July 13, Book F, Page 317

Transcription

1 The Marion County Board of County Commissioners met in special session in Commission chambers at 9:05 a.m. on Tuesday, July 13, 2004 at the Marion County Governmental Complex located in Ocala, Florida. Upon roll call the following members were present: Chairman Andy Kesselring, District 1; Vice-Chairman Steve F. Henning, District 5; Commissioner Jim Payton, District 2; Commissioner Parnell Townley, District 3; and Commissioner Randy Harris, District 4. Also present were Deputy Clerk Cindy Bonvissuto, County Attorney Gordon B. Johnston, County Administrator Pat Howard, a member of the news media, and 23 citizens. Comprehensive Plan/Ordinances - The Deputy Clerk presented Proof of Publication of a display advertisement for two public hearings entitled Notice of Change of Land Use, Marion County Comprehensive Plan, Approval of Stipulated Settlement Agreement, Approval of Ordinance Adopting Remedial Amendments, published in the Star Banner newspaper on July 1, County Attorney Gordon B. Johnston stated that the public hearings were to consider a Stipulated Settlement Agreement with the Department of Community Affairs (DCA) and adoption of an Ordinance relating to the Agreement. He stated the land use changes were adopted by the Board regarding Large Scale Land Use Amendments 02-L11 by John Penn, 02-L16 by Drexel Investments, and 02-L21 by RLR Investments, on December 19, Mr. Johnston stated the issues were basically the methodology and procedures the County was required to go through to insure that the various traffic studies, etc. were done correctly, as required by DCA. Comprehensive Plan/Ordinances - Planning Director Dwight Ganoe stated the amendments did not need to be heard separately since the Stipulated Settlement Agreement basically addressed all three Large Scale Land Use Amendments. He stated the Stipulated Settlement Agreement basically established methodology as to how the County would look at transportation, infrastructure and need issues in relation to land use amendments in the future. He noted DCA had some issues as to how the County determined the need and addressed the impact of amendments. Mr. Ganoe advised that Developer s Agreements had been executed by all parties in regard to the three land use amendments. He stated that DCA approved the conditions, but had a concern with the Developer s Agreement being between the County and developer, which took DCA out of the loop. He stated that some of the specifics of the Developer s Agreement would be incorporated into the Comprehensive Plan as Text Amendments, which were listed as part of the Stipulated Settlement Agreement. Mr. Ganoe stated the Stipulated Settlement Agreement did not change the land use the Board had previously approved at its public hearing. In response to Chairman Kesselring, Mr. Ganoe stated that staff was in agreement with changes requested by DCA. Mr. Johnston noted the first public hearing was in regard to the Stipulated Settlement Book F, Page 317

2 Agreement. In response to call for public comment, Mr. Ganoe noted several individuals had signed up to speak. Russell Anderberg, SW 56 th Terrace, stated opposition to the change regarding the Future Land Use Map (FLUM) Amendment 02-L11 by John Penn, Trustee. He noted improvements were required to be made before construction could begin. Mr. Anderberg advised that many undeveloped lots were available in surrounding subdivisions. He stated that to date no improvements had been made to roads. Mr. Johnston advised that in regard to FLUM Amendment 02-L11 by John Penn, Trustee, the attachment to the Stipulated Settlement Agreement limited the number of dwellings to 265 residential units, required central potable water and sanitary sewer facilities, and road mitigation improvements prior to development. Al Chauncey, SW 81 st Avenue, stated he was concerned with traffic issues and when the traffic study would take place. Eve Porter Chauncey, SW 81 st Avenue, stated her primary concern was water issues. She stated roads needed to be improved, as well as markings, such as addresses on buildings and roads. Don Emmons, SW 60 th Circle, stated that Mr. Anderberg addressed his concerns, but noted that something needed to be done before it became a real mess. Robert Storz, SW 56 th Terrace, stated that area residents used 60 th and 80 th Streets and commented on concerns with traffic and the impact of additional traffic. Sonny Muckey, NW 32 nd Street, stated he was in favor of FLUM Amendment 02-L16, Drexel Investments, Inc. He advised that it would be a nice blend for the agricultural area, and noted the change was found to be in conformance by the County. Mr. Muckey stated that if there were no changes made in the application, it should be approved. In regard to FLUM Amendment 02-L21 by RLR Investments, LLC, Andrew Hunter, NW 72 nd Court, questioned the need for commercial development on that portion of Highway 27. He stated he would prefer that the commercial area along CR 225 be in-filled, and not along US 27 and CR 255. Mr. Hunter stated he was opposed to the land use change by RLR. Mr. Johnston advised that land use changes were approved in He stated the Board was here to approve the Stipulated Settlement Agreement with DCA. Mr. Johnston advised that the Stipulated Settlement Agreement limited development to 798 residential units, 100,000 square foot convention facility, a 120 room hotel with combined parking for 1,078 vehicles, together with shopping and service facilities not to exceed floor area ratio of.30. He stated the development would be served by central potable water and sanitary sewer facilities, and required to provide a traffic study acceptable by County, as well as transportation impact mitigation improvements to be completed and in place prior to commencement of development, and to the extent feasible, utilize water conservation techniques. In response to Commissioner Henning, Mr. Ganoe advised that the ORC report was prepared by DCA in 2002 and was provided as background information. Mr. Johnston advised that a regional system would be constructed to serve the development. Mr. Ganoe stated that a binding agreement had been executed by all parties regarding a regional system. He stated that DCA found the three FLUM Amendments not to be in compliance, which took time to resolve issues. Page 318, Book F

3 In response to Commissioner Henning, Commissioner Harris advised that page three of the Developer s Agreement stated that development could not occur until infrastructure was in place. He commented on following language found in the Developer s Agreement: Any violation by owner, owner s heirs, successors or assigns of any provision contained herein shall be considered as a violation of this agreement and may result in the suspension, cancellation or termination of development orders and permits by Marion County. George Cretul, NW 72 nd Court, stated concern with the commercial designation. He stated he did not believe that limited commercial designation should be allowed to go past the fire station on CR 225. Mr. Cretul stated that development would continue on Highway 27. He stated that limited commercial was the beginning and may end up with a heavy commercial designation. Mr. Johnston advised that the developer could only develop 30% of the property. In response to Chairman Kesselring, Mr. Ganoe advised that the landscaping plan could be presented to the Board for consideration, but not the development plans. Mr. Ganoe stated there may be some access points off of 225. Mr. Johnston stated that the County would take a look at ingress/egress points in that traffic study, and wouldl determine if turn lanes, and possible 4-laning requirements were needed prior to completion of development. Commissioner Henning commented on the high usage. Commissioner Harris advised that the developer had requested 100% usage, but the Board had reduced that amount to 30%. Charles Heil, SW 56 th Terrace, stated he was told that area residents were part of the problem regarding traffic issues. He stated that he purchased the property because of the area horse farms. Steve Gray, NE 1 st Avenue, Suite 1, attorney representing Mr. Penn, stated there appeared to be some confusion caused by the DCA Agreement. He stated that the Developer s Agreements contained further requirements and limitations not contained in the Stipulated Settlement Agreement with DCA, but the developers were still bound by those agreements. He stated that in Mr. Penn s case, access onto 60 th and 80 th was limited, required almost $1,000,000 in road improvements, developed as a Planned Unit Development (PUD), buffering, as well as comply with the Florida Yards and Neighborhoods program. Upon motion of Commissioner Harris, seconded by Commissioner Payton, the Board approved execution of the Stipulated Settlement Agreement with DCA, Case No GM. Chairman Kesselring advised that the first public hearing was now closed. Mr. Johnston advised that the Stipulated Settlement Agreement must be executed before continuing with the second public hearing. There was a recess at 9:42 a.m. The meeting reconvened at 9:43 a.m., with all members present. County Attorney Gordon Johnston stated this was a public hearing to consider adoption of an Ordinance approving the remedial amendments agreed to in the Stipulated Settlement Agreement with the Department of Community Affairs (DCA), approved earlier as required by State Statute. Upon call for public comment, Russell Andergerg, SW 56 th Terrace, questioned what was being adopted for public comment. Book F, Page 319

4 Chairman Kesselring advised that the Stipulated Settlement Agreement just approved would now be incorporated into the Ordinance. He advised that the land use changes were approved in 2002, and the Board earlier agreed to incorporate DCA requirements and conditions into the Ordinance. Commissioner Harris advised that the Board must now enact an Ordinance in order to implement them locally. Sonny Muckey, NW 32 nd Street, urged the Board to move forward on infrastructure. Chairman Kesselring advised that a Utility Master Plan was being updated to aid the County on the long range goals for infrastructure. Upon motion of Commissioner Harris, seconded by Commissioner Payton, the Board approved remedial amendments to the Comprehensive Plan as agreed to in the Stipulated Settlement Agreement and adopted Ordinance 04-19, entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, AMENDING THE MARION COUNTY COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT; ENSURING COORDINATION WITH THE TRANSPORTATION ELEMENT; PROVIDING FOR TRANSPORTATION ANALYSIS OF FUTURE LAND USE AMENDMENTS; PROVIDING ADDITIONAL LIMITATIONS ON FUTURE LAND USE MAP (FLUM) AMENDMENT 02-L-11; PROVIDING ADDITIONAL LIMITATIONS ON FLUM AMENDMENT 02-L-16; PROVIDING ADDITIONAL LIMITIATIONS ON FLUM 02-L-21; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR AN EFFECTIVE DATE. Road Improvements - Mr. Howard presented an update regarding the SE/SW 31 st Street road improvement project. He stated that an Agreement was reached with the St. Johns River Water Management District (SJRWMD) who had agreed to issue the permits in regard to 31 st Street. Mr. Howard advised that the SJRWMD action was being challenged by El Dorado and an environmental group which were asking for an Administrative Hearing, which would probably be granted. He stated that Attorney Jimmy Gooding was representing the County and SJRWMD would defend their own action. Mr. Howard stated he was hoping to get the permits, but the administrative hearing may change that. In response to Chairman Kesselring, Mr. Howard advised that the hearing at SJRWMD would be held today, but the Administrative Hearing will be scheduled at a later date. Mr. Johnston advised that the hearing could take six months to one year to be scheduled. There being no further business to come before the Board, the meeting thereupon adjourned at 9:50 a.m. Attest: Andy Kesselring, Chairman Page 320, Book F

5 David R. Ellspermann, Clerk Adopted by the Board of County Commissioners on Tuesday, August 3, 2004 Book F, Page 321