sufficient The larger the event, the more they can divide traffic to keep from having too much impact on one roadway system Chairman Zalak questioned the capacity of the internal road Mr Gooding noted that will be done by part of the traffic analysis, which will have an internal capture component, for which the methodology will have to be approved by the county Chairman Zalak asked how much can be pushed out through the internal roads from the events Mr Tillman stated in reality, all of the traffic could be pushed out through the internal roads, but it does not make sense, as you want to split it up as much as possible Chairman Zalak stated he did not disagree in regard to using some of NW 80th Avenue, but asked if at least the significant capacity can be used internally, out Highways 27 and 40 Mr Tillman stated it could, but it does not make sense to send the majority out through that roadway system, noting there are signalized intersections on NW 80th Avenue, Highway 27 and Book W, Page 711

84 SR 40 It would make sense to send the majority of traffic to those roads with signalized intersections rather than to locations without protective turning movements Commissioner Gold noted larger events, such as the 4th of July fireworks contracts with law enforcement to direct traffic and assumed it would be a similar type thing with the large events Mr Tillman stated he anticipates that would be the case for large events In response to Commissioner Stone, Mr Gooding advised that the traffic study is anticipated to be completed by the end of August, 2017, prior to the Board hearing the PUD approval He advised Chairman Zalak that the methodology was submitted to the county and opined that only a couple of minor comments are left that they are discussing on roadway segments that need to be included in the analysis Mr Gooding advised that NW 21st Street will be included County Engineer Tracy Straub, OCE, advised that what Mr Gooding said is correct, staff has received a methodology, which was reviewed and comments were provided by staff, but they do not feel they are minor comments and are coming to terms Staff is looking forward to getting their response back Chairman Zalak inquired as to the issues Ms Straub stated quite a bit of the issues have been touched on, staff looks at how far the capture is outside of the neighborhood, the weights of various points, as to how much is being used off the various roads, those percentages of traffic that is being split up She noted staff needs to look at The Equestrian Center itself since it is supposed to have its own separate study, per the Special Use Permit that was brought up earlier, however, they are combining it with the PUD, which is fine, but they do need some of those details and all of that information to be able to bring all of that together as quickly as August, September, or October, 2017 Chairman Zalak stated on top of being a normal PUD traffic study, the applicant will also have to provide a traffic methodology for the events Ms Straub advised that staff will have to have that information In response to Chairman Zalak, Ms Straub stated NW 21st Street needs to be included in the study, noting that was one of the comments made Mr Tillman advised that they agreed to include NW 21st Street Chairman Zalak noted another concern was in regard to the hotels Mr Tillman advised that the hotel addressed earlier is currently the only one on their plan Mr Gooding clarified that the one hotel is the only one they can get permission on that southern area, noting they are already allowed a hotel up in the northeast area Chairman Zalak asked if they will have all the assessments done when they come back with the PUD so that the BCC can look at the rest of the impacts, as well as intersection improvements, which will occur in August Mr Tillman concurred Mr Gooding advised that September would be the earliest that this matter will come back Chairman Zalak noted meeting wise it will be in September, but the traffic study will be completed in August Chairman Zalak asked if the Farmland Preservation Area is being moved all the way to NW 100th Avenue Mr Gooding stated it is moving over to NW 100th Avenue and following the jog of the property line, which is on the west side of NW 95th Avenue Road In response to Commissioner Stone, Mr Tillman stated at this point in time it is not anticipated that the Farmland Preservation Area boundary will be asked to be moved again Chairman Zalak noted it encompasses all of the applicant's property at this time Commissioner Stone asked if the Board typically transmits something at this stage, as being asked to do today Chairman Zalak stated the problem with transmittal is that people want all of the things that are found out when going to a PUD today, but typically, they do not have all of the answers, traffic studies are not all done and they do not necessarily Page 712, Book W

85 have everything done The transmittal does not actually change anything, except get the comments back The BCC makes all of the decisions in regard to land use, the way it will be done, the PUD and the zoning all in September All the Board is doing today, if transmitting, is submitting it so that the state and their agencies can comment on the plan in their Objections, Recommendations, and Comments (ORC) Report If the BCC needs more information the applicant needs to be told today to give them enough time to make sure questions are adequately answered In response to Commissioner Stone, Chairman Zalak advised that they are making a set of recommendations based on land use, not based on zoning They are not looking at the Equestrian Center as an event facility, they are looking at it as this land use, which is totally different The traffic study provided by the land use will also be considered, not for the PUD or DRI General discussion ensued In response to Chairman Zalak, Amber Gardner, Kimley-Horn & Associates, Inc, advised that the traffic analysis for the Comprehensive Plan was provided, which is a comparison of what is traffic generated by the future land use designations, as currently approved, versus what is the potential traffic generation of what is being proposed What they showed is what is being proposed has a net reduction in traffic impacts than what is currently approved under the future land use Kimley-Horn is also doing a very detailed traffic analysis of the actual site as is going to be developed, which will be part of the zoning This includes an analysis of the entire PUD, including the equestrian event center, commercial uses, residential uses, hotel, etc that will be evaluated during a normal weekday PM peak period, as that is generally the heaviest traffic on the adjacent roadway, as well as looking at those peak event periods that are going to happen at the World Equestrian Center They are also looking at the maximum impact on that transportation network during a peak event, so that all requirements are covered She stated that is the methodology submitted to county staff, a meeting was held last week and additional things are being added based on staff comments, which is being resubmitted so that they can move forward with the study Chairman Zalak stated anything done internally where they hold those trips is a benefit to the traffic study, so that however many hotel rooms there are times occupants will hold those trips Ms Gardner stated it is a benefit to the development since a lot of that is internally captured People staying in the hotel will attend events, and those in condos that are rental units will also attend events, as will people who live in Golden Ocala, all of which helps with external trip generation General discussion resumed Ms Gardner advised that part of what they looked at for the Comprehensive Plan analysis is over projecting traffic, but are showing gross trips as a comparison for your existing approved future land use and the proposed future land use No internal capture is shown between uses on the site, so the actual net impact to the external roadway network is a lot less than those numbers represented in their letter General discussion resumed A motion was made by Commissioner Gold, seconded by Commissioner Moore, to approve Large Scale Comprehensive Plan Amendment No 17-D05, disagreeing with Growth Services staff and agreeing with 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 Book W, Page 713

86 Chairman Zalak advised that Items 14C14 and 14C15 will be addressed when this matter comes back from the state Mr Gooding stated the BCC needs to decide whether to submit with the county language or the applicant's language in regard to water and sewer Ms Dinkins advised that both can be provided to the state, noting they will be clear that one is staffs and the other is the applicants Chairman Zalak stated that will encompass the entire project in regard to the advanced wastewater treatment once DOH approves the passive systems Ms Dinkins concurred The motion was unanimously approved by the Board (5-0) 14C Z - Golden Ocala Equestrian Land, LLC, A-1, M-1 and PUD To PUD, Acres The Board considered a petition by Golden Ocala PUD, Don R Deluca, Vice President (owners) / W James Gooding, Ill, Esquire (applicant), 7290 College Parkway, Suite 400, Fort Myers, FL, for a Zoning Change, Articles 2 and 4, of the Marion County Land Development Code, from A-1 (General Agriculture), M-1 (Light Industrial) and PUD (Planned Unit Development) to PUD on approximately 1, acres of Parcel Account Nos , , , -03, -04, , , , , , , , , , , -02, , , -01, , , , , , , , , , , , , and , -01, -02 (17-D05) WRITTEN OPPOSITION WITHIN 300 FEET 0 of 104 = 0% PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Lord, seconded by Mr Gaekwad, to disagree with staff's findings and recommendation, and recommend approval of the requested land use change 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 4 to 1, with Mr Colen dissenting and Mr Bailey abstaining due to a conflict of interest This matter was addressed with Item 14C13 (17-D05) 14C Z - Chris Armstrong, A-1 to PUD, Acres Commissioner Bryant referred to Item 14C12 as discussed earlier in the meeting, noting at the conclusion, she spoke with a couple of residents that were present She advised that the residents would like to see a berm at SW 65th Terrace Commissioner Bryant stated the developer's agent is present and the developer agreed to that as well, noting she wanted to bring this back to the Board so that staff can add that to the conditions Mr Tillman advised that they have no objections to adding the berm since they are providing a berm and plantings off SW 64th Court Chairman Zalak directed staff to add the berm and plantings at SW 65th Terrace 14C15 17-DT1- Golden Ocala, Developer's Agreement Termination and Expiration Acknowledgement Page 714, Book W

87 The Board considered the request by Golden Ocala PUD, Don R Deluca, Vice President (owners) / J David Tillman, Tillman & Associates Engineering, LLC (applicant), 7290 College Parkway, Suite 400, Fort Myers, FL, to acknowledge the prior Developer's Agreement expiration without requiring extension and/or renewal This matter was addressed with Item 14C13 (17-D05) Senior Planner Rison advised that this item relates to the Developer's Agreements that are already in place on the property and 2 separate public hearings are required for consideration He stated this will be the first of 2 public hearings for the BCC to entertain discussion regarding the termination of those agreements and replacing it with a PUD The final public hearing consideration will be at the adoption when they look at that, but the Board needs to conduct that public hearing in relation to the termination agreements A motion was made by Commissioner Moore, seconded by Commissioner Gold, to approve the Developer's Agreement termination and expiration acknowledgement The motion was unanimously approved (5-0) 14D Adoption of Ordinance S03 A motion was made by Commissioner Bryant, seconded by Commissionet Moore, to adopt Ordinance adopting Small Scale Comprehensive Plan Amendment No 17- S03, agreeing with the 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, FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance is entitled AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, ADOPTING THE FOLLOWING SMALL- SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE MARION COUNTY COMPREHENSIVE PLAN 2017-S03, KIRK BOONE, /- ACRES, PID# FROM MEDIUM DENSITY RESIDENTIAL TO COMMERCIAL PURSUANT TO CHAPTER 163, FLORIDA STATUTES, PROVIDING FOR FINDINGS, PROVIDING FOR APPEALS, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL, AND PROVIDING AN EFFECTIVE DATE 14D2 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 A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to adopt Ordinance amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance is entitled Book W, Page 715