September 25, 2000 Minutes. September 25, 2000

Transcription

1 Page 1 of 6 Book B, Pages September 25, 2000 The Marion County Board of County Commissioners met in special session in Commission chambers at 9:01 a.m. on Monday, September 25 9, 2000 at the Marion County Governmental Complex located in Ocala, Florida. Upon roll call the following members were present: Chairman Steve F. Henning, District 5; Vice-Chairman Larry Cretul, District 2; Commissioner Judy D. Johnson, District 1; and Commissioner Parnell Townley, District 3. Commissioner Randy Harris, District 4, arrived shortly after the meeting commenced. Also present were Deputy Clerk Miriam Pauley, County Attorney Gordon B. Johnston, and six citizens. Comprehensive Plan - Deputy Clerk Pauley presented Proof of Publication of a display advertisement of a Notice of Public Hearing to Change Land Use in Marion County Comprehensive Plan, published in the Star Banner newspaper on September 13, The Notice stated the Board would consider an ordinance approving the Evaluation and Appraisal Report (EAR) based text amendments to the Comprehensive Plan. The Chairman presented an undated letter from Shirley Little, Margy Bielling, and Dr. Edward Anderson stating concerns with the impact of the text amendment on natural resources. Jimmy Massey, Principal Planner, presented and reviewed a two-page document entitled "Marion County Planning Department Work Program Up-Date", which reflected that on September 5, 2000 notification was received from the Department of Community Affairs (DCA) that the following 2000 First Cycle, Comprehensive Plan Map amendments, were in compliance: 00-L4 Grand Lake RV acres to Commercial Recreation; 00 L6 Circle Fore acres to Urban Neighborhood District; 00-L8 R.L.R. Investments acres involving the Golden Ocala Development; to Medium Density Residential; 00-L9 Silver Run properties acres;

2 Page 2 of 6 to High Density Residential; 00-L10 Jack & Jimmie Mote acres located north of Quail Meadows; to Medium Density Residential; 00-L11 M&M Land Company acres north of SR 200, on SW 43 rd Court; to Medium Density Residential; 00-L12 W. Thomas Brooks acres on SE 38 th St.; to Low Density Residential; 00-L14 Counts Construction acres off US 441; to Industrial Mr. Massey stated that a meeting would be conducted with DCA in October regarding "need" for Marion County. He stated this was an important issue to resolve for the future of the County. Mr. Massey stated that "need" would normally be based on population. Mr. Massey commented on up-coming planning projects for the Planning Department. He stated the second cycle Comprehensive Plan text amendments included the following three elements: Future Land Use; Capital Improvements; and Transportation. Mr. Massey pointed out the primary revisions to the Future Land Use Elements related to professional office uses that were compatible with residential land uses as home occupations. Commissioner Johnson asked whether the Board would lose some of its regulatory power with restrictions for residential designations, if commercial or professional offices were allowed without obtaining a Special Use Permit. Mr. Massey stated the regulations would not change since the Land Development Code (LDC) set forth provisions that must be followed. In response to inquiry by Commissioner Johnson, Mr. Massey stated that professional offices were defined in the LDC. Mr. Massey stated another change in the Future Land Use Element would add two new residential land use classifications for a multi-family medium density, which would allow 8 to 12 dwelling units per acre, and would include attached and detached single-family homes,

3 Page 3 of 6 duplexes, triplexes, quadraplexes, townhouses, apartments, mobile homes and manufactured housing. The other new classification was for multi-family residential high density to allow 12 to 16 dwelling units per acre. Mr. Massey stated this classification allowed a minimum density of 12 dwelling units per acre which included attached single-family homes, duplexes, triplexes, quadraplexes, townhouses, apartments, and attached manufactured housing. Commissioner Harris arrived at 9:13 a.m. In response to inquiry by the Chairman, Mr. Massey stated the R-4 zoning designation would probably be used for the new land use classifications. Commissioner Johnson suggested a language change from mobile homes to modular homes, a more affordable housing alternative for the elderly population. County Attorney Johnston stated that mobile homes and manufactured homes were different from modular homes, which were placed onsite. Chairman Henning stated that modular homes were an acceptable type of affordable housing, but not mobile homes or manufactured homes in residential areas. Commissioner Cretul stated he favored the flexibility of medium density residential being detached and zero lot lines for manufactured homes. Mr. Johnston pointed out that zoning would address concerns with lot line requirements. The Board agreed with Commissioner Johnson s suggestion to add modular buildings/construction instead of mobile homes in the Future Land Use element. Mr. Massey pointed out the changes in developments in the Environmentally Sensitive Overlay Zone (ESOZ), which were not included in the LDC. Commissioner Johnson stated the changes should be included in the LDC or the Comprehensive Plan was not valid. Mr. Massey stated the standards for ESOZ were set out in the Comprehensive Plan. After discussion, the Board agreed that the ESOZ standards in the Comprehensive Plan should be included in the LDC. In response to inquiry by Commissioner Cretul, Mr. Massey stated the setback requirement from the Cross Florida Greenway land was reduced from fifty to twenty-five feet for all structures. Site Planner Bill Cobb stated the number of variances requested in Silver Springs Shores had increased due to the adjacent Greenway lands. He stated that if variances were not granted, then a great number of unbuildable lots would have been created adjacent to the Greenway. Mr. Cobb stated it cost the property owner $200 to request a variance and approximately ninety days for staff to submit a recommendation to the Board of Adjustment. Commissioner Johnson suggested changing the language to include a fifty foot setback, except for residential housing on currently designated R-1 zoned lots, which shall be twenty-five feet. It was the general consensus to change the language. Upon call for public comment, Shirley Little, Summerfield, stated she accepted the change in setback requirements for ESOZ lands and other changes contained in the Future Land Use Element. In response to inquiry by Margy Bielling regarding Policy 4.3, Commissioner Johnson stated the language in that policy was revised to reflect new deadlines for the County to

4 Page 4 of 6 complete a study to identify karst sensitive areas. In response to inquiry by the Chairman, Mr. Massey stated that staff was performing research to identify the karst sensitive areas. He stated the date was changed to 2002, the projected completion date. Mr. Massey stated it was necessary to advise DCA why the study would be completed. Ms. Bielling asked whether the drainage sub-basin maps for lakes were completed. Planning Director Dwight Ganoe stated that some maps were completed and that staff continued working with the water management district to obtain additional maps they have available for karst sensitive waterways. Dr. Edward Anderson, Ocklawaha, stated he supported the proposed changes to the ESOZ designation. He stated the changes reaffirmed the current language in the Comprehensive Plan. Dr. Anderson stated he obtained results of the ground penetrating study that was performed for the SE 31 st Street project. He stated the study indicated there was clay in the area, which would require extensive soil removal and replacement, which would be expensive. Dr. Anderson presented a copy to the Board for review prior to presentation at the MPO meeting on Tuesday, September 26, 2000 at 4:00 p.m. Jane Sands, Ocklawaha, stated she supported the proposed amendments to the Future Land Use Element, particularly regarding the ESOZ around waterways. Mr. Ganoe commented on karst sensitive issues and the need for a study to identify those areas. He stated that additional information would be submitted to the Board. Mr. Massey reviewed the changes proposed in 00-L27, Capital Improvements Element. He stated the changes primarily related to concurrency. In response to inquiry by Commissioner Johnson, Mr. Massey stated that a review of the Capital Improvement Element could be included after the TIP was completed by the Engineering Department. Chairman Henning noted that he agreed to expand Policy 3.5 to ensure funding was equitable for County road projects, and that transportation impact fees and gas taxes could be used as a financing source. Commissioner Johnson suggested the language in Policy 3.8 include utilization of impact fees. The Board agreed. In response to inquiry by Commissioner Johnson, Mr. Massey stated that a concurrency management system, referenced in Objective 5.0, was completed. He suggested the language be changed to "Marion County shall maintain a concurrency management system". The Board agreed. Commissioner Townley out at 9:50 a.m. Commissioner Harris stated there was a need for new developments to be reviewed closely regarding transportation concurrency. Mr. Massey stated the Florida Statutes controlled vested properties as to concurrency issues. Commissioner Townley returned at 9:54 a.m. Mr. Massey stated that a traffic study may be requested based on the location of a proposed development. Mr. Johnston stated the County had been conducting meetings with the City of

5 Page 5 of 6 Ocala staff to coordinate issues dealing with concurrency. Commissioner Cretul out at 9:56 a.m. Mr. Massey stated that vested properties were reviewed regarding the number of trips generated. He noted that cumulative projections were used for new developments based on site plans presented. On page 16, Funding Source, Capital Improvements Element, Commissioner Johnson suggested adding "Developer Agreements" to replace the deleted item 10 of Development Requirements. The Board agreed. Mr. Massey noted that a copy of the Five Year TIP program was included in the element for information, but the TIP could be changed by the Board. In regard to 00-L28, Transportation Element, Mr. Massey stated there were no major changes. Commissioner Johnson asked why Policy 4.4 was eliminated. Commissioner Cretul returned at 10:07 a.m. Mr. Ganoe stated that Florida Department of Transportation and the Florida Highway Patrol prepared annual accident frequency reports for collector and arterial roads, but the Engineering Department did not. Commissioner Johnson suggested the deleted Policy 4.4 remain in Objective 4.0 with the addition of the following language: using information provided by the Florida Department of Transportation and Florida Highway Patrol. Chairman Henning agreed that information was needed. Mr. Massey suggested the following language instead: Annual accident frequency reports for all collector and arterial roads will be utilized in determining priorities for funding and construction. The Board agreed to include Mr. Massey s proposed language in the element. Commissioner Johnson noted that the proposed Mass Transit sub-element included adopting the Sun Tran routes. Mr. Massey stated that the Sun Tran routes were included only for information and background purposes. Upon call for public comment regarding 00-L27 and 00-L28, Dr. Edward Anderson stated there was a need for infrastructure improvements. He stated concern with the approach to the ESOZ when construction was considered for a highway or bridge. Mr. Massey stated there was no specific policy to deal with that issue. He stated that engineering and LDC requirements would address roads and bridges. Mr. Massey pointed out that Department of Environmental Protection transportation regulations must also be followed. Upon motion of Commissioner Harris, seconded by Commissioner Cretul, the Board approved transmittal of 00-L26, 00-L27 and 00-L28, revisions to the Future Land Use Element, Capital Improvements Element, and Transportation Element, as amended, to DCA. There being no further business to come before the Board, the meeting thereupon adjourned at 10:20 a.m.

6 Page 6 of 6 Steve F. Henning, Chairman Attest: David R. Ellspermann, Clerk Meeting minutes adopted by Board of County Commissioners on October 17, 2000.