Chairman McClain introd DiPietro

County Employee Harvey

traditional

Official Minutes of MARION

COUNTY

14

meetings as

The Marion County Board of County met in regular session in Commission Chambers at 903 am on 16 2014 at the Marion County Governmental Complex located in

The meeting opened with invocation by Comm Bryant and the Pledge of Allegiance to the Flag of our Country

Upon roll call the following members were

11 1

Chairman Stan McClain District Vice-Chairman Kathy Bryant District 2 David Moore District 1 Commissioner Carl Zalak District 4 and Arnett District 5 Also present were Clerk David R Ellspermann Matthew Minter and County Administrator William G Kauffman

Commissioners - Chairman McClain add listed on the Commission Calendar (Item 12B)

==~=~~gt~~ shy

Christmas Choir Choir members Suzanne Lourdes Chaney Howard Benson Natalia Cox Christmas songs along with a Christmas Story

ProclamationsProjects amp C) Upon motion of Commissioner Moore seconded by

Programs -Board approved andor

ratified the following A Proclamation designating January 16 ins at Home

Proclamation recognizing Brian Keith Martin Jr upon attaining the status of Eagle Scout in the Boy Scouts of America Proclamation recognizing Casey J Kwatkosky upon attaining

Scout in the Boy Scouts of America organization

97th- (2A) - Roger Knechtel commented on services provided by the Salvation Army and eX~)reSSE~a

concern that the organization is getting less and less donations but more in need He encouraged everyone to donate to worthy as Salvation Army and Shriners Hospital for Children

==== - (2B) - George Nicolas SW 110th Court commented on the SW 95th Street paving project and the with his as~)tss(

appreciation to County Attorney Minter for his help in resolving the

=t=1=t==- (2C1) - Ryan OReilly Southern Charm ressea the Board on behalf of the Professional Firefighters of

31 in regard to response times and retention of firefighters in Marion County

Book T 1217

December 162014

County He expressed concern with the increase in response times due to the decrease in revenue for the department as well as the loss of experienced staff Mr OReilly stated almost 200 employees have left the department to seek employment in other counties offering higher wages He commented on the cost incurred by taxpayers every time the department has to train a new employee

Councilman Jim Hilty City of Ocala SE 28th Street commented on a text he received last month from a citizen recently involved in a horrible accident He advised of the professional job performed by the responding Emergency Medical Technicians (EMTs) and members of the Ocala Regional Medical Center (ORMC) Trauma Unit Councilman Hilty opined that the community should do everything possible to support Marion County firefighters and medical personnel

Minutes - (3A) - It was noted that there are no minutes to be adopted on todays agenda

LegislatureSheriff - (4A) - The following letter dated November 25 2014 was received from Sheriff Chris Blair Marion County Sheriffs Office (MCSO) regarding expenditure of $150000 from the Crime Prevention Fund to purchase additional kiosks including the monthly wireless connection fees for the additional kiosks new public service announcements (PSA) and additional crime prevention materials to be distributed over the current fiscal year

I am requesting $150000 from the Crime Prevention Fund to purchase additional kiosks to include the monthly wireless connection fees for the additional kiosks new public service announcements and additional crime prevention materials to be distributed over the current fiscal year As you are aware the kiosk program has been an extremely successful endeavor over the last year and I would like to continue expanding the program The Crime Prevention Fund is established by Section 775083 Florida Statutes It provides that crime prevention funds may be used for two purposes 1) crime prevention programs within the county andor 2) safe neighborhood programs as outlined and established pursuant to Section 163501-163523 Florida Statutes Chapter 163 Florida Statutes also provides important guidelines in terms of what the intended uses of crime prevention funds are to wit any policing technique or strategy designed to reduce crime by reducing opportunities for and increasing the perceived risks of engaging in criminal activity through visible presence of police in the community including but not limited to community mobilization neighborhood block watch citizen patrol citizen contract patrol foot patrol neighborhood storefront police stations field interrogation or intensified mobilized patroL Thank you for your consideration in this matter A motion was made by Commissioner Bryant seconded by Commissioner Moore

to approve expenditure of $150000 from the Crime Prevention Fund The motion was unanimously approved by the Board (5-0)

LegislatureSheriff - (4B) - The following letter dated November 25 2014 was received from Sheriff Blair MCSO regarding expenditure of $4600 from the Law Enforcement Trust Fund (LETF) to purchase an electronic smart board for the Sheriffs Major Crimes Unit It was noted that the request met requirements of Chapter 932 of the

Page 1218 Book T

December 16 2014

Florida Statutes (FS) and will no in

Law iture of Four Thousand Six

Fund This money will for the Sheriffs Major Crimes

in subsequent fiscal years I am requesting your concurrence Hundred ($4600) Dollars from

used to purchase an electronic Unit This piece of equipment will be helpful to in solving major crimes cases I certify that this request meets the of Chapter 932 of the Florida Statutes and that there are no recurring subsequent fiscal years A motion was made by Commissioner Bryant by Commissioner Moore

to approve expenditure of $4600 from the motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsSheriff (4C) considered the following recommendation from Trial Court Administrator Jonathan Lin in regard to the 2014-2015 Byrne Justice Assistant Grant (JAG) award from Department of Law Enforcement (FDLE) for the Marion County DUI Court Juvenile Drug Court and the Juvenile Drug Court

Total grant revenue in the amount of $2000000 Matching funds drug screens for enrolled participants

DescriptionBackground On September 16 2014 County Commissioners approved the Florida Department of Law Enforcement (JAG) Both subgrants have now been awarded Court award is in the amount of $660000 Court and Juvenile Dependency Drug Court is

DUI grant funds will provide Army Corrections for the cost of breathalyzer and

enrolled in DUI Court The Juvenile Drug Court grant funds will provide funding for

screens indigent Court and the of breathalyzer

are not required Recommended Action Approval and execution of the two Acceptance A motion was made by Commissioner Bryant seconded by ClllnOr Moore

to approve and the Certificate of Acceptance of Subgrant Award for 2

of

The motion was unanimously approved by the Board (5-0) Note BOCC is the abbreviation for Board of County

======- (5A1 through 13) - Upon motion of Commissioner Arnett by Commissioner Moore the Board adopted the following Budget

as by Clerk Ellspermann 1 14-R-634 transferring $420 within the General Fund for Information

Technology (IT) Department 1 transferring $6000 within the General Fund for

Department 14-R-636 transferring $112651 within the General Fund for the Information Technology 1 transferring $11 within the General Fund

Book 1219

December 162014

County He expressed concern with the increase in response times due to the decrease in revenue for the department as well as the loss of experienced staff Mr OReilly stated almost 200 employees have left the department to seek employment in other counties offering higher wages He commented on the cost incurred by taxpayers every time the department has to train a new employee

Councilman Jim Hilty City of Ocala SE 28th Street commented on a text he received last month from a citizen recently involved in a horrible accident He advised of the professional job performed by the responding Emergency Medical Technicians (EMTs) and members of the Ocala Regional Medical Center (ORMC) Trauma Unit Councilman Hilty opined that the community should do everything possible to support Marion County firefighters and medical personnel

Minutes - (3A) - It was noted that there are no minutes to be adopted on todays agenda

LegislatureSheriff - (4A) - The following letter dated November 25 2014 was received from Sheriff Chris Blair Marion County Sheriffs Office (MCSO) regarding expenditure of $150000 from the Crime Prevention Fund to purchase additional kiosks including the monthly wireless connection fees for the additional kiosks new public service announcements (PSA) and additional crime prevention materials to be distributed over the current fiscal year

I am requesting $150000 from the Crime Prevention Fund to purchase additional kiosks to include the monthly wireless connection fees for the additional kiosks new public service announcements and additional crime prevention materials to be distributed over the current fiscal year As you are aware the kiosk program has been an extremely successful endeavor over the last year and I would like to continue expanding the program The Crime Prevention Fund is established by Section 775083 Florida Statutes It provides that crime prevention funds may be used for two purposes 1) crime prevention programs within the county andor 2) safe neighborhood programs as outlined and established pursuant to Section 163501-163523 Florida Statutes Chapter 163 Florida Statutes also provides important guidelines in terms of what the intended uses of crime prevention funds are to wit any policing technique or strategy designed to reduce crime by reducing opportunities for and increasing the perceived risks of engaging in criminal activity through visible presence of police in the community including but not limited to community mobilization neighborhood block watch citizen patrol citizen contract patrol foot patrol neighborhood storefront police stations field interrogation or intensified mobilized patroL Thank you for your consideration in this matter A motion was made by Commissioner Bryant seconded by Commissioner Moore

to approve expenditure of $150000 from the Crime Prevention Fund The motion was unanimously approved by the Board (5-0)

LegislatureSheriff - (4B) - The following letter dated November 25 2014 was received from Sheriff Blair MCSO regarding expenditure of $4600 from the Law Enforcement Trust Fund (LETF) to purchase an electronic smart board for the Sheriffs Major Crimes Unit It was noted that the request met requirements of Chapter 932 of the

Page 1218 Book T

December 16 2014

Florida Statutes (FS) and will no in

Law iture of Four Thousand Six

Fund This money will for the Sheriffs Major Crimes

in subsequent fiscal years I am requesting your concurrence Hundred ($4600) Dollars from

used to purchase an electronic Unit This piece of equipment will be helpful to in solving major crimes cases I certify that this request meets the of Chapter 932 of the Florida Statutes and that there are no recurring subsequent fiscal years A motion was made by Commissioner Bryant by Commissioner Moore

to approve expenditure of $4600 from the motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsSheriff (4C) considered the following recommendation from Trial Court Administrator Jonathan Lin in regard to the 2014-2015 Byrne Justice Assistant Grant (JAG) award from Department of Law Enforcement (FDLE) for the Marion County DUI Court Juvenile Drug Court and the Juvenile Drug Court

Total grant revenue in the amount of $2000000 Matching funds drug screens for enrolled participants

DescriptionBackground On September 16 2014 County Commissioners approved the Florida Department of Law Enforcement (JAG) Both subgrants have now been awarded Court award is in the amount of $660000 Court and Juvenile Dependency Drug Court is

DUI grant funds will provide Army Corrections for the cost of breathalyzer and

enrolled in DUI Court The Juvenile Drug Court grant funds will provide funding for

screens indigent Court and the of breathalyzer

are not required Recommended Action Approval and execution of the two Acceptance A motion was made by Commissioner Bryant seconded by ClllnOr Moore

to approve and the Certificate of Acceptance of Subgrant Award for 2

of

The motion was unanimously approved by the Board (5-0) Note BOCC is the abbreviation for Board of County

======- (5A1 through 13) - Upon motion of Commissioner Arnett by Commissioner Moore the Board adopted the following Budget

as by Clerk Ellspermann 1 14-R-634 transferring $420 within the General Fund for Information

Technology (IT) Department 1 transferring $6000 within the General Fund for

Department 14-R-636 transferring $112651 within the General Fund for the Information Technology 1 transferring $11 within the General Fund

Book 1219

December 16 2014

Florida Statutes (FS) and will no in

Law iture of Four Thousand Six

Fund This money will for the Sheriffs Major Crimes

in subsequent fiscal years I am requesting your concurrence Hundred ($4600) Dollars from

used to purchase an electronic Unit This piece of equipment will be helpful to in solving major crimes cases I certify that this request meets the of Chapter 932 of the Florida Statutes and that there are no recurring subsequent fiscal years A motion was made by Commissioner Bryant by Commissioner Moore

to approve expenditure of $4600 from the motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsSheriff (4C) considered the following recommendation from Trial Court Administrator Jonathan Lin in regard to the 2014-2015 Byrne Justice Assistant Grant (JAG) award from Department of Law Enforcement (FDLE) for the Marion County DUI Court Juvenile Drug Court and the Juvenile Drug Court

Total grant revenue in the amount of $2000000 Matching funds drug screens for enrolled participants

DescriptionBackground On September 16 2014 County Commissioners approved the Florida Department of Law Enforcement (JAG) Both subgrants have now been awarded Court award is in the amount of $660000 Court and Juvenile Dependency Drug Court is

DUI grant funds will provide Army Corrections for the cost of breathalyzer and

enrolled in DUI Court The Juvenile Drug Court grant funds will provide funding for

screens indigent Court and the of breathalyzer

are not required Recommended Action Approval and execution of the two Acceptance A motion was made by Commissioner Bryant seconded by ClllnOr Moore

to approve and the Certificate of Acceptance of Subgrant Award for 2

of

The motion was unanimously approved by the Board (5-0) Note BOCC is the abbreviation for Board of County

======- (5A1 through 13) - Upon motion of Commissioner Arnett by Commissioner Moore the Board adopted the following Budget

as by Clerk Ellspermann 1 14-R-634 transferring $420 within the General Fund for Information

Technology (IT) Department 1 transferring $6000 within the General Fund for

Department 14-R-636 transferring $112651 within the General Fund for the Information Technology 1 transferring $11 within the General Fund

Book 1219

December 16 2014

5 within the MSTU for Law Enforcement ampCID

6 $4600 within the Law Enforcement the Law MSTU

7 14-R-640 transferring $4600 within the MSTU for Law Enforcement - Patrol amp CID

8 $1120 within the General Fund for the Livestock Pavilion

9 14-R-642 $2500 within the General Fund for amp

10 the

11 for the

1 Fund fees

13 $2261456 within the Series 2014A Capital Projects Fund 2014A

Note MSTU is the acronym for Municipal Service CID is the acronym for Criminal I Division)

(5B) - Clerk Ellspermann Director Michael Tomich regarding

(FY) 201 16 and Capital Improvement Program (CIP) DescriptionBackground Attached is the Proposed Annual Improvement Calendar of the Marion County Commissioners for Year2015-16 budget The been reviewed for compliance with applicable statutes With concurrence of the of County Commissioners this calendar shall serve as budget preparation and adoption of the upcoming improvement program

None Action Recommend Board approval of 1 6 Annual

Capital Improvement Program Calendar by Commissioner Arnett Commissioner Bryant

to adopt proposed annual P calendar The motion was unanimously approved by the Board (5-0)

Hearings are noted on the for Thursday June 10 and Thursday

(SC) - Clerk the following recommendation from Budget Director Tomich annual contract with MAXIM perform cost allocation study to during the fiscal year (FY) 201 6 preparations

DescriptionBackground Our cost allocation consultant firm MAXIMUS is perform the cost allocation study will utilized for the FY 2015shy

Clerks Office is to with MAXIMUS for the to finalizing the contract we of County

Page 1220 T

December 16 14

Commissioners confirm their for the utilization of allocation information in preparation the budget Budget is available in Clerk of Circuit Court

None proposed nrITrT amount of

Action Board annual contract for preparation of the cost allocation A motion was made by Com Bryant seconded by Commissioner

to proceed with the annual contract with MAXIMUS for preparation of the cost allocation program The motion was unanimously by the Board

acted Development

seconded by Upon motion on Attorney item 7

item 7 as follows

1 Human Resources item 701 Parks 1 Building item

7F1 through 9 and Transportation - County Eng

Contracts amp AgreementsProjects amp Programs - (7A 1) shyrecommendation Sales and Manager Development to and execute Coates Golf Agreement

DescriptionBackground The Golf Championship will be held at Ocala from 26-31 2015 is being sponsored by Marion County as outlined in Championship Sponsorship BudgetImpact Neutral Recommended Action Motion for approval of the Golf Championship Sponsorship

following1) - Accepted to adopt 14-R-647 amending

construction DescriptionBackground Current Resolution 14-R-555 was approved by the BCC on November 4 4 with an effective of November 14 New Florida Department of Health regulations currently additional plan reviews and inspections by licensed resulting in an processing from two to fifteen hours Request this be amended to include following new

Commercial Swimming Pools Fee $24700 New $75000 Commercial Swimming Pool Permit Modifications New Fee $15000

BudgetImpact Projected revenue $2000 Recommended Motion to approve uest to amend resolution

===c= - (7C1) Accepted following recommendation from Assistant County Administrator (ACA) Mounir Bouyounes on behalf of the Review Committee (DRC) to the final plat for Preserve 2 Subdivision a

of a portion of Golf amp Club Phases 1 A 1 C 10 On December 2014 the Review

Committee approved the Final Plat for the Ocala Preserve Phase 2 Subdivision and recommended Board authorize execution by the Chair and Clerk This

Book Page 1221

162014

subdivision is located in southwest portion of and contains 150 lots and 10 tracts on 4505 acres with 12 miles of BudgetImpact None Recommended Action Motion to approve the plat and to authorize the Chair and Clerk to same

=r==~~===~-=-=----==--=--===-~ - (7 D 1 ) shythe following recommendation from Operations Manager Deoram

Resources to execute Resolution 1 reclassifying a part time branch Library Supervisor I a part time Public Assistant within the Rainbow Lake Estates budget

DescriptionBackground The Rainbow Advisory uesting that we the Part Time Branch Library Supervisor I

a Part Time Public Assistant in to obtain and qualified individual BudgetImpact the position will in a savings of to Budget 7910 Recommended Action Motion to review and approve the attached resolution

a Library I position pay 10 to a Time Public Assistant pay grade 4 within

Lakes Estate budget 7910 as set forth in

1) - Accepted following recommendation from and Recreation Gina Peebles to the cannon donation to the

OcalaMarion County Memorial Park and King National Historic Landmark DescriptionBackground Mr Morrey Deen offered to donate a cannon (see attached photos) the OcalaMarion County Veterans Memorial and the

Fort King cannon will unless to be used as a static display for

special eventsfunctions At some point in future once a team volunteers is trained the cannon can fired There is no County in-kind labor (for transporting the cannon tofrom park) provided by and Recreation BudgetImpact None Recommended Action Motion to accept donation of the cannon and authorize staff to provide in-kind transportation

===== - (7F1) - It was noted for the record that the following Procurement Services Susan Olsen in to selecting

architectural and services on a continuing basis the community redevelopment area (CRA) was pulled from by Administrator

DescriptionBackground On behalf of Growth Services an RFQ for Architectural and with in community redevelopment (6) firms responded Selection Committee (Jim Couillard Elton Holland Ch Rison and Loretta Shaffer) evaluated all proposals based on qualifications ConSUltants Competitive Negotiations Act (CCNA) under FL Statutes three (3) respondents short-listed and provide presentations After presentations the Selection Committee determined Kimley Horn and

1222 Book T

December 16 2014

Associates Inc (KHA) was most qualified to perform the work based on relevant and recent experience in the community redevelopment area Negotiations were held with KHA and the following prices were established for a five (5) year period wIth no renewa I op Ions f

DESCRIPTION ORIGINAL RATES NEGOTIATED RATES

Administrative $7000 $5000 Architect Registered $15000 $13500 Architect Intern (Staff Architect) $100 00 $8500 CADD Technician $85 00 $8500 GIS Technician $13000 $8500 Principal Engineer $23000 $18500 Senior Engineer $19000 $15000 Professional Engineer $13000 $13000 Engineer (Staff Engineer) $15000 $10000 EIT (Engineering College Intern) $105 00 $6500 Principal Planner $23000 $18500 Senior Planner $19000 $13000 Planner $14000 $10000 Graphic Artist $12000 $8500 Principal Landscape Architect $200 00 $17500 Senior Landscape Architect (Registered Landscape Architect) $14500 $13000 Landscape Architect (Staff) $125 00 $85 00

Staff IS presenting the follOWing options to the Board Option one (1) reject all proposals and allow staff to perform limited in-house work within parameters of current funding or option two (2) award to the recommended vendor and assign work on a limited basis contingent on the available funds in the CRA BudgetImpact This approval carries no immediate expense If option two (2) is chosen fees will be determined as each task order is established those exceeding $50000 will be brought back before the Board for review and approved as separate project amendments Recommended Action Motion to approve one of the recommended options option one (1) reject all proposals and allow staff to perform limited in-house work or option two (2) staff to issue and upon approval by Legal authorize the Chairman to execute a contract with Kimley Horn under RFO 140-128

CommunicationsContracts amp Agreements - (7F2) - Accepted the following recommendation from Procurement Services Director Olsen to approve and execute the Addendum to Products and Services Agreement with CenturyLink Sales Solutions Inc relating to E911 pursuant to Contract No 11 C-045

DescriptionBackground CenturyLink Sales Solutions Inc is Marion Countys 9shy1-1 Equipment and Service provider Each year a service agreement is required for the software support of the AirBus 9-1-1 equipment and CenturyLink has managed that support since December 1 2010 The total cost of the contract is for the term October 1 2014 through March 31 2015 This agreement is only for six (6) months to bridge the gap between October 12014 and the replacement of the

Book T Page 1223

275 days of with

$3772 of the 02

14

softwaresystem was approved by contract has been reviewed and approved County

on November 18

attached for review is a copy of and his approval of the Agreement the equipment covered If approved by the today one (1) original will be presented for signatures the meeting nk accepts payment of this

by Procurement and Procurement recommends payment using this method

Equipment Agreement not Per Department provided

06 and allow Chairman

between Marion County and CenturyLink Solutions Inc for relating to the under 11 C-045-CA-04 Ulrough the term ending March 31 2015

AirportsContracts amp Agreements - (7 Accepted the following recommendation from Procurement Services Director to approve and the

BudgetImpact for the Service and $72406 six (6) month

in account Motion approve

the renewal for Software Support

Amendment to the with Hoyle amp Associates Inc for the re-of north-south pursuant No 120-082

On March 201 Hoyle Tanner and Inc to the Marion County Airport This project is for of the re-pave which will a 50 wide x 3700 long and includes installation of taxiway lights and markings and illuminated signage According to 4 Pavement Report the Florida Department of Transportation (FOOT) given this taxiways Pavement Condition Index (PCI) an average rating of considered poor and below minimum of This project includes design and construction will be funded through joint participation with

approved a Consulting for

Aviation (FAA) and 90 funding by AlP 8 funding by FOOT and 2 Dunnellon Airport Authority The final design will available and ready to HTA being the of record entire Attached for review is a draft of the contract with the fee sched Exhibit A Pend approval at todays it will be forwarded firm for execution as written and upon return will processed for County Attorney Clerk and ChairmanS signatures BudgetImpact expenditure amount is $188600 information provided

the GrantFAA 90 8 joint participation fund will County is responsible for only 2

contract value funding is account Recommended Action Motion to recommendation Chair to project amendment with Hoyle Tanner the re-pave of north-south taxiway project under RFO 1

=====--=--==== - (7 F4) - the following recommendation from Procurement Services Director Olsen to approve and execute the

Purchase ule No 810-6708862-002 to Master Agreement No with Dell Services to 2 Dell EqualLogic (Storage Area

1 Book T

December 16 2014

Networks) with supporting NAS (Network-attached storage) controllers pursuant to Contract No 15C-043

DescriptionBackground On June 18 2013 the Board approved 13ST-168 Standardization of Dell for all servers enterprise storage (networked and direct attached) rack infrastructure (enclosures power management and consoles) data protection and enterprise appliances including associated software peripherals accessories professional services and warranties for the items below and for future purchases Information Technology (IT) is requesting Board approval to proceed with the signing of a five (5) year 0 lease agreement to purchase two (2) Dell EqualLogic Storage Area Network (SANs) with supporting Network Attached Storage (NAS) controllers These replacement SANs are the storage devices for the Countys mission critical server infrastructure This lease includes the hardware and five (5) years of maintenance and support This solution will replace two of the Countys current end-of-lifesupport EqualLogic SANs The total cost of this five (5) year lease agreement is $10058014 the first annual payment of $2011603 will be paid from the FY 1415 budget Attached for review is the contract for approval at todays meeting Original contract has been presented to and approved by the Assistant County Attorney Robert Zachary and pending approval at todays meeting one (1) signed original will be presented for the Board ChairmanS signature BudgetImpact Neutral the annual cost shall not exceed $2011603 Per department provided information sufficient funding exists in accounts 2510shy571201 Recommended Action Motion to approve recommendation and authorize the Chairman to execute the contract with Dell Financial Services under contract 15Cshy043

Contracts amp AgreementsProjects amp Programs - (7F5) - The Board considered the following recommendation from Procurement Services Director Olsen regarding an Agreement Between County and Consultant with Jones Edmunds amp Associates Inc (JEA) for hydrogeologic consultation services relating to alternative water supply planning pursuant to RFO No 140-124

DescriptionBackground On September 16 2014 the Board approved a request to negotiate with Jones Edmunds amp Associates Inc (JEA) at a later date for Hydrogeologic Consultation Services RFO Staff has negotiated with the firm and has agree d t 0 therates b I eow Classification Hourly Rate Classification Hourly Rate Project Manager $15550 GIS Programmer

Analyst $75 00

Principal Engineer $175 00 Field Technician $5300 Project Engineer $114 00 Senior Administrative

Assistant $4500

Geologist $130 00 Administrative Assistant $4000 Scientist $130 00 Project Surveyor amp

Mapper $11400

Hydrogeologist $98 50 Survey Technician $7800

Book T Page 1225

December 16 14

Commissioners confirm their for the utilization of allocation information in preparation the budget Budget is available in Clerk of Circuit Court

None proposed nrITrT amount of

Action Board annual contract for preparation of the cost allocation A motion was made by Com Bryant seconded by Commissioner

to proceed with the annual contract with MAXIMUS for preparation of the cost allocation program The motion was unanimously by the Board

acted Development

seconded by Upon motion on Attorney item 7

item 7 as follows

1 Human Resources item 701 Parks 1 Building item

7F1 through 9 and Transportation - County Eng

Contracts amp AgreementsProjects amp Programs - (7A 1) shyrecommendation Sales and Manager Development to and execute Coates Golf Agreement

DescriptionBackground The Golf Championship will be held at Ocala from 26-31 2015 is being sponsored by Marion County as outlined in Championship Sponsorship BudgetImpact Neutral Recommended Action Motion for approval of the Golf Championship Sponsorship

following1) - Accepted to adopt 14-R-647 amending

construction DescriptionBackground Current Resolution 14-R-555 was approved by the BCC on November 4 4 with an effective of November 14 New Florida Department of Health regulations currently additional plan reviews and inspections by licensed resulting in an processing from two to fifteen hours Request this be amended to include following new

Commercial Swimming Pools Fee $24700 New $75000 Commercial Swimming Pool Permit Modifications New Fee $15000

BudgetImpact Projected revenue $2000 Recommended Motion to approve uest to amend resolution

===c= - (7C1) Accepted following recommendation from Assistant County Administrator (ACA) Mounir Bouyounes on behalf of the Review Committee (DRC) to the final plat for Preserve 2 Subdivision a

of a portion of Golf amp Club Phases 1 A 1 C 10 On December 2014 the Review

Committee approved the Final Plat for the Ocala Preserve Phase 2 Subdivision and recommended Board authorize execution by the Chair and Clerk This

Book Page 1221

162014

subdivision is located in southwest portion of and contains 150 lots and 10 tracts on 4505 acres with 12 miles of BudgetImpact None Recommended Action Motion to approve the plat and to authorize the Chair and Clerk to same

=r==~~===~-=-=----==--=--===-~ - (7 D 1 ) shythe following recommendation from Operations Manager Deoram

Resources to execute Resolution 1 reclassifying a part time branch Library Supervisor I a part time Public Assistant within the Rainbow Lake Estates budget

DescriptionBackground The Rainbow Advisory uesting that we the Part Time Branch Library Supervisor I

a Part Time Public Assistant in to obtain and qualified individual BudgetImpact the position will in a savings of to Budget 7910 Recommended Action Motion to review and approve the attached resolution

a Library I position pay 10 to a Time Public Assistant pay grade 4 within

Lakes Estate budget 7910 as set forth in

1) - Accepted following recommendation from and Recreation Gina Peebles to the cannon donation to the

OcalaMarion County Memorial Park and King National Historic Landmark DescriptionBackground Mr Morrey Deen offered to donate a cannon (see attached photos) the OcalaMarion County Veterans Memorial and the

Fort King cannon will unless to be used as a static display for

special eventsfunctions At some point in future once a team volunteers is trained the cannon can fired There is no County in-kind labor (for transporting the cannon tofrom park) provided by and Recreation BudgetImpact None Recommended Action Motion to accept donation of the cannon and authorize staff to provide in-kind transportation

===== - (7F1) - It was noted for the record that the following Procurement Services Susan Olsen in to selecting

architectural and services on a continuing basis the community redevelopment area (CRA) was pulled from by Administrator

DescriptionBackground On behalf of Growth Services an RFQ for Architectural and with in community redevelopment (6) firms responded Selection Committee (Jim Couillard Elton Holland Ch Rison and Loretta Shaffer) evaluated all proposals based on qualifications ConSUltants Competitive Negotiations Act (CCNA) under FL Statutes three (3) respondents short-listed and provide presentations After presentations the Selection Committee determined Kimley Horn and

1222 Book T

December 16 2014

Associates Inc (KHA) was most qualified to perform the work based on relevant and recent experience in the community redevelopment area Negotiations were held with KHA and the following prices were established for a five (5) year period wIth no renewa I op Ions f

DESCRIPTION ORIGINAL RATES NEGOTIATED RATES

Administrative $7000 $5000 Architect Registered $15000 $13500 Architect Intern (Staff Architect) $100 00 $8500 CADD Technician $85 00 $8500 GIS Technician $13000 $8500 Principal Engineer $23000 $18500 Senior Engineer $19000 $15000 Professional Engineer $13000 $13000 Engineer (Staff Engineer) $15000 $10000 EIT (Engineering College Intern) $105 00 $6500 Principal Planner $23000 $18500 Senior Planner $19000 $13000 Planner $14000 $10000 Graphic Artist $12000 $8500 Principal Landscape Architect $200 00 $17500 Senior Landscape Architect (Registered Landscape Architect) $14500 $13000 Landscape Architect (Staff) $125 00 $85 00

Staff IS presenting the follOWing options to the Board Option one (1) reject all proposals and allow staff to perform limited in-house work within parameters of current funding or option two (2) award to the recommended vendor and assign work on a limited basis contingent on the available funds in the CRA BudgetImpact This approval carries no immediate expense If option two (2) is chosen fees will be determined as each task order is established those exceeding $50000 will be brought back before the Board for review and approved as separate project amendments Recommended Action Motion to approve one of the recommended options option one (1) reject all proposals and allow staff to perform limited in-house work or option two (2) staff to issue and upon approval by Legal authorize the Chairman to execute a contract with Kimley Horn under RFO 140-128

CommunicationsContracts amp Agreements - (7F2) - Accepted the following recommendation from Procurement Services Director Olsen to approve and execute the Addendum to Products and Services Agreement with CenturyLink Sales Solutions Inc relating to E911 pursuant to Contract No 11 C-045

DescriptionBackground CenturyLink Sales Solutions Inc is Marion Countys 9shy1-1 Equipment and Service provider Each year a service agreement is required for the software support of the AirBus 9-1-1 equipment and CenturyLink has managed that support since December 1 2010 The total cost of the contract is for the term October 1 2014 through March 31 2015 This agreement is only for six (6) months to bridge the gap between October 12014 and the replacement of the

Book T Page 1223

275 days of with

$3772 of the 02

14

softwaresystem was approved by contract has been reviewed and approved County

on November 18

attached for review is a copy of and his approval of the Agreement the equipment covered If approved by the today one (1) original will be presented for signatures the meeting nk accepts payment of this

by Procurement and Procurement recommends payment using this method

Equipment Agreement not Per Department provided

06 and allow Chairman

between Marion County and CenturyLink Solutions Inc for relating to the under 11 C-045-CA-04 Ulrough the term ending March 31 2015

AirportsContracts amp Agreements - (7 Accepted the following recommendation from Procurement Services Director to approve and the

BudgetImpact for the Service and $72406 six (6) month

in account Motion approve

the renewal for Software Support

Amendment to the with Hoyle amp Associates Inc for the re-of north-south pursuant No 120-082

On March 201 Hoyle Tanner and Inc to the Marion County Airport This project is for of the re-pave which will a 50 wide x 3700 long and includes installation of taxiway lights and markings and illuminated signage According to 4 Pavement Report the Florida Department of Transportation (FOOT) given this taxiways Pavement Condition Index (PCI) an average rating of considered poor and below minimum of This project includes design and construction will be funded through joint participation with

approved a Consulting for

Aviation (FAA) and 90 funding by AlP 8 funding by FOOT and 2 Dunnellon Airport Authority The final design will available and ready to HTA being the of record entire Attached for review is a draft of the contract with the fee sched Exhibit A Pend approval at todays it will be forwarded firm for execution as written and upon return will processed for County Attorney Clerk and ChairmanS signatures BudgetImpact expenditure amount is $188600 information provided

the GrantFAA 90 8 joint participation fund will County is responsible for only 2

contract value funding is account Recommended Action Motion to recommendation Chair to project amendment with Hoyle Tanner the re-pave of north-south taxiway project under RFO 1

=====--=--==== - (7 F4) - the following recommendation from Procurement Services Director Olsen to approve and execute the

Purchase ule No 810-6708862-002 to Master Agreement No with Dell Services to 2 Dell EqualLogic (Storage Area

1 Book T

December 16 2014

Networks) with supporting NAS (Network-attached storage) controllers pursuant to Contract No 15C-043

DescriptionBackground On June 18 2013 the Board approved 13ST-168 Standardization of Dell for all servers enterprise storage (networked and direct attached) rack infrastructure (enclosures power management and consoles) data protection and enterprise appliances including associated software peripherals accessories professional services and warranties for the items below and for future purchases Information Technology (IT) is requesting Board approval to proceed with the signing of a five (5) year 0 lease agreement to purchase two (2) Dell EqualLogic Storage Area Network (SANs) with supporting Network Attached Storage (NAS) controllers These replacement SANs are the storage devices for the Countys mission critical server infrastructure This lease includes the hardware and five (5) years of maintenance and support This solution will replace two of the Countys current end-of-lifesupport EqualLogic SANs The total cost of this five (5) year lease agreement is $10058014 the first annual payment of $2011603 will be paid from the FY 1415 budget Attached for review is the contract for approval at todays meeting Original contract has been presented to and approved by the Assistant County Attorney Robert Zachary and pending approval at todays meeting one (1) signed original will be presented for the Board ChairmanS signature BudgetImpact Neutral the annual cost shall not exceed $2011603 Per department provided information sufficient funding exists in accounts 2510shy571201 Recommended Action Motion to approve recommendation and authorize the Chairman to execute the contract with Dell Financial Services under contract 15Cshy043

Contracts amp AgreementsProjects amp Programs - (7F5) - The Board considered the following recommendation from Procurement Services Director Olsen regarding an Agreement Between County and Consultant with Jones Edmunds amp Associates Inc (JEA) for hydrogeologic consultation services relating to alternative water supply planning pursuant to RFO No 140-124

DescriptionBackground On September 16 2014 the Board approved a request to negotiate with Jones Edmunds amp Associates Inc (JEA) at a later date for Hydrogeologic Consultation Services RFO Staff has negotiated with the firm and has agree d t 0 therates b I eow Classification Hourly Rate Classification Hourly Rate Project Manager $15550 GIS Programmer

Analyst $75 00

Principal Engineer $175 00 Field Technician $5300 Project Engineer $114 00 Senior Administrative

Assistant $4500

Geologist $130 00 Administrative Assistant $4000 Scientist $130 00 Project Surveyor amp

Mapper $11400

Hydrogeologist $98 50 Survey Technician $7800

Book T Page 1225

162014

subdivision is located in southwest portion of and contains 150 lots and 10 tracts on 4505 acres with 12 miles of BudgetImpact None Recommended Action Motion to approve the plat and to authorize the Chair and Clerk to same

=r==~~===~-=-=----==--=--===-~ - (7 D 1 ) shythe following recommendation from Operations Manager Deoram

Resources to execute Resolution 1 reclassifying a part time branch Library Supervisor I a part time Public Assistant within the Rainbow Lake Estates budget

DescriptionBackground The Rainbow Advisory uesting that we the Part Time Branch Library Supervisor I

a Part Time Public Assistant in to obtain and qualified individual BudgetImpact the position will in a savings of to Budget 7910 Recommended Action Motion to review and approve the attached resolution

a Library I position pay 10 to a Time Public Assistant pay grade 4 within

Lakes Estate budget 7910 as set forth in

1) - Accepted following recommendation from and Recreation Gina Peebles to the cannon donation to the

OcalaMarion County Memorial Park and King National Historic Landmark DescriptionBackground Mr Morrey Deen offered to donate a cannon (see attached photos) the OcalaMarion County Veterans Memorial and the

Fort King cannon will unless to be used as a static display for

special eventsfunctions At some point in future once a team volunteers is trained the cannon can fired There is no County in-kind labor (for transporting the cannon tofrom park) provided by and Recreation BudgetImpact None Recommended Action Motion to accept donation of the cannon and authorize staff to provide in-kind transportation

===== - (7F1) - It was noted for the record that the following Procurement Services Susan Olsen in to selecting

architectural and services on a continuing basis the community redevelopment area (CRA) was pulled from by Administrator

DescriptionBackground On behalf of Growth Services an RFQ for Architectural and with in community redevelopment (6) firms responded Selection Committee (Jim Couillard Elton Holland Ch Rison and Loretta Shaffer) evaluated all proposals based on qualifications ConSUltants Competitive Negotiations Act (CCNA) under FL Statutes three (3) respondents short-listed and provide presentations After presentations the Selection Committee determined Kimley Horn and

1222 Book T

December 16 2014

Associates Inc (KHA) was most qualified to perform the work based on relevant and recent experience in the community redevelopment area Negotiations were held with KHA and the following prices were established for a five (5) year period wIth no renewa I op Ions f

DESCRIPTION ORIGINAL RATES NEGOTIATED RATES

Administrative $7000 $5000 Architect Registered $15000 $13500 Architect Intern (Staff Architect) $100 00 $8500 CADD Technician $85 00 $8500 GIS Technician $13000 $8500 Principal Engineer $23000 $18500 Senior Engineer $19000 $15000 Professional Engineer $13000 $13000 Engineer (Staff Engineer) $15000 $10000 EIT (Engineering College Intern) $105 00 $6500 Principal Planner $23000 $18500 Senior Planner $19000 $13000 Planner $14000 $10000 Graphic Artist $12000 $8500 Principal Landscape Architect $200 00 $17500 Senior Landscape Architect (Registered Landscape Architect) $14500 $13000 Landscape Architect (Staff) $125 00 $85 00

Staff IS presenting the follOWing options to the Board Option one (1) reject all proposals and allow staff to perform limited in-house work within parameters of current funding or option two (2) award to the recommended vendor and assign work on a limited basis contingent on the available funds in the CRA BudgetImpact This approval carries no immediate expense If option two (2) is chosen fees will be determined as each task order is established those exceeding $50000 will be brought back before the Board for review and approved as separate project amendments Recommended Action Motion to approve one of the recommended options option one (1) reject all proposals and allow staff to perform limited in-house work or option two (2) staff to issue and upon approval by Legal authorize the Chairman to execute a contract with Kimley Horn under RFO 140-128

CommunicationsContracts amp Agreements - (7F2) - Accepted the following recommendation from Procurement Services Director Olsen to approve and execute the Addendum to Products and Services Agreement with CenturyLink Sales Solutions Inc relating to E911 pursuant to Contract No 11 C-045

DescriptionBackground CenturyLink Sales Solutions Inc is Marion Countys 9shy1-1 Equipment and Service provider Each year a service agreement is required for the software support of the AirBus 9-1-1 equipment and CenturyLink has managed that support since December 1 2010 The total cost of the contract is for the term October 1 2014 through March 31 2015 This agreement is only for six (6) months to bridge the gap between October 12014 and the replacement of the

Book T Page 1223

275 days of with

$3772 of the 02

14

softwaresystem was approved by contract has been reviewed and approved County

on November 18

attached for review is a copy of and his approval of the Agreement the equipment covered If approved by the today one (1) original will be presented for signatures the meeting nk accepts payment of this

by Procurement and Procurement recommends payment using this method

Equipment Agreement not Per Department provided

06 and allow Chairman

between Marion County and CenturyLink Solutions Inc for relating to the under 11 C-045-CA-04 Ulrough the term ending March 31 2015

AirportsContracts amp Agreements - (7 Accepted the following recommendation from Procurement Services Director to approve and the

BudgetImpact for the Service and $72406 six (6) month

in account Motion approve

the renewal for Software Support

Amendment to the with Hoyle amp Associates Inc for the re-of north-south pursuant No 120-082

On March 201 Hoyle Tanner and Inc to the Marion County Airport This project is for of the re-pave which will a 50 wide x 3700 long and includes installation of taxiway lights and markings and illuminated signage According to 4 Pavement Report the Florida Department of Transportation (FOOT) given this taxiways Pavement Condition Index (PCI) an average rating of considered poor and below minimum of This project includes design and construction will be funded through joint participation with

approved a Consulting for

Aviation (FAA) and 90 funding by AlP 8 funding by FOOT and 2 Dunnellon Airport Authority The final design will available and ready to HTA being the of record entire Attached for review is a draft of the contract with the fee sched Exhibit A Pend approval at todays it will be forwarded firm for execution as written and upon return will processed for County Attorney Clerk and ChairmanS signatures BudgetImpact expenditure amount is $188600 information provided

the GrantFAA 90 8 joint participation fund will County is responsible for only 2

contract value funding is account Recommended Action Motion to recommendation Chair to project amendment with Hoyle Tanner the re-pave of north-south taxiway project under RFO 1

=====--=--==== - (7 F4) - the following recommendation from Procurement Services Director Olsen to approve and execute the

Purchase ule No 810-6708862-002 to Master Agreement No with Dell Services to 2 Dell EqualLogic (Storage Area

1 Book T

December 16 2014

Networks) with supporting NAS (Network-attached storage) controllers pursuant to Contract No 15C-043

DescriptionBackground On June 18 2013 the Board approved 13ST-168 Standardization of Dell for all servers enterprise storage (networked and direct attached) rack infrastructure (enclosures power management and consoles) data protection and enterprise appliances including associated software peripherals accessories professional services and warranties for the items below and for future purchases Information Technology (IT) is requesting Board approval to proceed with the signing of a five (5) year 0 lease agreement to purchase two (2) Dell EqualLogic Storage Area Network (SANs) with supporting Network Attached Storage (NAS) controllers These replacement SANs are the storage devices for the Countys mission critical server infrastructure This lease includes the hardware and five (5) years of maintenance and support This solution will replace two of the Countys current end-of-lifesupport EqualLogic SANs The total cost of this five (5) year lease agreement is $10058014 the first annual payment of $2011603 will be paid from the FY 1415 budget Attached for review is the contract for approval at todays meeting Original contract has been presented to and approved by the Assistant County Attorney Robert Zachary and pending approval at todays meeting one (1) signed original will be presented for the Board ChairmanS signature BudgetImpact Neutral the annual cost shall not exceed $2011603 Per department provided information sufficient funding exists in accounts 2510shy571201 Recommended Action Motion to approve recommendation and authorize the Chairman to execute the contract with Dell Financial Services under contract 15Cshy043

Contracts amp AgreementsProjects amp Programs - (7F5) - The Board considered the following recommendation from Procurement Services Director Olsen regarding an Agreement Between County and Consultant with Jones Edmunds amp Associates Inc (JEA) for hydrogeologic consultation services relating to alternative water supply planning pursuant to RFO No 140-124

DescriptionBackground On September 16 2014 the Board approved a request to negotiate with Jones Edmunds amp Associates Inc (JEA) at a later date for Hydrogeologic Consultation Services RFO Staff has negotiated with the firm and has agree d t 0 therates b I eow Classification Hourly Rate Classification Hourly Rate Project Manager $15550 GIS Programmer

Analyst $75 00

Principal Engineer $175 00 Field Technician $5300 Project Engineer $114 00 Senior Administrative

Assistant $4500

Geologist $130 00 Administrative Assistant $4000 Scientist $130 00 Project Surveyor amp

Mapper $11400

Hydrogeologist $98 50 Survey Technician $7800

Book T Page 1225

December 16 2014

Associates Inc (KHA) was most qualified to perform the work based on relevant and recent experience in the community redevelopment area Negotiations were held with KHA and the following prices were established for a five (5) year period wIth no renewa I op Ions f

DESCRIPTION ORIGINAL RATES NEGOTIATED RATES

Administrative $7000 $5000 Architect Registered $15000 $13500 Architect Intern (Staff Architect) $100 00 $8500 CADD Technician $85 00 $8500 GIS Technician $13000 $8500 Principal Engineer $23000 $18500 Senior Engineer $19000 $15000 Professional Engineer $13000 $13000 Engineer (Staff Engineer) $15000 $10000 EIT (Engineering College Intern) $105 00 $6500 Principal Planner $23000 $18500 Senior Planner $19000 $13000 Planner $14000 $10000 Graphic Artist $12000 $8500 Principal Landscape Architect $200 00 $17500 Senior Landscape Architect (Registered Landscape Architect) $14500 $13000 Landscape Architect (Staff) $125 00 $85 00

Staff IS presenting the follOWing options to the Board Option one (1) reject all proposals and allow staff to perform limited in-house work within parameters of current funding or option two (2) award to the recommended vendor and assign work on a limited basis contingent on the available funds in the CRA BudgetImpact This approval carries no immediate expense If option two (2) is chosen fees will be determined as each task order is established those exceeding $50000 will be brought back before the Board for review and approved as separate project amendments Recommended Action Motion to approve one of the recommended options option one (1) reject all proposals and allow staff to perform limited in-house work or option two (2) staff to issue and upon approval by Legal authorize the Chairman to execute a contract with Kimley Horn under RFO 140-128

CommunicationsContracts amp Agreements - (7F2) - Accepted the following recommendation from Procurement Services Director Olsen to approve and execute the Addendum to Products and Services Agreement with CenturyLink Sales Solutions Inc relating to E911 pursuant to Contract No 11 C-045

DescriptionBackground CenturyLink Sales Solutions Inc is Marion Countys 9shy1-1 Equipment and Service provider Each year a service agreement is required for the software support of the AirBus 9-1-1 equipment and CenturyLink has managed that support since December 1 2010 The total cost of the contract is for the term October 1 2014 through March 31 2015 This agreement is only for six (6) months to bridge the gap between October 12014 and the replacement of the

Book T Page 1223

275 days of with

$3772 of the 02

14

softwaresystem was approved by contract has been reviewed and approved County

on November 18

attached for review is a copy of and his approval of the Agreement the equipment covered If approved by the today one (1) original will be presented for signatures the meeting nk accepts payment of this

by Procurement and Procurement recommends payment using this method

Equipment Agreement not Per Department provided

06 and allow Chairman

between Marion County and CenturyLink Solutions Inc for relating to the under 11 C-045-CA-04 Ulrough the term ending March 31 2015

AirportsContracts amp Agreements - (7 Accepted the following recommendation from Procurement Services Director to approve and the

BudgetImpact for the Service and $72406 six (6) month

in account Motion approve

the renewal for Software Support

Amendment to the with Hoyle amp Associates Inc for the re-of north-south pursuant No 120-082

On March 201 Hoyle Tanner and Inc to the Marion County Airport This project is for of the re-pave which will a 50 wide x 3700 long and includes installation of taxiway lights and markings and illuminated signage According to 4 Pavement Report the Florida Department of Transportation (FOOT) given this taxiways Pavement Condition Index (PCI) an average rating of considered poor and below minimum of This project includes design and construction will be funded through joint participation with

approved a Consulting for

Aviation (FAA) and 90 funding by AlP 8 funding by FOOT and 2 Dunnellon Airport Authority The final design will available and ready to HTA being the of record entire Attached for review is a draft of the contract with the fee sched Exhibit A Pend approval at todays it will be forwarded firm for execution as written and upon return will processed for County Attorney Clerk and ChairmanS signatures BudgetImpact expenditure amount is $188600 information provided

the GrantFAA 90 8 joint participation fund will County is responsible for only 2

contract value funding is account Recommended Action Motion to recommendation Chair to project amendment with Hoyle Tanner the re-pave of north-south taxiway project under RFO 1

=====--=--==== - (7 F4) - the following recommendation from Procurement Services Director Olsen to approve and execute the

Purchase ule No 810-6708862-002 to Master Agreement No with Dell Services to 2 Dell EqualLogic (Storage Area

1 Book T

December 16 2014

Networks) with supporting NAS (Network-attached storage) controllers pursuant to Contract No 15C-043

DescriptionBackground On June 18 2013 the Board approved 13ST-168 Standardization of Dell for all servers enterprise storage (networked and direct attached) rack infrastructure (enclosures power management and consoles) data protection and enterprise appliances including associated software peripherals accessories professional services and warranties for the items below and for future purchases Information Technology (IT) is requesting Board approval to proceed with the signing of a five (5) year 0 lease agreement to purchase two (2) Dell EqualLogic Storage Area Network (SANs) with supporting Network Attached Storage (NAS) controllers These replacement SANs are the storage devices for the Countys mission critical server infrastructure This lease includes the hardware and five (5) years of maintenance and support This solution will replace two of the Countys current end-of-lifesupport EqualLogic SANs The total cost of this five (5) year lease agreement is $10058014 the first annual payment of $2011603 will be paid from the FY 1415 budget Attached for review is the contract for approval at todays meeting Original contract has been presented to and approved by the Assistant County Attorney Robert Zachary and pending approval at todays meeting one (1) signed original will be presented for the Board ChairmanS signature BudgetImpact Neutral the annual cost shall not exceed $2011603 Per department provided information sufficient funding exists in accounts 2510shy571201 Recommended Action Motion to approve recommendation and authorize the Chairman to execute the contract with Dell Financial Services under contract 15Cshy043

Contracts amp AgreementsProjects amp Programs - (7F5) - The Board considered the following recommendation from Procurement Services Director Olsen regarding an Agreement Between County and Consultant with Jones Edmunds amp Associates Inc (JEA) for hydrogeologic consultation services relating to alternative water supply planning pursuant to RFO No 140-124

DescriptionBackground On September 16 2014 the Board approved a request to negotiate with Jones Edmunds amp Associates Inc (JEA) at a later date for Hydrogeologic Consultation Services RFO Staff has negotiated with the firm and has agree d t 0 therates b I eow Classification Hourly Rate Classification Hourly Rate Project Manager $15550 GIS Programmer

Analyst $75 00

Principal Engineer $175 00 Field Technician $5300 Project Engineer $114 00 Senior Administrative

Assistant $4500

Geologist $130 00 Administrative Assistant $4000 Scientist $130 00 Project Surveyor amp

Mapper $11400

Hydrogeologist $98 50 Survey Technician $7800

Book T Page 1225

275 days of with

$3772 of the 02

14

softwaresystem was approved by contract has been reviewed and approved County

on November 18

attached for review is a copy of and his approval of the Agreement the equipment covered If approved by the today one (1) original will be presented for signatures the meeting nk accepts payment of this

by Procurement and Procurement recommends payment using this method

Equipment Agreement not Per Department provided

06 and allow Chairman

between Marion County and CenturyLink Solutions Inc for relating to the under 11 C-045-CA-04 Ulrough the term ending March 31 2015

AirportsContracts amp Agreements - (7 Accepted the following recommendation from Procurement Services Director to approve and the

BudgetImpact for the Service and $72406 six (6) month

in account Motion approve

the renewal for Software Support

Amendment to the with Hoyle amp Associates Inc for the re-of north-south pursuant No 120-082

On March 201 Hoyle Tanner and Inc to the Marion County Airport This project is for of the re-pave which will a 50 wide x 3700 long and includes installation of taxiway lights and markings and illuminated signage According to 4 Pavement Report the Florida Department of Transportation (FOOT) given this taxiways Pavement Condition Index (PCI) an average rating of considered poor and below minimum of This project includes design and construction will be funded through joint participation with

approved a Consulting for

Aviation (FAA) and 90 funding by AlP 8 funding by FOOT and 2 Dunnellon Airport Authority The final design will available and ready to HTA being the of record entire Attached for review is a draft of the contract with the fee sched Exhibit A Pend approval at todays it will be forwarded firm for execution as written and upon return will processed for County Attorney Clerk and ChairmanS signatures BudgetImpact expenditure amount is $188600 information provided

the GrantFAA 90 8 joint participation fund will County is responsible for only 2

contract value funding is account Recommended Action Motion to recommendation Chair to project amendment with Hoyle Tanner the re-pave of north-south taxiway project under RFO 1

=====--=--==== - (7 F4) - the following recommendation from Procurement Services Director Olsen to approve and execute the

Purchase ule No 810-6708862-002 to Master Agreement No with Dell Services to 2 Dell EqualLogic (Storage Area

1 Book T

December 16 2014

Networks) with supporting NAS (Network-attached storage) controllers pursuant to Contract No 15C-043

DescriptionBackground On June 18 2013 the Board approved 13ST-168 Standardization of Dell for all servers enterprise storage (networked and direct attached) rack infrastructure (enclosures power management and consoles) data protection and enterprise appliances including associated software peripherals accessories professional services and warranties for the items below and for future purchases Information Technology (IT) is requesting Board approval to proceed with the signing of a five (5) year 0 lease agreement to purchase two (2) Dell EqualLogic Storage Area Network (SANs) with supporting Network Attached Storage (NAS) controllers These replacement SANs are the storage devices for the Countys mission critical server infrastructure This lease includes the hardware and five (5) years of maintenance and support This solution will replace two of the Countys current end-of-lifesupport EqualLogic SANs The total cost of this five (5) year lease agreement is $10058014 the first annual payment of $2011603 will be paid from the FY 1415 budget Attached for review is the contract for approval at todays meeting Original contract has been presented to and approved by the Assistant County Attorney Robert Zachary and pending approval at todays meeting one (1) signed original will be presented for the Board ChairmanS signature BudgetImpact Neutral the annual cost shall not exceed $2011603 Per department provided information sufficient funding exists in accounts 2510shy571201 Recommended Action Motion to approve recommendation and authorize the Chairman to execute the contract with Dell Financial Services under contract 15Cshy043

Contracts amp AgreementsProjects amp Programs - (7F5) - The Board considered the following recommendation from Procurement Services Director Olsen regarding an Agreement Between County and Consultant with Jones Edmunds amp Associates Inc (JEA) for hydrogeologic consultation services relating to alternative water supply planning pursuant to RFO No 140-124

DescriptionBackground On September 16 2014 the Board approved a request to negotiate with Jones Edmunds amp Associates Inc (JEA) at a later date for Hydrogeologic Consultation Services RFO Staff has negotiated with the firm and has agree d t 0 therates b I eow Classification Hourly Rate Classification Hourly Rate Project Manager $15550 GIS Programmer

Analyst $75 00

Principal Engineer $175 00 Field Technician $5300 Project Engineer $114 00 Senior Administrative

Assistant $4500

Geologist $130 00 Administrative Assistant $4000 Scientist $130 00 Project Surveyor amp

Mapper $11400

Hydrogeologist $98 50 Survey Technician $7800

Book T Page 1225

December 16 2014

Networks) with supporting NAS (Network-attached storage) controllers pursuant to Contract No 15C-043

DescriptionBackground On June 18 2013 the Board approved 13ST-168 Standardization of Dell for all servers enterprise storage (networked and direct attached) rack infrastructure (enclosures power management and consoles) data protection and enterprise appliances including associated software peripherals accessories professional services and warranties for the items below and for future purchases Information Technology (IT) is requesting Board approval to proceed with the signing of a five (5) year 0 lease agreement to purchase two (2) Dell EqualLogic Storage Area Network (SANs) with supporting Network Attached Storage (NAS) controllers These replacement SANs are the storage devices for the Countys mission critical server infrastructure This lease includes the hardware and five (5) years of maintenance and support This solution will replace two of the Countys current end-of-lifesupport EqualLogic SANs The total cost of this five (5) year lease agreement is $10058014 the first annual payment of $2011603 will be paid from the FY 1415 budget Attached for review is the contract for approval at todays meeting Original contract has been presented to and approved by the Assistant County Attorney Robert Zachary and pending approval at todays meeting one (1) signed original will be presented for the Board ChairmanS signature BudgetImpact Neutral the annual cost shall not exceed $2011603 Per department provided information sufficient funding exists in accounts 2510shy571201 Recommended Action Motion to approve recommendation and authorize the Chairman to execute the contract with Dell Financial Services under contract 15Cshy043

Contracts amp AgreementsProjects amp Programs - (7F5) - The Board considered the following recommendation from Procurement Services Director Olsen regarding an Agreement Between County and Consultant with Jones Edmunds amp Associates Inc (JEA) for hydrogeologic consultation services relating to alternative water supply planning pursuant to RFO No 140-124

DescriptionBackground On September 16 2014 the Board approved a request to negotiate with Jones Edmunds amp Associates Inc (JEA) at a later date for Hydrogeologic Consultation Services RFO Staff has negotiated with the firm and has agree d t 0 therates b I eow Classification Hourly Rate Classification Hourly Rate Project Manager $15550 GIS Programmer

Analyst $75 00

Principal Engineer $175 00 Field Technician $5300 Project Engineer $114 00 Senior Administrative

Assistant $4500

Geologist $130 00 Administrative Assistant $4000 Scientist $130 00 Project Surveyor amp

Mapper $11400

Hydrogeologist $98 50 Survey Technician $7800

Book T Page 1225

December 162014

Groundwater Modeler $12950 3-Person Survey Crew $13450 Field Geotechnician $7500 Principal Planner $181 00

Environmental Specialist $7250 Senior Planner $15550 Staff Engineer GeologistScientist

$8800 Associate Planner $11400

GISCADD Designer $8300 Planning Analyst $88 00 GISCADD Technician $6200

Devo has the pnmary contract for these services JEA will only be used for portions of the workload which Devo is unable to perform and is expected to be minimal The initial contract term is three (3) years and may be renewed for up to two (2) additional years if the need still exists Projects at this time are not defined individual projects will be miscellaneous in scope of varied size and complexity Attached for review is a copy of JEAs draft contract Pending approval at todays meeting it will be sent as written and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact This approval carries no immediate expense Fees will be determined as each task order is established those exceeding $50000 will be brought back before the Board for review and approved as separate project amendments Recommended Action Motion to approve the recommendation and allow staff to issue and upon approval by Legal authorize the Chairman to execute a contract with JEA for services under RFO 140-124 Commissioner Zalak advised that Devo Engineering Services was previously

contracted by the County to develop the alternative water supply planning noting he was unsure why that company is not performing the hydrogeologic consultation services

Chairman McClain noted he would feel more comfortable letting Devo Engineering take the lead if it needed to hire another company to help with part of the workload

ACA Bouyounes clarified that Devo Seereeram from Devo Engineering will be the lead consultant developing the alternative water supply plan noting JEA will only be used for portions of the workload which Devo is unable to perform over the next five years

General discussion ensued A motion was made by Commissioner Zalak seconded by Commissioner Moore

to approve and execute the Agreement Between County and Consultant upon approval by Legal with Jones Edmunds amp Associates Inc (JEA) for hydrogeologic consultation services relating to alternative water supply planning The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsDistricts - (7F6) - The Board considered the following recommendation from Procurement Services Director Olsen regarding the Second Amendment to the Agreement with the following firms a) Galls an ARAMARK Company LLC and b) Pasteurs Sports to provide Fire and Emergency Medical Services (EMS) uniforms pursuant to contract renewal under Request for Proposals (RFP) No1 OP-005

DescriptionBackground On November 20 2010 the Board awarded the contract for Fire and EMS Uniforms The contract allowed for two (2) additional two (2) year renewals The current contracts expire December 31 2014 Galls An Aramark Company LLC (Galls) Pasteurs Sports (Pasteurs) and the Marion county Fire-

Page 1226 Book T

u Moore

bid to determine whether or not other

type of

December 16 14

Rescue (MCFR) are requesting to the term ending 31 renewal (it will be identical for it will be sent for CAJU

county Attomey

this first renewal for is the draft contract

todays meeting return will be forwarded for the

BudgetImpact 000 per department provided information in 107 and 3355-552100 Recommended Action Motion to approve recommendation and allow staff to issue contract renewal and upon approval by the Chairman to execute contracts with Galls and In response to Commissioner Services Director Olsen

advised that staff will review the particulars of County departments can piggyback off this noting it may be detailed to Fire RescueEMS uniforms only due to the uniforms required for that department

A motion was made by Commissioner Moore by Commissioner Zalak

Kauffman noted a was made to Item 7F6

to approve and execute the Second Amendment with Galls and Pasteurs Sports The motion was unanimously (5-0)

(County Administrator William to correct the line item account number)

== - (7F7) -Accepted the following rcrnrnc from Procurement Services Director Olsen to authorize staff to purchase 15 bulk order replacement computers utilizing multiple vendors

DescriptionBackground Request for the 201 approximately (153) standard desktops (7) laptops (9) advanced laptops and -vJ

multiple departments that have (Computer Hardware for items Equipment for items $1000 or

is for 552116

101 (Machinery and 1 13 the Board

approved Standardization of Dell accessories and Panasonic for all

America Inc has an ongoing annual

BudgetImpact Neutral expenditure for all equipment Sufficient and approved budgeted funding will be available in accounts as needed Recommended Action Motion to allow staff to purchase the uipment above by either a Purchase Order or Procurement Card

Buildings amp GroundsContracts amp Agreements - (7F8) - Accepted recommendation from Procurement Services Director Olsen to approve and

Amendment to the Agreement with Ethridge Construction of Marion County Inc to provide construction manager (CM) services for construction of main building

North Substation pursuant to RFO No 050-036

II not eX(eeia

following

DescriptionBackground The Board approved contracts with Construction Managers (CM) Moss amp Associates LLC and Ethridge of Marion County Inc under 050-036 (approved April 1 2005)

1

December 1 14

3 (approved April 7 2009) contracts allow the County use any CM depending on area of availability The construction of the main building at the North project was assigned by

Management to Ethridge project includes construction new building will be a 2000 and will meet current code Management staff will perform and plumbing work this project in-house This will produce a at $35000 This project work is uled to be complete within 1 after Notice to Proceed Attached review is a draft of the contract with the fee schedule attached as Exhibit A approval at todays meeting it will be forwarded to the contractor for as written and upon return will for the County Attorney

and Chairmans signatures BudgetImpact Neutral expenditure amount is $314 Per information provided by department funding is available in

4121-562102 Action Motion to approve recommendation and authorize

project amendment with Construction for the construction of the main building Substation project under 036

recommendation from Procurement the County Engineer (aCE) to approve and Contractor upon approval by Legal with Asphalt repair and project pursuant to No1

DescriptionBackground On behalf of Procu advertised a bid for Pavement r and Resurfacing The bid was held October 21 2014 Procurement Services Two (2)

Systems (APS) and North Emulsions (NFE) providing the lower bid will developed and then to

to take best advantage higher quantity pricing breaks however in an emergency repair lower quantity line items were still

by aCE staff project manager met with staff for a to negotiate the line items

in the attached tabulation With successful pricing by and the County Assistant County Administrator Mounir

recommendation to this two year term previous work met the Countys and the contractor is in

standing Attached for review is the contract draft pending approval meeting it will be forwarded to the for execution as written

will be processed for the County Attorney Clerk of the Court

BudgetImpact Neutral the budget for services is $150000 which $50000 will be brought before the Board for approval as a project amendment or purchase order at aCEs discretion provided information sufficient funding in account 1165-563220 kQnr-nlTliQn(10f Action Motion recommendation and allow

and upon approval by the Chairman to

1 Book T

1 2014

with Asphalt Paving the lowest responsive for bid 14B-169

- (7G1) - following I on behalf of the aCE to and execute Inc for a portion of Parcel No 45269-087-01 project

This is a uest to approve a associated with the Loop Road Project in the amount well was discovered during demoHtion and the the agreement approved by Board on March 18 201 Budget Impact Capital Projects - 309-1 Recommended Action Motion to approve the attached to authorize the Chair and to execute the same

recommendation from ACA 5075-056-011 located in

to an adjacent owner Beisleyand

DescriptionBackground This is a request to declare Parcel Located in Forest Lake as Surplus and approve the attached Purchase Agreement in the of $2000 with approximate Closing $2400 for a total of $2024 Additionally recommends approval to an adjacent owner and approval of the FS 125 Deed Marion County and Thomas BudgetImpact Sale of Surplus $2000 Recommended Action Motion the request to 056-011 Located in Forest as Surplus approve and Purchase Agreement and authorize the Chair and Clerk

same

- (7G3) - the following recommendation from ACA on behalf of the aCE to approve and

the Lease Agreement with Gonzalez and Maria de los Angeles for Parcel No 14758+000-00

DescriptionBackground This is a to approve a New Lease Agreement between Marion County and Terry Manuel Gonzalez amp Maria de los Angeles Casablanca for Parcel 14758+000-00 which is an unconstructed platted Water

Area located in Ocala High previous owner prior to Gonzalez and Casablanca had approval through the Development Committee since 2000 to utilize the WRA is recommending that the new owners enter into the proposed the use of the property and provide Indemnification and during the term of the lease The is for a five (5) year period with option one additional (5)

and the rental rate is $100 premises shall be used as a private equestrian training arena for personal use only

Book T Page 1

December 1 14

County Owned Property - 1 dULUuu10 - $1200 annually

Action Motion to approve Agreement and Chair and Clerk to execute the same

===--===-=== - (Walk-On) - County Attomey Matthew G Minter presented following recommendation regarding Springs State Park Standard Developer Agreement with the Florida Environmental Protection (FDEP)

DescriptionBackground This is a standard agreement for Marion County to provide wastewater service to Springs State Park The County will wastewater facilities to constructed by Developer on the property ownership operation and maintena in order for County to provide

to the property The County has ag to accept such facilities upon the same to the standards of the County as

County Utilities policy and procedures including but not Marion County Utilities

None Action The Board is the attached

authorize Chairman and A motion was made by Commissioner by Commissioner Bryant

to consider Walk-On Item The motion was unanimously by the Board 0)

Chairman McClain opened the floor for public none Chairman McClain advised the public comment portion is

A motion was made by Commissioner Zalak by Commissioner Bryant the Wastewater Infrastructure and Service Agreement with

was unanimously approved by (5-0)

=~=L===== - (Walk-On) County Attorney Minter presented regarding the with Concept

DescriptionBackground This is a Marion County Utilities to provide water and wastewater real property described in

Exhibit A After negotiations County is requiring as a condition for Countys provision of water and to the property

this Developers Impact None

Action The and authorize Chairman

A motion was made by Commissioner seconded by Commissioner to Walk-On Item The motion was unanimously approved by the 0)

Chairman McClain opened the floor public comment being none Chairman McClain advised that the public comment portion is

now

1 T

December 16 2014

A motion was made by Commissioner Bryant seconded by Commissioner Moore to approve and execute the Developers Agreement with Concept Development Inc The motion was unanimously approved by the Board (5-0)

ResolutionUtilities - (Walk-On) - County Attorney Minter presented the following recommendation regarding a Resolution approving the proposed 2014 utility rates

DescriptionBackground As directed by the Board of County Commissioners the County Utilities Department staff has reviewed the reasonableness of modified rates and has presented to the Board for final approval the resulting findings in a new rate sufficiency analysis by Burton amp Associates On July 8 2014 the County staff presented to the Board a request for recommendation to modify water and wastewater service rats and reuse water rates The County staff requests final Board approval of those recommended rates Budget Impact None Recommended Action The Board is requested to approve the attached Resolution and authorize Chairman and Clerk to execute A motion was made by Commissioner Zalak seconded by Commissioner Bryant

to consider the Walk-On Item The motion was unanimously approved by the Board (5shy0)

County Attorney Minter noted this would be the first utility rate Resolution since 2009

Utilities Director Flip Mellinger advised that at the 2013 utility budget workshop staff presented the rate consultants recommendation that the department increase utility rates by 2 on water and sewer services noting the proposed Resolution will support that recommendation He stated notices were mailed to all Marion County Utility (MCU) customers advising of the proposed changes to utility rates Mr Mellinger advised that in 2011 the department reduced its rates by 11 for wastewater and 7 for water however the rate Resolution was not updated at that time

Chairman McClain opened the floor for public comment There being none Chairman McClain advised that the public comment portion is

now closed A motion was made by Commissioner Arnett seconded by Commissioner Bryant

to adopt Resolution 14-R-649 approving the 2014 amended utility rates Chairman McClain opined that Mr Mellinger and staff have been prudent in

operating the utility system Mr Minter noted the rate increase will become effective on January 1 2015

The motion was unanimously approved by the Board (5-0)

Projects amp Programs - County Attorney Minter provided a brief update in regard to the Florida PACE (Property Assessed Clean Energy) Funding Agency He addressed previous Board discussion relating to an amicus briefing that the Florida Association of Counties (FAC) is filing that the Board is watching because of questions on the constitutionality of the actual enforcement noting he has reviewed several briefs relating to cases that are pending in the Florida Supreme Court Mr Minter advised that none of those cases relate specifically to the Florida PACE Agency that the BCC has entered into an Interlocal Agreement with noting one of the claims raised relates to Judicial Foreclosures and not collection on the tax process He opined there is no reason to terminate the Interlocal Agreement as the County itself has no liability on those

Book T Page 1231

December 16 4

transactions

==I==~~=~==~= - (Walk-On) - County Administrator Kauffman the following recommendation regarding the Bargaining Agreement (CBA) between the Board of Commissioners and the Supervisory Unit Professional of Marion County International Association of hters (IAFF) Local 31

CrTllC Bargaining Agreement between the County IA 31 Supervisory Unit and County Commissioners was ratified by the body on Agreement (Exhibit must be adopted by of County become effective

Impact Neutral funds allocated for fiscal 41 Recommended Action Motion to adopt the Collective Bargaining Agreement (CBA) of IAFF Local 31 Supervisory Unit A motion was made by Commissioner seconded by Commissioner Moore

to Walk-On Item The motion was unanimously approved by the Board (5shy0)

In to Commissioner advised that an administrative was added noting benefits are already included in the adopted

Chairman McClain opened floor for public comment being none Chairman McClain advised that the public portion is

now CIO5ea A motion was made by Commissioner Moore seconded by Commissioner Bryant

to adopt CBA of the IAFF Local 31 Supervisory Unit The motion was unanimously nnrrnin by the Board (5-0)

Deputy Clerk Windberg presented Proof of of Intent to Uniform Method of

published newspaper on November 132027 and 42014 The Notice would adopting Resolutions authorizing use of the uniform collection method for valorem assessments

County Attorney Matthew Minter presented the following recommendation DescriptionBackground purpose of the public hearing is to consider adoption

resolutions authorizing use of the uniform collection method for non-ad assessments to be on the tax bills of property owners resid

following areas BELLEVI H MANOR CITRUS PARK CYPRESS COVE DEER PATH 2 MSBU EDGE EDMOND RAOUX - SE 33RD AVE FROM 38TH ST TO FLOYDS SUB ION ADDITION NO1 GEORGETOWNE

1 Book T

162014

TURF AND COUNTRY CLUB BLOCKS 8 AND 10 MSBU

MEADOW MSBU HIGH POI HUNTERDON HAMLET UNITS 1 AND UNIT 2 LAKE HETTES MSTU

- NE 2ND PL - NE 52ND AVE FROM NE TO NE

12

5

1 TO END ACRESITHOROUGHBRED AC 1ST ADDITION

TWIN LAKES RANCHETTES - SE 160TH COURT RD TURNING HAWK RANCH WESTBURY WHISPERING ISPERING ACRES FARMS WIN FI UE SOLID WASTE MSBU STORMWATER MANAGEMENT PROGRAM MSBU

The procedure for Section 1973632 and Enforcement of Non-Ad because the non-ad areas boundaries Budgetll mpact Recommended Action of County Commissioners is conduct the public hearing a motion approving the resolutions by section 1973632 authorize the Chairman and Clerk to same Commissioner Zalak a was made to the Agenda outline to

include the word Resolutions not Ord Chairman McClain opened the to public comment There was no public comment

Book 1

1 14

that the public comment portion is now closed Commissioner Zalak by Commissioner Moore

through 1 below) authorizing the use method for non-ad valorem The motion was

unanimously by Board (5-0) 1 1 - Belleview Hills Manor 2 1 1 - Citrus Park 3 1 - Cypress Cove 4 1 Path Estates Phase 1 amp 2 MSBU

1 - Edge Of The Forest 33rd6 1 - Edmond Raoux - from 38th ST to end

1 Floyds Subdivision Addition No1 8 14-R-657 Georgetowne

1 - Golden Hills Turf amp Country Club Blocks 8 and 10 1 1 Oaks MSBU 11 1 Meadow MSBU 1 1 1 - High Pointe 1 1 - Hunterdon Hamlet Units 1 14 1 Tropicana 1 1 Weir Heights 16 1 - Leighton Estates 17 1 Leonardo Estates - NE 18 1 Leonardo Estates shy from NE 4th Street to 5t

19 - Majestic Oaks Fourth Addition One 14-R-669 - Marion Oaks MSTU General Units 1 - 12

21 1 - Ocala Park Estates Units 1 4 1 1 - Pepper Tree Village 1 - Rolling HillsHills Of 1 5 1 - Rolling Ranch Estates 1 - Rolling Ranchettes 1 - Silver Springs Expansion for Recreation and

Lighting Units 1 - 9 11-1 40 47-49576265 - 68 and as replatted or 14-R-676 - Summerfield 14-R-677 - SW 16th Ave from SW 1 14-R-678 - Thoroughbred Acres 1st Addition 1 - Twin Lakes 160th Court Rd

31 14-R-680 - Turning Hawk 14-R-681 - Westbury

33 14-R-682 - Whispering EstateslWhispering Acres Estates Fantasy Farms Estates 14-R-683 - Wind gate 1 - Fire Rescue 14-R-685 - Solid Waste 14-R-686 - Stormwater Program MSBU

1 T

December 1 2014

(Ed Note The following acronyms andor are used in Item MSBU - Municipal Benefit - Avenue ST - Trmiddotoot PLshy

- Road and Municipal Service Unit)

==-=---=-====I - (6B) - Chairman McClain advised is of two public scheduled to Developers AgroonlonT

Crossings North Planned Unit Development (PU Growth Services Gregory K Stubbs AICP presented the following

recommendation regarding Developers Crossings North with James H Sweeny III

DescriptionBackground Board of County has and approved a Development Applications regarding the

North Unit Development (PUD) located along future alignment of SW 49th between SW 85th and SW 95th TrQQT approvals require completing a Developers Ag which is currently under review by the Attorneys to establish certain conditions regarding the project and the provision of infrastructure related to the project as follows 1 A maximum of 11 single family residential units on 28440 AC

Realignment of Ave to the west as in the re-zoning hearings Developer to of all 49th Avenue within the North and South PUD

4 County it will fully com construction of 49th Avenue from SW 95th Street north to SW 80th Street within five (5) years from the date of this

90thOwner agrees to convey by donation to County at the Closing Street and 85th ROWs shown on necessary to construct a two-lane collector roadway Construction be by the owner in conjunction with the development of the property adjacent to subject (Owner will not transportation impact for the value of ROW land conveyed) Utility the Contribution funds $180000000 to contributed to County u the South PUD Agreement within 60 from the date of this agreement Owner shall convey to County the WellfieldlWater Plant Parcel containing four (4) acre at a location within the boundaries the North PUD which is delineated on Conceptual PUD as the future Wellfield and Water

Board conducted of two public on December the Agreement pursuant to FS sect1 unanimously

the agreement hearing on 16 2014 the and receive public comment regarding

and act to provide final consideration and of the Agreement BudgetImpact None

Action Motion to approve the Crossings North PUD Agreement and authorize execution Chairman and Clerk

pending legal review

T Page 1

u Moore

bid to determine whether or not other

type of

December 16 14

Rescue (MCFR) are requesting to the term ending 31 renewal (it will be identical for it will be sent for CAJU

county Attomey

this first renewal for is the draft contract

todays meeting return will be forwarded for the

BudgetImpact 000 per department provided information in 107 and 3355-552100 Recommended Action Motion to approve recommendation and allow staff to issue contract renewal and upon approval by the Chairman to execute contracts with Galls and In response to Commissioner Services Director Olsen

advised that staff will review the particulars of County departments can piggyback off this noting it may be detailed to Fire RescueEMS uniforms only due to the uniforms required for that department

A motion was made by Commissioner Moore by Commissioner Zalak

Kauffman noted a was made to Item 7F6

to approve and execute the Second Amendment with Galls and Pasteurs Sports The motion was unanimously (5-0)

(County Administrator William to correct the line item account number)

== - (7F7) -Accepted the following rcrnrnc from Procurement Services Director Olsen to authorize staff to purchase 15 bulk order replacement computers utilizing multiple vendors

DescriptionBackground Request for the 201 approximately (153) standard desktops (7) laptops (9) advanced laptops and -vJ

multiple departments that have (Computer Hardware for items Equipment for items $1000 or

is for 552116

101 (Machinery and 1 13 the Board

approved Standardization of Dell accessories and Panasonic for all

America Inc has an ongoing annual

BudgetImpact Neutral expenditure for all equipment Sufficient and approved budgeted funding will be available in accounts as needed Recommended Action Motion to allow staff to purchase the uipment above by either a Purchase Order or Procurement Card

Buildings amp GroundsContracts amp Agreements - (7F8) - Accepted recommendation from Procurement Services Director Olsen to approve and

Amendment to the Agreement with Ethridge Construction of Marion County Inc to provide construction manager (CM) services for construction of main building

North Substation pursuant to RFO No 050-036

II not eX(eeia

following

DescriptionBackground The Board approved contracts with Construction Managers (CM) Moss amp Associates LLC and Ethridge of Marion County Inc under 050-036 (approved April 1 2005)

1

December 1 14

3 (approved April 7 2009) contracts allow the County use any CM depending on area of availability The construction of the main building at the North project was assigned by

Management to Ethridge project includes construction new building will be a 2000 and will meet current code Management staff will perform and plumbing work this project in-house This will produce a at $35000 This project work is uled to be complete within 1 after Notice to Proceed Attached review is a draft of the contract with the fee schedule attached as Exhibit A approval at todays meeting it will be forwarded to the contractor for as written and upon return will for the County Attorney

and Chairmans signatures BudgetImpact Neutral expenditure amount is $314 Per information provided by department funding is available in

4121-562102 Action Motion to approve recommendation and authorize

project amendment with Construction for the construction of the main building Substation project under 036

recommendation from Procurement the County Engineer (aCE) to approve and Contractor upon approval by Legal with Asphalt repair and project pursuant to No1

DescriptionBackground On behalf of Procu advertised a bid for Pavement r and Resurfacing The bid was held October 21 2014 Procurement Services Two (2)

Systems (APS) and North Emulsions (NFE) providing the lower bid will developed and then to

to take best advantage higher quantity pricing breaks however in an emergency repair lower quantity line items were still

by aCE staff project manager met with staff for a to negotiate the line items

in the attached tabulation With successful pricing by and the County Assistant County Administrator Mounir

recommendation to this two year term previous work met the Countys and the contractor is in

standing Attached for review is the contract draft pending approval meeting it will be forwarded to the for execution as written

will be processed for the County Attorney Clerk of the Court

BudgetImpact Neutral the budget for services is $150000 which $50000 will be brought before the Board for approval as a project amendment or purchase order at aCEs discretion provided information sufficient funding in account 1165-563220 kQnr-nlTliQn(10f Action Motion recommendation and allow

and upon approval by the Chairman to

1 Book T

1 2014

with Asphalt Paving the lowest responsive for bid 14B-169

- (7G1) - following I on behalf of the aCE to and execute Inc for a portion of Parcel No 45269-087-01 project

This is a uest to approve a associated with the Loop Road Project in the amount well was discovered during demoHtion and the the agreement approved by Board on March 18 201 Budget Impact Capital Projects - 309-1 Recommended Action Motion to approve the attached to authorize the Chair and to execute the same

recommendation from ACA 5075-056-011 located in

to an adjacent owner Beisleyand

DescriptionBackground This is a request to declare Parcel Located in Forest Lake as Surplus and approve the attached Purchase Agreement in the of $2000 with approximate Closing $2400 for a total of $2024 Additionally recommends approval to an adjacent owner and approval of the FS 125 Deed Marion County and Thomas BudgetImpact Sale of Surplus $2000 Recommended Action Motion the request to 056-011 Located in Forest as Surplus approve and Purchase Agreement and authorize the Chair and Clerk

same

- (7G3) - the following recommendation from ACA on behalf of the aCE to approve and

the Lease Agreement with Gonzalez and Maria de los Angeles for Parcel No 14758+000-00

DescriptionBackground This is a to approve a New Lease Agreement between Marion County and Terry Manuel Gonzalez amp Maria de los Angeles Casablanca for Parcel 14758+000-00 which is an unconstructed platted Water

Area located in Ocala High previous owner prior to Gonzalez and Casablanca had approval through the Development Committee since 2000 to utilize the WRA is recommending that the new owners enter into the proposed the use of the property and provide Indemnification and during the term of the lease The is for a five (5) year period with option one additional (5)

and the rental rate is $100 premises shall be used as a private equestrian training arena for personal use only

Book T Page 1

December 1 14

County Owned Property - 1 dULUuu10 - $1200 annually

Action Motion to approve Agreement and Chair and Clerk to execute the same

===--===-=== - (Walk-On) - County Attomey Matthew G Minter presented following recommendation regarding Springs State Park Standard Developer Agreement with the Florida Environmental Protection (FDEP)

DescriptionBackground This is a standard agreement for Marion County to provide wastewater service to Springs State Park The County will wastewater facilities to constructed by Developer on the property ownership operation and maintena in order for County to provide

to the property The County has ag to accept such facilities upon the same to the standards of the County as

County Utilities policy and procedures including but not Marion County Utilities

None Action The Board is the attached

authorize Chairman and A motion was made by Commissioner by Commissioner Bryant

to consider Walk-On Item The motion was unanimously by the Board 0)

Chairman McClain opened the floor for public none Chairman McClain advised the public comment portion is

A motion was made by Commissioner Zalak by Commissioner Bryant the Wastewater Infrastructure and Service Agreement with

was unanimously approved by (5-0)

=~=L===== - (Walk-On) County Attorney Minter presented regarding the with Concept

DescriptionBackground This is a Marion County Utilities to provide water and wastewater real property described in

Exhibit A After negotiations County is requiring as a condition for Countys provision of water and to the property

this Developers Impact None

Action The and authorize Chairman

A motion was made by Commissioner seconded by Commissioner to Walk-On Item The motion was unanimously approved by the 0)

Chairman McClain opened the floor public comment being none Chairman McClain advised that the public comment portion is

now

1 T

December 16 2014

A motion was made by Commissioner Bryant seconded by Commissioner Moore to approve and execute the Developers Agreement with Concept Development Inc The motion was unanimously approved by the Board (5-0)

ResolutionUtilities - (Walk-On) - County Attorney Minter presented the following recommendation regarding a Resolution approving the proposed 2014 utility rates

DescriptionBackground As directed by the Board of County Commissioners the County Utilities Department staff has reviewed the reasonableness of modified rates and has presented to the Board for final approval the resulting findings in a new rate sufficiency analysis by Burton amp Associates On July 8 2014 the County staff presented to the Board a request for recommendation to modify water and wastewater service rats and reuse water rates The County staff requests final Board approval of those recommended rates Budget Impact None Recommended Action The Board is requested to approve the attached Resolution and authorize Chairman and Clerk to execute A motion was made by Commissioner Zalak seconded by Commissioner Bryant

to consider the Walk-On Item The motion was unanimously approved by the Board (5shy0)

County Attorney Minter noted this would be the first utility rate Resolution since 2009

Utilities Director Flip Mellinger advised that at the 2013 utility budget workshop staff presented the rate consultants recommendation that the department increase utility rates by 2 on water and sewer services noting the proposed Resolution will support that recommendation He stated notices were mailed to all Marion County Utility (MCU) customers advising of the proposed changes to utility rates Mr Mellinger advised that in 2011 the department reduced its rates by 11 for wastewater and 7 for water however the rate Resolution was not updated at that time

Chairman McClain opened the floor for public comment There being none Chairman McClain advised that the public comment portion is

now closed A motion was made by Commissioner Arnett seconded by Commissioner Bryant

to adopt Resolution 14-R-649 approving the 2014 amended utility rates Chairman McClain opined that Mr Mellinger and staff have been prudent in

operating the utility system Mr Minter noted the rate increase will become effective on January 1 2015

The motion was unanimously approved by the Board (5-0)

Projects amp Programs - County Attorney Minter provided a brief update in regard to the Florida PACE (Property Assessed Clean Energy) Funding Agency He addressed previous Board discussion relating to an amicus briefing that the Florida Association of Counties (FAC) is filing that the Board is watching because of questions on the constitutionality of the actual enforcement noting he has reviewed several briefs relating to cases that are pending in the Florida Supreme Court Mr Minter advised that none of those cases relate specifically to the Florida PACE Agency that the BCC has entered into an Interlocal Agreement with noting one of the claims raised relates to Judicial Foreclosures and not collection on the tax process He opined there is no reason to terminate the Interlocal Agreement as the County itself has no liability on those

Book T Page 1231

December 16 4

transactions

==I==~~=~==~= - (Walk-On) - County Administrator Kauffman the following recommendation regarding the Bargaining Agreement (CBA) between the Board of Commissioners and the Supervisory Unit Professional of Marion County International Association of hters (IAFF) Local 31

CrTllC Bargaining Agreement between the County IA 31 Supervisory Unit and County Commissioners was ratified by the body on Agreement (Exhibit must be adopted by of County become effective

Impact Neutral funds allocated for fiscal 41 Recommended Action Motion to adopt the Collective Bargaining Agreement (CBA) of IAFF Local 31 Supervisory Unit A motion was made by Commissioner seconded by Commissioner Moore

to Walk-On Item The motion was unanimously approved by the Board (5shy0)

In to Commissioner advised that an administrative was added noting benefits are already included in the adopted

Chairman McClain opened floor for public comment being none Chairman McClain advised that the public portion is

now CIO5ea A motion was made by Commissioner Moore seconded by Commissioner Bryant

to adopt CBA of the IAFF Local 31 Supervisory Unit The motion was unanimously nnrrnin by the Board (5-0)

Deputy Clerk Windberg presented Proof of of Intent to Uniform Method of

published newspaper on November 132027 and 42014 The Notice would adopting Resolutions authorizing use of the uniform collection method for valorem assessments

County Attorney Matthew Minter presented the following recommendation DescriptionBackground purpose of the public hearing is to consider adoption

resolutions authorizing use of the uniform collection method for non-ad assessments to be on the tax bills of property owners resid

following areas BELLEVI H MANOR CITRUS PARK CYPRESS COVE DEER PATH 2 MSBU EDGE EDMOND RAOUX - SE 33RD AVE FROM 38TH ST TO FLOYDS SUB ION ADDITION NO1 GEORGETOWNE

1 Book T

162014

TURF AND COUNTRY CLUB BLOCKS 8 AND 10 MSBU

MEADOW MSBU HIGH POI HUNTERDON HAMLET UNITS 1 AND UNIT 2 LAKE HETTES MSTU

- NE 2ND PL - NE 52ND AVE FROM NE TO NE

12

5

1 TO END ACRESITHOROUGHBRED AC 1ST ADDITION

TWIN LAKES RANCHETTES - SE 160TH COURT RD TURNING HAWK RANCH WESTBURY WHISPERING ISPERING ACRES FARMS WIN FI UE SOLID WASTE MSBU STORMWATER MANAGEMENT PROGRAM MSBU

The procedure for Section 1973632 and Enforcement of Non-Ad because the non-ad areas boundaries Budgetll mpact Recommended Action of County Commissioners is conduct the public hearing a motion approving the resolutions by section 1973632 authorize the Chairman and Clerk to same Commissioner Zalak a was made to the Agenda outline to

include the word Resolutions not Ord Chairman McClain opened the to public comment There was no public comment

Book 1

1 14

that the public comment portion is now closed Commissioner Zalak by Commissioner Moore

through 1 below) authorizing the use method for non-ad valorem The motion was

unanimously by Board (5-0) 1 1 - Belleview Hills Manor 2 1 1 - Citrus Park 3 1 - Cypress Cove 4 1 Path Estates Phase 1 amp 2 MSBU

1 - Edge Of The Forest 33rd6 1 - Edmond Raoux - from 38th ST to end

1 Floyds Subdivision Addition No1 8 14-R-657 Georgetowne

1 - Golden Hills Turf amp Country Club Blocks 8 and 10 1 1 Oaks MSBU 11 1 Meadow MSBU 1 1 1 - High Pointe 1 1 - Hunterdon Hamlet Units 1 14 1 Tropicana 1 1 Weir Heights 16 1 - Leighton Estates 17 1 Leonardo Estates - NE 18 1 Leonardo Estates shy from NE 4th Street to 5t

19 - Majestic Oaks Fourth Addition One 14-R-669 - Marion Oaks MSTU General Units 1 - 12

21 1 - Ocala Park Estates Units 1 4 1 1 - Pepper Tree Village 1 - Rolling HillsHills Of 1 5 1 - Rolling Ranch Estates 1 - Rolling Ranchettes 1 - Silver Springs Expansion for Recreation and

Lighting Units 1 - 9 11-1 40 47-49576265 - 68 and as replatted or 14-R-676 - Summerfield 14-R-677 - SW 16th Ave from SW 1 14-R-678 - Thoroughbred Acres 1st Addition 1 - Twin Lakes 160th Court Rd

31 14-R-680 - Turning Hawk 14-R-681 - Westbury

33 14-R-682 - Whispering EstateslWhispering Acres Estates Fantasy Farms Estates 14-R-683 - Wind gate 1 - Fire Rescue 14-R-685 - Solid Waste 14-R-686 - Stormwater Program MSBU

1 T

December 1 2014

(Ed Note The following acronyms andor are used in Item MSBU - Municipal Benefit - Avenue ST - Trmiddotoot PLshy

- Road and Municipal Service Unit)

==-=---=-====I - (6B) - Chairman McClain advised is of two public scheduled to Developers AgroonlonT

Crossings North Planned Unit Development (PU Growth Services Gregory K Stubbs AICP presented the following

recommendation regarding Developers Crossings North with James H Sweeny III

DescriptionBackground Board of County has and approved a Development Applications regarding the

North Unit Development (PUD) located along future alignment of SW 49th between SW 85th and SW 95th TrQQT approvals require completing a Developers Ag which is currently under review by the Attorneys to establish certain conditions regarding the project and the provision of infrastructure related to the project as follows 1 A maximum of 11 single family residential units on 28440 AC

Realignment of Ave to the west as in the re-zoning hearings Developer to of all 49th Avenue within the North and South PUD

4 County it will fully com construction of 49th Avenue from SW 95th Street north to SW 80th Street within five (5) years from the date of this

90thOwner agrees to convey by donation to County at the Closing Street and 85th ROWs shown on necessary to construct a two-lane collector roadway Construction be by the owner in conjunction with the development of the property adjacent to subject (Owner will not transportation impact for the value of ROW land conveyed) Utility the Contribution funds $180000000 to contributed to County u the South PUD Agreement within 60 from the date of this agreement Owner shall convey to County the WellfieldlWater Plant Parcel containing four (4) acre at a location within the boundaries the North PUD which is delineated on Conceptual PUD as the future Wellfield and Water

Board conducted of two public on December the Agreement pursuant to FS sect1 unanimously

the agreement hearing on 16 2014 the and receive public comment regarding

and act to provide final consideration and of the Agreement BudgetImpact None

Action Motion to approve the Crossings North PUD Agreement and authorize execution Chairman and Clerk

pending legal review

T Page 1

December 1 14

3 (approved April 7 2009) contracts allow the County use any CM depending on area of availability The construction of the main building at the North project was assigned by

Management to Ethridge project includes construction new building will be a 2000 and will meet current code Management staff will perform and plumbing work this project in-house This will produce a at $35000 This project work is uled to be complete within 1 after Notice to Proceed Attached review is a draft of the contract with the fee schedule attached as Exhibit A approval at todays meeting it will be forwarded to the contractor for as written and upon return will for the County Attorney

and Chairmans signatures BudgetImpact Neutral expenditure amount is $314 Per information provided by department funding is available in

4121-562102 Action Motion to approve recommendation and authorize

project amendment with Construction for the construction of the main building Substation project under 036

recommendation from Procurement the County Engineer (aCE) to approve and Contractor upon approval by Legal with Asphalt repair and project pursuant to No1

DescriptionBackground On behalf of Procu advertised a bid for Pavement r and Resurfacing The bid was held October 21 2014 Procurement Services Two (2)

Systems (APS) and North Emulsions (NFE) providing the lower bid will developed and then to

to take best advantage higher quantity pricing breaks however in an emergency repair lower quantity line items were still

by aCE staff project manager met with staff for a to negotiate the line items

in the attached tabulation With successful pricing by and the County Assistant County Administrator Mounir

recommendation to this two year term previous work met the Countys and the contractor is in

standing Attached for review is the contract draft pending approval meeting it will be forwarded to the for execution as written

will be processed for the County Attorney Clerk of the Court

BudgetImpact Neutral the budget for services is $150000 which $50000 will be brought before the Board for approval as a project amendment or purchase order at aCEs discretion provided information sufficient funding in account 1165-563220 kQnr-nlTliQn(10f Action Motion recommendation and allow

and upon approval by the Chairman to

1 Book T

1 2014

with Asphalt Paving the lowest responsive for bid 14B-169

- (7G1) - following I on behalf of the aCE to and execute Inc for a portion of Parcel No 45269-087-01 project

This is a uest to approve a associated with the Loop Road Project in the amount well was discovered during demoHtion and the the agreement approved by Board on March 18 201 Budget Impact Capital Projects - 309-1 Recommended Action Motion to approve the attached to authorize the Chair and to execute the same

recommendation from ACA 5075-056-011 located in

to an adjacent owner Beisleyand

DescriptionBackground This is a request to declare Parcel Located in Forest Lake as Surplus and approve the attached Purchase Agreement in the of $2000 with approximate Closing $2400 for a total of $2024 Additionally recommends approval to an adjacent owner and approval of the FS 125 Deed Marion County and Thomas BudgetImpact Sale of Surplus $2000 Recommended Action Motion the request to 056-011 Located in Forest as Surplus approve and Purchase Agreement and authorize the Chair and Clerk

same

- (7G3) - the following recommendation from ACA on behalf of the aCE to approve and

the Lease Agreement with Gonzalez and Maria de los Angeles for Parcel No 14758+000-00

DescriptionBackground This is a to approve a New Lease Agreement between Marion County and Terry Manuel Gonzalez amp Maria de los Angeles Casablanca for Parcel 14758+000-00 which is an unconstructed platted Water

Area located in Ocala High previous owner prior to Gonzalez and Casablanca had approval through the Development Committee since 2000 to utilize the WRA is recommending that the new owners enter into the proposed the use of the property and provide Indemnification and during the term of the lease The is for a five (5) year period with option one additional (5)

and the rental rate is $100 premises shall be used as a private equestrian training arena for personal use only

Book T Page 1

December 1 14

County Owned Property - 1 dULUuu10 - $1200 annually

Action Motion to approve Agreement and Chair and Clerk to execute the same

===--===-=== - (Walk-On) - County Attomey Matthew G Minter presented following recommendation regarding Springs State Park Standard Developer Agreement with the Florida Environmental Protection (FDEP)

DescriptionBackground This is a standard agreement for Marion County to provide wastewater service to Springs State Park The County will wastewater facilities to constructed by Developer on the property ownership operation and maintena in order for County to provide

to the property The County has ag to accept such facilities upon the same to the standards of the County as

County Utilities policy and procedures including but not Marion County Utilities

None Action The Board is the attached

authorize Chairman and A motion was made by Commissioner by Commissioner Bryant

to consider Walk-On Item The motion was unanimously by the Board 0)

Chairman McClain opened the floor for public none Chairman McClain advised the public comment portion is

A motion was made by Commissioner Zalak by Commissioner Bryant the Wastewater Infrastructure and Service Agreement with

was unanimously approved by (5-0)

=~=L===== - (Walk-On) County Attorney Minter presented regarding the with Concept

DescriptionBackground This is a Marion County Utilities to provide water and wastewater real property described in

Exhibit A After negotiations County is requiring as a condition for Countys provision of water and to the property

this Developers Impact None

Action The and authorize Chairman

A motion was made by Commissioner seconded by Commissioner to Walk-On Item The motion was unanimously approved by the 0)

Chairman McClain opened the floor public comment being none Chairman McClain advised that the public comment portion is

now

1 T

December 16 2014

A motion was made by Commissioner Bryant seconded by Commissioner Moore to approve and execute the Developers Agreement with Concept Development Inc The motion was unanimously approved by the Board (5-0)

ResolutionUtilities - (Walk-On) - County Attorney Minter presented the following recommendation regarding a Resolution approving the proposed 2014 utility rates

DescriptionBackground As directed by the Board of County Commissioners the County Utilities Department staff has reviewed the reasonableness of modified rates and has presented to the Board for final approval the resulting findings in a new rate sufficiency analysis by Burton amp Associates On July 8 2014 the County staff presented to the Board a request for recommendation to modify water and wastewater service rats and reuse water rates The County staff requests final Board approval of those recommended rates Budget Impact None Recommended Action The Board is requested to approve the attached Resolution and authorize Chairman and Clerk to execute A motion was made by Commissioner Zalak seconded by Commissioner Bryant

to consider the Walk-On Item The motion was unanimously approved by the Board (5shy0)

County Attorney Minter noted this would be the first utility rate Resolution since 2009

Utilities Director Flip Mellinger advised that at the 2013 utility budget workshop staff presented the rate consultants recommendation that the department increase utility rates by 2 on water and sewer services noting the proposed Resolution will support that recommendation He stated notices were mailed to all Marion County Utility (MCU) customers advising of the proposed changes to utility rates Mr Mellinger advised that in 2011 the department reduced its rates by 11 for wastewater and 7 for water however the rate Resolution was not updated at that time

Chairman McClain opened the floor for public comment There being none Chairman McClain advised that the public comment portion is

now closed A motion was made by Commissioner Arnett seconded by Commissioner Bryant

to adopt Resolution 14-R-649 approving the 2014 amended utility rates Chairman McClain opined that Mr Mellinger and staff have been prudent in

operating the utility system Mr Minter noted the rate increase will become effective on January 1 2015

The motion was unanimously approved by the Board (5-0)

Projects amp Programs - County Attorney Minter provided a brief update in regard to the Florida PACE (Property Assessed Clean Energy) Funding Agency He addressed previous Board discussion relating to an amicus briefing that the Florida Association of Counties (FAC) is filing that the Board is watching because of questions on the constitutionality of the actual enforcement noting he has reviewed several briefs relating to cases that are pending in the Florida Supreme Court Mr Minter advised that none of those cases relate specifically to the Florida PACE Agency that the BCC has entered into an Interlocal Agreement with noting one of the claims raised relates to Judicial Foreclosures and not collection on the tax process He opined there is no reason to terminate the Interlocal Agreement as the County itself has no liability on those

Book T Page 1231

December 16 4

transactions

==I==~~=~==~= - (Walk-On) - County Administrator Kauffman the following recommendation regarding the Bargaining Agreement (CBA) between the Board of Commissioners and the Supervisory Unit Professional of Marion County International Association of hters (IAFF) Local 31

CrTllC Bargaining Agreement between the County IA 31 Supervisory Unit and County Commissioners was ratified by the body on Agreement (Exhibit must be adopted by of County become effective

Impact Neutral funds allocated for fiscal 41 Recommended Action Motion to adopt the Collective Bargaining Agreement (CBA) of IAFF Local 31 Supervisory Unit A motion was made by Commissioner seconded by Commissioner Moore

to Walk-On Item The motion was unanimously approved by the Board (5shy0)

In to Commissioner advised that an administrative was added noting benefits are already included in the adopted

Chairman McClain opened floor for public comment being none Chairman McClain advised that the public portion is

now CIO5ea A motion was made by Commissioner Moore seconded by Commissioner Bryant

to adopt CBA of the IAFF Local 31 Supervisory Unit The motion was unanimously nnrrnin by the Board (5-0)

Deputy Clerk Windberg presented Proof of of Intent to Uniform Method of

published newspaper on November 132027 and 42014 The Notice would adopting Resolutions authorizing use of the uniform collection method for valorem assessments

County Attorney Matthew Minter presented the following recommendation DescriptionBackground purpose of the public hearing is to consider adoption

resolutions authorizing use of the uniform collection method for non-ad assessments to be on the tax bills of property owners resid

following areas BELLEVI H MANOR CITRUS PARK CYPRESS COVE DEER PATH 2 MSBU EDGE EDMOND RAOUX - SE 33RD AVE FROM 38TH ST TO FLOYDS SUB ION ADDITION NO1 GEORGETOWNE

1 Book T

162014

TURF AND COUNTRY CLUB BLOCKS 8 AND 10 MSBU

MEADOW MSBU HIGH POI HUNTERDON HAMLET UNITS 1 AND UNIT 2 LAKE HETTES MSTU

- NE 2ND PL - NE 52ND AVE FROM NE TO NE

12

5

1 TO END ACRESITHOROUGHBRED AC 1ST ADDITION

TWIN LAKES RANCHETTES - SE 160TH COURT RD TURNING HAWK RANCH WESTBURY WHISPERING ISPERING ACRES FARMS WIN FI UE SOLID WASTE MSBU STORMWATER MANAGEMENT PROGRAM MSBU

The procedure for Section 1973632 and Enforcement of Non-Ad because the non-ad areas boundaries Budgetll mpact Recommended Action of County Commissioners is conduct the public hearing a motion approving the resolutions by section 1973632 authorize the Chairman and Clerk to same Commissioner Zalak a was made to the Agenda outline to

include the word Resolutions not Ord Chairman McClain opened the to public comment There was no public comment

Book 1

1 14

that the public comment portion is now closed Commissioner Zalak by Commissioner Moore

through 1 below) authorizing the use method for non-ad valorem The motion was

unanimously by Board (5-0) 1 1 - Belleview Hills Manor 2 1 1 - Citrus Park 3 1 - Cypress Cove 4 1 Path Estates Phase 1 amp 2 MSBU

1 - Edge Of The Forest 33rd6 1 - Edmond Raoux - from 38th ST to end

1 Floyds Subdivision Addition No1 8 14-R-657 Georgetowne

1 - Golden Hills Turf amp Country Club Blocks 8 and 10 1 1 Oaks MSBU 11 1 Meadow MSBU 1 1 1 - High Pointe 1 1 - Hunterdon Hamlet Units 1 14 1 Tropicana 1 1 Weir Heights 16 1 - Leighton Estates 17 1 Leonardo Estates - NE 18 1 Leonardo Estates shy from NE 4th Street to 5t

19 - Majestic Oaks Fourth Addition One 14-R-669 - Marion Oaks MSTU General Units 1 - 12

21 1 - Ocala Park Estates Units 1 4 1 1 - Pepper Tree Village 1 - Rolling HillsHills Of 1 5 1 - Rolling Ranch Estates 1 - Rolling Ranchettes 1 - Silver Springs Expansion for Recreation and

Lighting Units 1 - 9 11-1 40 47-49576265 - 68 and as replatted or 14-R-676 - Summerfield 14-R-677 - SW 16th Ave from SW 1 14-R-678 - Thoroughbred Acres 1st Addition 1 - Twin Lakes 160th Court Rd

31 14-R-680 - Turning Hawk 14-R-681 - Westbury

33 14-R-682 - Whispering EstateslWhispering Acres Estates Fantasy Farms Estates 14-R-683 - Wind gate 1 - Fire Rescue 14-R-685 - Solid Waste 14-R-686 - Stormwater Program MSBU

1 T

December 1 2014

(Ed Note The following acronyms andor are used in Item MSBU - Municipal Benefit - Avenue ST - Trmiddotoot PLshy

- Road and Municipal Service Unit)

==-=---=-====I - (6B) - Chairman McClain advised is of two public scheduled to Developers AgroonlonT

Crossings North Planned Unit Development (PU Growth Services Gregory K Stubbs AICP presented the following

recommendation regarding Developers Crossings North with James H Sweeny III

DescriptionBackground Board of County has and approved a Development Applications regarding the

North Unit Development (PUD) located along future alignment of SW 49th between SW 85th and SW 95th TrQQT approvals require completing a Developers Ag which is currently under review by the Attorneys to establish certain conditions regarding the project and the provision of infrastructure related to the project as follows 1 A maximum of 11 single family residential units on 28440 AC

Realignment of Ave to the west as in the re-zoning hearings Developer to of all 49th Avenue within the North and South PUD

4 County it will fully com construction of 49th Avenue from SW 95th Street north to SW 80th Street within five (5) years from the date of this

90thOwner agrees to convey by donation to County at the Closing Street and 85th ROWs shown on necessary to construct a two-lane collector roadway Construction be by the owner in conjunction with the development of the property adjacent to subject (Owner will not transportation impact for the value of ROW land conveyed) Utility the Contribution funds $180000000 to contributed to County u the South PUD Agreement within 60 from the date of this agreement Owner shall convey to County the WellfieldlWater Plant Parcel containing four (4) acre at a location within the boundaries the North PUD which is delineated on Conceptual PUD as the future Wellfield and Water

Board conducted of two public on December the Agreement pursuant to FS sect1 unanimously

the agreement hearing on 16 2014 the and receive public comment regarding

and act to provide final consideration and of the Agreement BudgetImpact None

Action Motion to approve the Crossings North PUD Agreement and authorize execution Chairman and Clerk

pending legal review

T Page 1

1 2014

with Asphalt Paving the lowest responsive for bid 14B-169

- (7G1) - following I on behalf of the aCE to and execute Inc for a portion of Parcel No 45269-087-01 project

This is a uest to approve a associated with the Loop Road Project in the amount well was discovered during demoHtion and the the agreement approved by Board on March 18 201 Budget Impact Capital Projects - 309-1 Recommended Action Motion to approve the attached to authorize the Chair and to execute the same

recommendation from ACA 5075-056-011 located in

to an adjacent owner Beisleyand

DescriptionBackground This is a request to declare Parcel Located in Forest Lake as Surplus and approve the attached Purchase Agreement in the of $2000 with approximate Closing $2400 for a total of $2024 Additionally recommends approval to an adjacent owner and approval of the FS 125 Deed Marion County and Thomas BudgetImpact Sale of Surplus $2000 Recommended Action Motion the request to 056-011 Located in Forest as Surplus approve and Purchase Agreement and authorize the Chair and Clerk

same

- (7G3) - the following recommendation from ACA on behalf of the aCE to approve and

the Lease Agreement with Gonzalez and Maria de los Angeles for Parcel No 14758+000-00

DescriptionBackground This is a to approve a New Lease Agreement between Marion County and Terry Manuel Gonzalez amp Maria de los Angeles Casablanca for Parcel 14758+000-00 which is an unconstructed platted Water

Area located in Ocala High previous owner prior to Gonzalez and Casablanca had approval through the Development Committee since 2000 to utilize the WRA is recommending that the new owners enter into the proposed the use of the property and provide Indemnification and during the term of the lease The is for a five (5) year period with option one additional (5)

and the rental rate is $100 premises shall be used as a private equestrian training arena for personal use only

Book T Page 1

December 1 14

County Owned Property - 1 dULUuu10 - $1200 annually

Action Motion to approve Agreement and Chair and Clerk to execute the same

===--===-=== - (Walk-On) - County Attomey Matthew G Minter presented following recommendation regarding Springs State Park Standard Developer Agreement with the Florida Environmental Protection (FDEP)

DescriptionBackground This is a standard agreement for Marion County to provide wastewater service to Springs State Park The County will wastewater facilities to constructed by Developer on the property ownership operation and maintena in order for County to provide

to the property The County has ag to accept such facilities upon the same to the standards of the County as

County Utilities policy and procedures including but not Marion County Utilities

None Action The Board is the attached

authorize Chairman and A motion was made by Commissioner by Commissioner Bryant

to consider Walk-On Item The motion was unanimously by the Board 0)

Chairman McClain opened the floor for public none Chairman McClain advised the public comment portion is

A motion was made by Commissioner Zalak by Commissioner Bryant the Wastewater Infrastructure and Service Agreement with

was unanimously approved by (5-0)

=~=L===== - (Walk-On) County Attorney Minter presented regarding the with Concept

DescriptionBackground This is a Marion County Utilities to provide water and wastewater real property described in

Exhibit A After negotiations County is requiring as a condition for Countys provision of water and to the property

this Developers Impact None

Action The and authorize Chairman

A motion was made by Commissioner seconded by Commissioner to Walk-On Item The motion was unanimously approved by the 0)

Chairman McClain opened the floor public comment being none Chairman McClain advised that the public comment portion is

now

1 T

December 16 2014

A motion was made by Commissioner Bryant seconded by Commissioner Moore to approve and execute the Developers Agreement with Concept Development Inc The motion was unanimously approved by the Board (5-0)

ResolutionUtilities - (Walk-On) - County Attorney Minter presented the following recommendation regarding a Resolution approving the proposed 2014 utility rates

DescriptionBackground As directed by the Board of County Commissioners the County Utilities Department staff has reviewed the reasonableness of modified rates and has presented to the Board for final approval the resulting findings in a new rate sufficiency analysis by Burton amp Associates On July 8 2014 the County staff presented to the Board a request for recommendation to modify water and wastewater service rats and reuse water rates The County staff requests final Board approval of those recommended rates Budget Impact None Recommended Action The Board is requested to approve the attached Resolution and authorize Chairman and Clerk to execute A motion was made by Commissioner Zalak seconded by Commissioner Bryant

to consider the Walk-On Item The motion was unanimously approved by the Board (5shy0)

County Attorney Minter noted this would be the first utility rate Resolution since 2009

Utilities Director Flip Mellinger advised that at the 2013 utility budget workshop staff presented the rate consultants recommendation that the department increase utility rates by 2 on water and sewer services noting the proposed Resolution will support that recommendation He stated notices were mailed to all Marion County Utility (MCU) customers advising of the proposed changes to utility rates Mr Mellinger advised that in 2011 the department reduced its rates by 11 for wastewater and 7 for water however the rate Resolution was not updated at that time

Chairman McClain opened the floor for public comment There being none Chairman McClain advised that the public comment portion is

now closed A motion was made by Commissioner Arnett seconded by Commissioner Bryant

to adopt Resolution 14-R-649 approving the 2014 amended utility rates Chairman McClain opined that Mr Mellinger and staff have been prudent in

operating the utility system Mr Minter noted the rate increase will become effective on January 1 2015

The motion was unanimously approved by the Board (5-0)

Projects amp Programs - County Attorney Minter provided a brief update in regard to the Florida PACE (Property Assessed Clean Energy) Funding Agency He addressed previous Board discussion relating to an amicus briefing that the Florida Association of Counties (FAC) is filing that the Board is watching because of questions on the constitutionality of the actual enforcement noting he has reviewed several briefs relating to cases that are pending in the Florida Supreme Court Mr Minter advised that none of those cases relate specifically to the Florida PACE Agency that the BCC has entered into an Interlocal Agreement with noting one of the claims raised relates to Judicial Foreclosures and not collection on the tax process He opined there is no reason to terminate the Interlocal Agreement as the County itself has no liability on those

Book T Page 1231

December 16 4

transactions

==I==~~=~==~= - (Walk-On) - County Administrator Kauffman the following recommendation regarding the Bargaining Agreement (CBA) between the Board of Commissioners and the Supervisory Unit Professional of Marion County International Association of hters (IAFF) Local 31

CrTllC Bargaining Agreement between the County IA 31 Supervisory Unit and County Commissioners was ratified by the body on Agreement (Exhibit must be adopted by of County become effective

Impact Neutral funds allocated for fiscal 41 Recommended Action Motion to adopt the Collective Bargaining Agreement (CBA) of IAFF Local 31 Supervisory Unit A motion was made by Commissioner seconded by Commissioner Moore

to Walk-On Item The motion was unanimously approved by the Board (5shy0)

In to Commissioner advised that an administrative was added noting benefits are already included in the adopted

Chairman McClain opened floor for public comment being none Chairman McClain advised that the public portion is

now CIO5ea A motion was made by Commissioner Moore seconded by Commissioner Bryant

to adopt CBA of the IAFF Local 31 Supervisory Unit The motion was unanimously nnrrnin by the Board (5-0)

Deputy Clerk Windberg presented Proof of of Intent to Uniform Method of

published newspaper on November 132027 and 42014 The Notice would adopting Resolutions authorizing use of the uniform collection method for valorem assessments

County Attorney Matthew Minter presented the following recommendation DescriptionBackground purpose of the public hearing is to consider adoption

resolutions authorizing use of the uniform collection method for non-ad assessments to be on the tax bills of property owners resid

following areas BELLEVI H MANOR CITRUS PARK CYPRESS COVE DEER PATH 2 MSBU EDGE EDMOND RAOUX - SE 33RD AVE FROM 38TH ST TO FLOYDS SUB ION ADDITION NO1 GEORGETOWNE

1 Book T

162014

TURF AND COUNTRY CLUB BLOCKS 8 AND 10 MSBU

MEADOW MSBU HIGH POI HUNTERDON HAMLET UNITS 1 AND UNIT 2 LAKE HETTES MSTU

- NE 2ND PL - NE 52ND AVE FROM NE TO NE

12

5

1 TO END ACRESITHOROUGHBRED AC 1ST ADDITION

TWIN LAKES RANCHETTES - SE 160TH COURT RD TURNING HAWK RANCH WESTBURY WHISPERING ISPERING ACRES FARMS WIN FI UE SOLID WASTE MSBU STORMWATER MANAGEMENT PROGRAM MSBU

The procedure for Section 1973632 and Enforcement of Non-Ad because the non-ad areas boundaries Budgetll mpact Recommended Action of County Commissioners is conduct the public hearing a motion approving the resolutions by section 1973632 authorize the Chairman and Clerk to same Commissioner Zalak a was made to the Agenda outline to

include the word Resolutions not Ord Chairman McClain opened the to public comment There was no public comment

Book 1

1 14

that the public comment portion is now closed Commissioner Zalak by Commissioner Moore

through 1 below) authorizing the use method for non-ad valorem The motion was

unanimously by Board (5-0) 1 1 - Belleview Hills Manor 2 1 1 - Citrus Park 3 1 - Cypress Cove 4 1 Path Estates Phase 1 amp 2 MSBU

1 - Edge Of The Forest 33rd6 1 - Edmond Raoux - from 38th ST to end

1 Floyds Subdivision Addition No1 8 14-R-657 Georgetowne

1 - Golden Hills Turf amp Country Club Blocks 8 and 10 1 1 Oaks MSBU 11 1 Meadow MSBU 1 1 1 - High Pointe 1 1 - Hunterdon Hamlet Units 1 14 1 Tropicana 1 1 Weir Heights 16 1 - Leighton Estates 17 1 Leonardo Estates - NE 18 1 Leonardo Estates shy from NE 4th Street to 5t

19 - Majestic Oaks Fourth Addition One 14-R-669 - Marion Oaks MSTU General Units 1 - 12

21 1 - Ocala Park Estates Units 1 4 1 1 - Pepper Tree Village 1 - Rolling HillsHills Of 1 5 1 - Rolling Ranch Estates 1 - Rolling Ranchettes 1 - Silver Springs Expansion for Recreation and

Lighting Units 1 - 9 11-1 40 47-49576265 - 68 and as replatted or 14-R-676 - Summerfield 14-R-677 - SW 16th Ave from SW 1 14-R-678 - Thoroughbred Acres 1st Addition 1 - Twin Lakes 160th Court Rd

31 14-R-680 - Turning Hawk 14-R-681 - Westbury

33 14-R-682 - Whispering EstateslWhispering Acres Estates Fantasy Farms Estates 14-R-683 - Wind gate 1 - Fire Rescue 14-R-685 - Solid Waste 14-R-686 - Stormwater Program MSBU

1 T

December 1 2014

(Ed Note The following acronyms andor are used in Item MSBU - Municipal Benefit - Avenue ST - Trmiddotoot PLshy

- Road and Municipal Service Unit)

==-=---=-====I - (6B) - Chairman McClain advised is of two public scheduled to Developers AgroonlonT

Crossings North Planned Unit Development (PU Growth Services Gregory K Stubbs AICP presented the following

recommendation regarding Developers Crossings North with James H Sweeny III

DescriptionBackground Board of County has and approved a Development Applications regarding the

North Unit Development (PUD) located along future alignment of SW 49th between SW 85th and SW 95th TrQQT approvals require completing a Developers Ag which is currently under review by the Attorneys to establish certain conditions regarding the project and the provision of infrastructure related to the project as follows 1 A maximum of 11 single family residential units on 28440 AC

Realignment of Ave to the west as in the re-zoning hearings Developer to of all 49th Avenue within the North and South PUD

4 County it will fully com construction of 49th Avenue from SW 95th Street north to SW 80th Street within five (5) years from the date of this

90thOwner agrees to convey by donation to County at the Closing Street and 85th ROWs shown on necessary to construct a two-lane collector roadway Construction be by the owner in conjunction with the development of the property adjacent to subject (Owner will not transportation impact for the value of ROW land conveyed) Utility the Contribution funds $180000000 to contributed to County u the South PUD Agreement within 60 from the date of this agreement Owner shall convey to County the WellfieldlWater Plant Parcel containing four (4) acre at a location within the boundaries the North PUD which is delineated on Conceptual PUD as the future Wellfield and Water

Board conducted of two public on December the Agreement pursuant to FS sect1 unanimously

the agreement hearing on 16 2014 the and receive public comment regarding

and act to provide final consideration and of the Agreement BudgetImpact None

Action Motion to approve the Crossings North PUD Agreement and authorize execution Chairman and Clerk

pending legal review

T Page 1

December 1 14

County Owned Property - 1 dULUuu10 - $1200 annually

Action Motion to approve Agreement and Chair and Clerk to execute the same

===--===-=== - (Walk-On) - County Attomey Matthew G Minter presented following recommendation regarding Springs State Park Standard Developer Agreement with the Florida Environmental Protection (FDEP)

DescriptionBackground This is a standard agreement for Marion County to provide wastewater service to Springs State Park The County will wastewater facilities to constructed by Developer on the property ownership operation and maintena in order for County to provide

to the property The County has ag to accept such facilities upon the same to the standards of the County as

County Utilities policy and procedures including but not Marion County Utilities

None Action The Board is the attached

authorize Chairman and A motion was made by Commissioner by Commissioner Bryant

to consider Walk-On Item The motion was unanimously by the Board 0)

Chairman McClain opened the floor for public none Chairman McClain advised the public comment portion is

A motion was made by Commissioner Zalak by Commissioner Bryant the Wastewater Infrastructure and Service Agreement with

was unanimously approved by (5-0)

=~=L===== - (Walk-On) County Attorney Minter presented regarding the with Concept

DescriptionBackground This is a Marion County Utilities to provide water and wastewater real property described in

Exhibit A After negotiations County is requiring as a condition for Countys provision of water and to the property

this Developers Impact None

Action The and authorize Chairman

A motion was made by Commissioner seconded by Commissioner to Walk-On Item The motion was unanimously approved by the 0)

Chairman McClain opened the floor public comment being none Chairman McClain advised that the public comment portion is

now

1 T

December 16 2014

A motion was made by Commissioner Bryant seconded by Commissioner Moore to approve and execute the Developers Agreement with Concept Development Inc The motion was unanimously approved by the Board (5-0)

ResolutionUtilities - (Walk-On) - County Attorney Minter presented the following recommendation regarding a Resolution approving the proposed 2014 utility rates

DescriptionBackground As directed by the Board of County Commissioners the County Utilities Department staff has reviewed the reasonableness of modified rates and has presented to the Board for final approval the resulting findings in a new rate sufficiency analysis by Burton amp Associates On July 8 2014 the County staff presented to the Board a request for recommendation to modify water and wastewater service rats and reuse water rates The County staff requests final Board approval of those recommended rates Budget Impact None Recommended Action The Board is requested to approve the attached Resolution and authorize Chairman and Clerk to execute A motion was made by Commissioner Zalak seconded by Commissioner Bryant

to consider the Walk-On Item The motion was unanimously approved by the Board (5shy0)

County Attorney Minter noted this would be the first utility rate Resolution since 2009

Utilities Director Flip Mellinger advised that at the 2013 utility budget workshop staff presented the rate consultants recommendation that the department increase utility rates by 2 on water and sewer services noting the proposed Resolution will support that recommendation He stated notices were mailed to all Marion County Utility (MCU) customers advising of the proposed changes to utility rates Mr Mellinger advised that in 2011 the department reduced its rates by 11 for wastewater and 7 for water however the rate Resolution was not updated at that time

Chairman McClain opened the floor for public comment There being none Chairman McClain advised that the public comment portion is

now closed A motion was made by Commissioner Arnett seconded by Commissioner Bryant

to adopt Resolution 14-R-649 approving the 2014 amended utility rates Chairman McClain opined that Mr Mellinger and staff have been prudent in

operating the utility system Mr Minter noted the rate increase will become effective on January 1 2015

The motion was unanimously approved by the Board (5-0)

Projects amp Programs - County Attorney Minter provided a brief update in regard to the Florida PACE (Property Assessed Clean Energy) Funding Agency He addressed previous Board discussion relating to an amicus briefing that the Florida Association of Counties (FAC) is filing that the Board is watching because of questions on the constitutionality of the actual enforcement noting he has reviewed several briefs relating to cases that are pending in the Florida Supreme Court Mr Minter advised that none of those cases relate specifically to the Florida PACE Agency that the BCC has entered into an Interlocal Agreement with noting one of the claims raised relates to Judicial Foreclosures and not collection on the tax process He opined there is no reason to terminate the Interlocal Agreement as the County itself has no liability on those

Book T Page 1231

December 16 4

transactions

==I==~~=~==~= - (Walk-On) - County Administrator Kauffman the following recommendation regarding the Bargaining Agreement (CBA) between the Board of Commissioners and the Supervisory Unit Professional of Marion County International Association of hters (IAFF) Local 31

CrTllC Bargaining Agreement between the County IA 31 Supervisory Unit and County Commissioners was ratified by the body on Agreement (Exhibit must be adopted by of County become effective

Impact Neutral funds allocated for fiscal 41 Recommended Action Motion to adopt the Collective Bargaining Agreement (CBA) of IAFF Local 31 Supervisory Unit A motion was made by Commissioner seconded by Commissioner Moore

to Walk-On Item The motion was unanimously approved by the Board (5shy0)

In to Commissioner advised that an administrative was added noting benefits are already included in the adopted

Chairman McClain opened floor for public comment being none Chairman McClain advised that the public portion is

now CIO5ea A motion was made by Commissioner Moore seconded by Commissioner Bryant

to adopt CBA of the IAFF Local 31 Supervisory Unit The motion was unanimously nnrrnin by the Board (5-0)

Deputy Clerk Windberg presented Proof of of Intent to Uniform Method of

published newspaper on November 132027 and 42014 The Notice would adopting Resolutions authorizing use of the uniform collection method for valorem assessments

County Attorney Matthew Minter presented the following recommendation DescriptionBackground purpose of the public hearing is to consider adoption

resolutions authorizing use of the uniform collection method for non-ad assessments to be on the tax bills of property owners resid

following areas BELLEVI H MANOR CITRUS PARK CYPRESS COVE DEER PATH 2 MSBU EDGE EDMOND RAOUX - SE 33RD AVE FROM 38TH ST TO FLOYDS SUB ION ADDITION NO1 GEORGETOWNE

1 Book T

162014

TURF AND COUNTRY CLUB BLOCKS 8 AND 10 MSBU

MEADOW MSBU HIGH POI HUNTERDON HAMLET UNITS 1 AND UNIT 2 LAKE HETTES MSTU

- NE 2ND PL - NE 52ND AVE FROM NE TO NE

12

5

1 TO END ACRESITHOROUGHBRED AC 1ST ADDITION

TWIN LAKES RANCHETTES - SE 160TH COURT RD TURNING HAWK RANCH WESTBURY WHISPERING ISPERING ACRES FARMS WIN FI UE SOLID WASTE MSBU STORMWATER MANAGEMENT PROGRAM MSBU

The procedure for Section 1973632 and Enforcement of Non-Ad because the non-ad areas boundaries Budgetll mpact Recommended Action of County Commissioners is conduct the public hearing a motion approving the resolutions by section 1973632 authorize the Chairman and Clerk to same Commissioner Zalak a was made to the Agenda outline to

include the word Resolutions not Ord Chairman McClain opened the to public comment There was no public comment

Book 1

1 14

that the public comment portion is now closed Commissioner Zalak by Commissioner Moore

through 1 below) authorizing the use method for non-ad valorem The motion was

unanimously by Board (5-0) 1 1 - Belleview Hills Manor 2 1 1 - Citrus Park 3 1 - Cypress Cove 4 1 Path Estates Phase 1 amp 2 MSBU

1 - Edge Of The Forest 33rd6 1 - Edmond Raoux - from 38th ST to end

1 Floyds Subdivision Addition No1 8 14-R-657 Georgetowne

1 - Golden Hills Turf amp Country Club Blocks 8 and 10 1 1 Oaks MSBU 11 1 Meadow MSBU 1 1 1 - High Pointe 1 1 - Hunterdon Hamlet Units 1 14 1 Tropicana 1 1 Weir Heights 16 1 - Leighton Estates 17 1 Leonardo Estates - NE 18 1 Leonardo Estates shy from NE 4th Street to 5t

19 - Majestic Oaks Fourth Addition One 14-R-669 - Marion Oaks MSTU General Units 1 - 12

21 1 - Ocala Park Estates Units 1 4 1 1 - Pepper Tree Village 1 - Rolling HillsHills Of 1 5 1 - Rolling Ranch Estates 1 - Rolling Ranchettes 1 - Silver Springs Expansion for Recreation and

Lighting Units 1 - 9 11-1 40 47-49576265 - 68 and as replatted or 14-R-676 - Summerfield 14-R-677 - SW 16th Ave from SW 1 14-R-678 - Thoroughbred Acres 1st Addition 1 - Twin Lakes 160th Court Rd

31 14-R-680 - Turning Hawk 14-R-681 - Westbury

33 14-R-682 - Whispering EstateslWhispering Acres Estates Fantasy Farms Estates 14-R-683 - Wind gate 1 - Fire Rescue 14-R-685 - Solid Waste 14-R-686 - Stormwater Program MSBU

1 T

December 1 2014

(Ed Note The following acronyms andor are used in Item MSBU - Municipal Benefit - Avenue ST - Trmiddotoot PLshy

- Road and Municipal Service Unit)

==-=---=-====I - (6B) - Chairman McClain advised is of two public scheduled to Developers AgroonlonT

Crossings North Planned Unit Development (PU Growth Services Gregory K Stubbs AICP presented the following

recommendation regarding Developers Crossings North with James H Sweeny III

DescriptionBackground Board of County has and approved a Development Applications regarding the

North Unit Development (PUD) located along future alignment of SW 49th between SW 85th and SW 95th TrQQT approvals require completing a Developers Ag which is currently under review by the Attorneys to establish certain conditions regarding the project and the provision of infrastructure related to the project as follows 1 A maximum of 11 single family residential units on 28440 AC

Realignment of Ave to the west as in the re-zoning hearings Developer to of all 49th Avenue within the North and South PUD

4 County it will fully com construction of 49th Avenue from SW 95th Street north to SW 80th Street within five (5) years from the date of this

90thOwner agrees to convey by donation to County at the Closing Street and 85th ROWs shown on necessary to construct a two-lane collector roadway Construction be by the owner in conjunction with the development of the property adjacent to subject (Owner will not transportation impact for the value of ROW land conveyed) Utility the Contribution funds $180000000 to contributed to County u the South PUD Agreement within 60 from the date of this agreement Owner shall convey to County the WellfieldlWater Plant Parcel containing four (4) acre at a location within the boundaries the North PUD which is delineated on Conceptual PUD as the future Wellfield and Water

Board conducted of two public on December the Agreement pursuant to FS sect1 unanimously

the agreement hearing on 16 2014 the and receive public comment regarding

and act to provide final consideration and of the Agreement BudgetImpact None

Action Motion to approve the Crossings North PUD Agreement and authorize execution Chairman and Clerk

pending legal review

T Page 1

December 16 2014

A motion was made by Commissioner Bryant seconded by Commissioner Moore to approve and execute the Developers Agreement with Concept Development Inc The motion was unanimously approved by the Board (5-0)

ResolutionUtilities - (Walk-On) - County Attorney Minter presented the following recommendation regarding a Resolution approving the proposed 2014 utility rates

DescriptionBackground As directed by the Board of County Commissioners the County Utilities Department staff has reviewed the reasonableness of modified rates and has presented to the Board for final approval the resulting findings in a new rate sufficiency analysis by Burton amp Associates On July 8 2014 the County staff presented to the Board a request for recommendation to modify water and wastewater service rats and reuse water rates The County staff requests final Board approval of those recommended rates Budget Impact None Recommended Action The Board is requested to approve the attached Resolution and authorize Chairman and Clerk to execute A motion was made by Commissioner Zalak seconded by Commissioner Bryant

to consider the Walk-On Item The motion was unanimously approved by the Board (5shy0)

County Attorney Minter noted this would be the first utility rate Resolution since 2009

Utilities Director Flip Mellinger advised that at the 2013 utility budget workshop staff presented the rate consultants recommendation that the department increase utility rates by 2 on water and sewer services noting the proposed Resolution will support that recommendation He stated notices were mailed to all Marion County Utility (MCU) customers advising of the proposed changes to utility rates Mr Mellinger advised that in 2011 the department reduced its rates by 11 for wastewater and 7 for water however the rate Resolution was not updated at that time

Chairman McClain opened the floor for public comment There being none Chairman McClain advised that the public comment portion is

now closed A motion was made by Commissioner Arnett seconded by Commissioner Bryant

to adopt Resolution 14-R-649 approving the 2014 amended utility rates Chairman McClain opined that Mr Mellinger and staff have been prudent in

operating the utility system Mr Minter noted the rate increase will become effective on January 1 2015

The motion was unanimously approved by the Board (5-0)

Projects amp Programs - County Attorney Minter provided a brief update in regard to the Florida PACE (Property Assessed Clean Energy) Funding Agency He addressed previous Board discussion relating to an amicus briefing that the Florida Association of Counties (FAC) is filing that the Board is watching because of questions on the constitutionality of the actual enforcement noting he has reviewed several briefs relating to cases that are pending in the Florida Supreme Court Mr Minter advised that none of those cases relate specifically to the Florida PACE Agency that the BCC has entered into an Interlocal Agreement with noting one of the claims raised relates to Judicial Foreclosures and not collection on the tax process He opined there is no reason to terminate the Interlocal Agreement as the County itself has no liability on those

Book T Page 1231

December 16 4

transactions

==I==~~=~==~= - (Walk-On) - County Administrator Kauffman the following recommendation regarding the Bargaining Agreement (CBA) between the Board of Commissioners and the Supervisory Unit Professional of Marion County International Association of hters (IAFF) Local 31

CrTllC Bargaining Agreement between the County IA 31 Supervisory Unit and County Commissioners was ratified by the body on Agreement (Exhibit must be adopted by of County become effective

Impact Neutral funds allocated for fiscal 41 Recommended Action Motion to adopt the Collective Bargaining Agreement (CBA) of IAFF Local 31 Supervisory Unit A motion was made by Commissioner seconded by Commissioner Moore

to Walk-On Item The motion was unanimously approved by the Board (5shy0)

In to Commissioner advised that an administrative was added noting benefits are already included in the adopted

Chairman McClain opened floor for public comment being none Chairman McClain advised that the public portion is

now CIO5ea A motion was made by Commissioner Moore seconded by Commissioner Bryant

to adopt CBA of the IAFF Local 31 Supervisory Unit The motion was unanimously nnrrnin by the Board (5-0)

Deputy Clerk Windberg presented Proof of of Intent to Uniform Method of

published newspaper on November 132027 and 42014 The Notice would adopting Resolutions authorizing use of the uniform collection method for valorem assessments

County Attorney Matthew Minter presented the following recommendation DescriptionBackground purpose of the public hearing is to consider adoption

resolutions authorizing use of the uniform collection method for non-ad assessments to be on the tax bills of property owners resid

following areas BELLEVI H MANOR CITRUS PARK CYPRESS COVE DEER PATH 2 MSBU EDGE EDMOND RAOUX - SE 33RD AVE FROM 38TH ST TO FLOYDS SUB ION ADDITION NO1 GEORGETOWNE

1 Book T

162014

TURF AND COUNTRY CLUB BLOCKS 8 AND 10 MSBU

MEADOW MSBU HIGH POI HUNTERDON HAMLET UNITS 1 AND UNIT 2 LAKE HETTES MSTU

- NE 2ND PL - NE 52ND AVE FROM NE TO NE

12

5

1 TO END ACRESITHOROUGHBRED AC 1ST ADDITION

TWIN LAKES RANCHETTES - SE 160TH COURT RD TURNING HAWK RANCH WESTBURY WHISPERING ISPERING ACRES FARMS WIN FI UE SOLID WASTE MSBU STORMWATER MANAGEMENT PROGRAM MSBU

The procedure for Section 1973632 and Enforcement of Non-Ad because the non-ad areas boundaries Budgetll mpact Recommended Action of County Commissioners is conduct the public hearing a motion approving the resolutions by section 1973632 authorize the Chairman and Clerk to same Commissioner Zalak a was made to the Agenda outline to

include the word Resolutions not Ord Chairman McClain opened the to public comment There was no public comment

Book 1

1 14

that the public comment portion is now closed Commissioner Zalak by Commissioner Moore

through 1 below) authorizing the use method for non-ad valorem The motion was

unanimously by Board (5-0) 1 1 - Belleview Hills Manor 2 1 1 - Citrus Park 3 1 - Cypress Cove 4 1 Path Estates Phase 1 amp 2 MSBU

1 - Edge Of The Forest 33rd6 1 - Edmond Raoux - from 38th ST to end

1 Floyds Subdivision Addition No1 8 14-R-657 Georgetowne

1 - Golden Hills Turf amp Country Club Blocks 8 and 10 1 1 Oaks MSBU 11 1 Meadow MSBU 1 1 1 - High Pointe 1 1 - Hunterdon Hamlet Units 1 14 1 Tropicana 1 1 Weir Heights 16 1 - Leighton Estates 17 1 Leonardo Estates - NE 18 1 Leonardo Estates shy from NE 4th Street to 5t

19 - Majestic Oaks Fourth Addition One 14-R-669 - Marion Oaks MSTU General Units 1 - 12

21 1 - Ocala Park Estates Units 1 4 1 1 - Pepper Tree Village 1 - Rolling HillsHills Of 1 5 1 - Rolling Ranch Estates 1 - Rolling Ranchettes 1 - Silver Springs Expansion for Recreation and

Lighting Units 1 - 9 11-1 40 47-49576265 - 68 and as replatted or 14-R-676 - Summerfield 14-R-677 - SW 16th Ave from SW 1 14-R-678 - Thoroughbred Acres 1st Addition 1 - Twin Lakes 160th Court Rd

31 14-R-680 - Turning Hawk 14-R-681 - Westbury

33 14-R-682 - Whispering EstateslWhispering Acres Estates Fantasy Farms Estates 14-R-683 - Wind gate 1 - Fire Rescue 14-R-685 - Solid Waste 14-R-686 - Stormwater Program MSBU

1 T

December 1 2014

(Ed Note The following acronyms andor are used in Item MSBU - Municipal Benefit - Avenue ST - Trmiddotoot PLshy

- Road and Municipal Service Unit)

==-=---=-====I - (6B) - Chairman McClain advised is of two public scheduled to Developers AgroonlonT

Crossings North Planned Unit Development (PU Growth Services Gregory K Stubbs AICP presented the following

recommendation regarding Developers Crossings North with James H Sweeny III

DescriptionBackground Board of County has and approved a Development Applications regarding the

North Unit Development (PUD) located along future alignment of SW 49th between SW 85th and SW 95th TrQQT approvals require completing a Developers Ag which is currently under review by the Attorneys to establish certain conditions regarding the project and the provision of infrastructure related to the project as follows 1 A maximum of 11 single family residential units on 28440 AC

Realignment of Ave to the west as in the re-zoning hearings Developer to of all 49th Avenue within the North and South PUD

4 County it will fully com construction of 49th Avenue from SW 95th Street north to SW 80th Street within five (5) years from the date of this

90thOwner agrees to convey by donation to County at the Closing Street and 85th ROWs shown on necessary to construct a two-lane collector roadway Construction be by the owner in conjunction with the development of the property adjacent to subject (Owner will not transportation impact for the value of ROW land conveyed) Utility the Contribution funds $180000000 to contributed to County u the South PUD Agreement within 60 from the date of this agreement Owner shall convey to County the WellfieldlWater Plant Parcel containing four (4) acre at a location within the boundaries the North PUD which is delineated on Conceptual PUD as the future Wellfield and Water

Board conducted of two public on December the Agreement pursuant to FS sect1 unanimously

the agreement hearing on 16 2014 the and receive public comment regarding

and act to provide final consideration and of the Agreement BudgetImpact None

Action Motion to approve the Crossings North PUD Agreement and authorize execution Chairman and Clerk

pending legal review

T Page 1

December 16 4

transactions

==I==~~=~==~= - (Walk-On) - County Administrator Kauffman the following recommendation regarding the Bargaining Agreement (CBA) between the Board of Commissioners and the Supervisory Unit Professional of Marion County International Association of hters (IAFF) Local 31

CrTllC Bargaining Agreement between the County IA 31 Supervisory Unit and County Commissioners was ratified by the body on Agreement (Exhibit must be adopted by of County become effective

Impact Neutral funds allocated for fiscal 41 Recommended Action Motion to adopt the Collective Bargaining Agreement (CBA) of IAFF Local 31 Supervisory Unit A motion was made by Commissioner seconded by Commissioner Moore

to Walk-On Item The motion was unanimously approved by the Board (5shy0)

In to Commissioner advised that an administrative was added noting benefits are already included in the adopted

Chairman McClain opened floor for public comment being none Chairman McClain advised that the public portion is

now CIO5ea A motion was made by Commissioner Moore seconded by Commissioner Bryant

to adopt CBA of the IAFF Local 31 Supervisory Unit The motion was unanimously nnrrnin by the Board (5-0)

Deputy Clerk Windberg presented Proof of of Intent to Uniform Method of

published newspaper on November 132027 and 42014 The Notice would adopting Resolutions authorizing use of the uniform collection method for valorem assessments

County Attorney Matthew Minter presented the following recommendation DescriptionBackground purpose of the public hearing is to consider adoption

resolutions authorizing use of the uniform collection method for non-ad assessments to be on the tax bills of property owners resid

following areas BELLEVI H MANOR CITRUS PARK CYPRESS COVE DEER PATH 2 MSBU EDGE EDMOND RAOUX - SE 33RD AVE FROM 38TH ST TO FLOYDS SUB ION ADDITION NO1 GEORGETOWNE

1 Book T

162014

TURF AND COUNTRY CLUB BLOCKS 8 AND 10 MSBU

MEADOW MSBU HIGH POI HUNTERDON HAMLET UNITS 1 AND UNIT 2 LAKE HETTES MSTU

- NE 2ND PL - NE 52ND AVE FROM NE TO NE

12

5

1 TO END ACRESITHOROUGHBRED AC 1ST ADDITION

TWIN LAKES RANCHETTES - SE 160TH COURT RD TURNING HAWK RANCH WESTBURY WHISPERING ISPERING ACRES FARMS WIN FI UE SOLID WASTE MSBU STORMWATER MANAGEMENT PROGRAM MSBU

The procedure for Section 1973632 and Enforcement of Non-Ad because the non-ad areas boundaries Budgetll mpact Recommended Action of County Commissioners is conduct the public hearing a motion approving the resolutions by section 1973632 authorize the Chairman and Clerk to same Commissioner Zalak a was made to the Agenda outline to

include the word Resolutions not Ord Chairman McClain opened the to public comment There was no public comment

Book 1

1 14

that the public comment portion is now closed Commissioner Zalak by Commissioner Moore

through 1 below) authorizing the use method for non-ad valorem The motion was

unanimously by Board (5-0) 1 1 - Belleview Hills Manor 2 1 1 - Citrus Park 3 1 - Cypress Cove 4 1 Path Estates Phase 1 amp 2 MSBU

1 - Edge Of The Forest 33rd6 1 - Edmond Raoux - from 38th ST to end

1 Floyds Subdivision Addition No1 8 14-R-657 Georgetowne

1 - Golden Hills Turf amp Country Club Blocks 8 and 10 1 1 Oaks MSBU 11 1 Meadow MSBU 1 1 1 - High Pointe 1 1 - Hunterdon Hamlet Units 1 14 1 Tropicana 1 1 Weir Heights 16 1 - Leighton Estates 17 1 Leonardo Estates - NE 18 1 Leonardo Estates shy from NE 4th Street to 5t

19 - Majestic Oaks Fourth Addition One 14-R-669 - Marion Oaks MSTU General Units 1 - 12

21 1 - Ocala Park Estates Units 1 4 1 1 - Pepper Tree Village 1 - Rolling HillsHills Of 1 5 1 - Rolling Ranch Estates 1 - Rolling Ranchettes 1 - Silver Springs Expansion for Recreation and

Lighting Units 1 - 9 11-1 40 47-49576265 - 68 and as replatted or 14-R-676 - Summerfield 14-R-677 - SW 16th Ave from SW 1 14-R-678 - Thoroughbred Acres 1st Addition 1 - Twin Lakes 160th Court Rd

31 14-R-680 - Turning Hawk 14-R-681 - Westbury

33 14-R-682 - Whispering EstateslWhispering Acres Estates Fantasy Farms Estates 14-R-683 - Wind gate 1 - Fire Rescue 14-R-685 - Solid Waste 14-R-686 - Stormwater Program MSBU

1 T

December 1 2014

(Ed Note The following acronyms andor are used in Item MSBU - Municipal Benefit - Avenue ST - Trmiddotoot PLshy

- Road and Municipal Service Unit)

==-=---=-====I - (6B) - Chairman McClain advised is of two public scheduled to Developers AgroonlonT

Crossings North Planned Unit Development (PU Growth Services Gregory K Stubbs AICP presented the following

recommendation regarding Developers Crossings North with James H Sweeny III

DescriptionBackground Board of County has and approved a Development Applications regarding the

North Unit Development (PUD) located along future alignment of SW 49th between SW 85th and SW 95th TrQQT approvals require completing a Developers Ag which is currently under review by the Attorneys to establish certain conditions regarding the project and the provision of infrastructure related to the project as follows 1 A maximum of 11 single family residential units on 28440 AC

Realignment of Ave to the west as in the re-zoning hearings Developer to of all 49th Avenue within the North and South PUD

4 County it will fully com construction of 49th Avenue from SW 95th Street north to SW 80th Street within five (5) years from the date of this

90thOwner agrees to convey by donation to County at the Closing Street and 85th ROWs shown on necessary to construct a two-lane collector roadway Construction be by the owner in conjunction with the development of the property adjacent to subject (Owner will not transportation impact for the value of ROW land conveyed) Utility the Contribution funds $180000000 to contributed to County u the South PUD Agreement within 60 from the date of this agreement Owner shall convey to County the WellfieldlWater Plant Parcel containing four (4) acre at a location within the boundaries the North PUD which is delineated on Conceptual PUD as the future Wellfield and Water

Board conducted of two public on December the Agreement pursuant to FS sect1 unanimously

the agreement hearing on 16 2014 the and receive public comment regarding

and act to provide final consideration and of the Agreement BudgetImpact None

Action Motion to approve the Crossings North PUD Agreement and authorize execution Chairman and Clerk

pending legal review

T Page 1

162014

TURF AND COUNTRY CLUB BLOCKS 8 AND 10 MSBU

MEADOW MSBU HIGH POI HUNTERDON HAMLET UNITS 1 AND UNIT 2 LAKE HETTES MSTU

- NE 2ND PL - NE 52ND AVE FROM NE TO NE

12

5

1 TO END ACRESITHOROUGHBRED AC 1ST ADDITION

TWIN LAKES RANCHETTES - SE 160TH COURT RD TURNING HAWK RANCH WESTBURY WHISPERING ISPERING ACRES FARMS WIN FI UE SOLID WASTE MSBU STORMWATER MANAGEMENT PROGRAM MSBU

The procedure for Section 1973632 and Enforcement of Non-Ad because the non-ad areas boundaries Budgetll mpact Recommended Action of County Commissioners is conduct the public hearing a motion approving the resolutions by section 1973632 authorize the Chairman and Clerk to same Commissioner Zalak a was made to the Agenda outline to

include the word Resolutions not Ord Chairman McClain opened the to public comment There was no public comment

Book 1

1 14

that the public comment portion is now closed Commissioner Zalak by Commissioner Moore

through 1 below) authorizing the use method for non-ad valorem The motion was

unanimously by Board (5-0) 1 1 - Belleview Hills Manor 2 1 1 - Citrus Park 3 1 - Cypress Cove 4 1 Path Estates Phase 1 amp 2 MSBU

1 - Edge Of The Forest 33rd6 1 - Edmond Raoux - from 38th ST to end

1 Floyds Subdivision Addition No1 8 14-R-657 Georgetowne

1 - Golden Hills Turf amp Country Club Blocks 8 and 10 1 1 Oaks MSBU 11 1 Meadow MSBU 1 1 1 - High Pointe 1 1 - Hunterdon Hamlet Units 1 14 1 Tropicana 1 1 Weir Heights 16 1 - Leighton Estates 17 1 Leonardo Estates - NE 18 1 Leonardo Estates shy from NE 4th Street to 5t

19 - Majestic Oaks Fourth Addition One 14-R-669 - Marion Oaks MSTU General Units 1 - 12

21 1 - Ocala Park Estates Units 1 4 1 1 - Pepper Tree Village 1 - Rolling HillsHills Of 1 5 1 - Rolling Ranch Estates 1 - Rolling Ranchettes 1 - Silver Springs Expansion for Recreation and

Lighting Units 1 - 9 11-1 40 47-49576265 - 68 and as replatted or 14-R-676 - Summerfield 14-R-677 - SW 16th Ave from SW 1 14-R-678 - Thoroughbred Acres 1st Addition 1 - Twin Lakes 160th Court Rd

31 14-R-680 - Turning Hawk 14-R-681 - Westbury

33 14-R-682 - Whispering EstateslWhispering Acres Estates Fantasy Farms Estates 14-R-683 - Wind gate 1 - Fire Rescue 14-R-685 - Solid Waste 14-R-686 - Stormwater Program MSBU

1 T

December 1 2014

(Ed Note The following acronyms andor are used in Item MSBU - Municipal Benefit - Avenue ST - Trmiddotoot PLshy

- Road and Municipal Service Unit)

==-=---=-====I - (6B) - Chairman McClain advised is of two public scheduled to Developers AgroonlonT

Crossings North Planned Unit Development (PU Growth Services Gregory K Stubbs AICP presented the following

recommendation regarding Developers Crossings North with James H Sweeny III

DescriptionBackground Board of County has and approved a Development Applications regarding the

North Unit Development (PUD) located along future alignment of SW 49th between SW 85th and SW 95th TrQQT approvals require completing a Developers Ag which is currently under review by the Attorneys to establish certain conditions regarding the project and the provision of infrastructure related to the project as follows 1 A maximum of 11 single family residential units on 28440 AC

Realignment of Ave to the west as in the re-zoning hearings Developer to of all 49th Avenue within the North and South PUD

4 County it will fully com construction of 49th Avenue from SW 95th Street north to SW 80th Street within five (5) years from the date of this

90thOwner agrees to convey by donation to County at the Closing Street and 85th ROWs shown on necessary to construct a two-lane collector roadway Construction be by the owner in conjunction with the development of the property adjacent to subject (Owner will not transportation impact for the value of ROW land conveyed) Utility the Contribution funds $180000000 to contributed to County u the South PUD Agreement within 60 from the date of this agreement Owner shall convey to County the WellfieldlWater Plant Parcel containing four (4) acre at a location within the boundaries the North PUD which is delineated on Conceptual PUD as the future Wellfield and Water

Board conducted of two public on December the Agreement pursuant to FS sect1 unanimously

the agreement hearing on 16 2014 the and receive public comment regarding

and act to provide final consideration and of the Agreement BudgetImpact None

Action Motion to approve the Crossings North PUD Agreement and authorize execution Chairman and Clerk

pending legal review

T Page 1

1 14

that the public comment portion is now closed Commissioner Zalak by Commissioner Moore

through 1 below) authorizing the use method for non-ad valorem The motion was

unanimously by Board (5-0) 1 1 - Belleview Hills Manor 2 1 1 - Citrus Park 3 1 - Cypress Cove 4 1 Path Estates Phase 1 amp 2 MSBU

1 - Edge Of The Forest 33rd6 1 - Edmond Raoux - from 38th ST to end

1 Floyds Subdivision Addition No1 8 14-R-657 Georgetowne

1 - Golden Hills Turf amp Country Club Blocks 8 and 10 1 1 Oaks MSBU 11 1 Meadow MSBU 1 1 1 - High Pointe 1 1 - Hunterdon Hamlet Units 1 14 1 Tropicana 1 1 Weir Heights 16 1 - Leighton Estates 17 1 Leonardo Estates - NE 18 1 Leonardo Estates shy from NE 4th Street to 5t

19 - Majestic Oaks Fourth Addition One 14-R-669 - Marion Oaks MSTU General Units 1 - 12

21 1 - Ocala Park Estates Units 1 4 1 1 - Pepper Tree Village 1 - Rolling HillsHills Of 1 5 1 - Rolling Ranch Estates 1 - Rolling Ranchettes 1 - Silver Springs Expansion for Recreation and

Lighting Units 1 - 9 11-1 40 47-49576265 - 68 and as replatted or 14-R-676 - Summerfield 14-R-677 - SW 16th Ave from SW 1 14-R-678 - Thoroughbred Acres 1st Addition 1 - Twin Lakes 160th Court Rd

31 14-R-680 - Turning Hawk 14-R-681 - Westbury

33 14-R-682 - Whispering EstateslWhispering Acres Estates Fantasy Farms Estates 14-R-683 - Wind gate 1 - Fire Rescue 14-R-685 - Solid Waste 14-R-686 - Stormwater Program MSBU

1 T

December 1 2014

(Ed Note The following acronyms andor are used in Item MSBU - Municipal Benefit - Avenue ST - Trmiddotoot PLshy

- Road and Municipal Service Unit)

==-=---=-====I - (6B) - Chairman McClain advised is of two public scheduled to Developers AgroonlonT

Crossings North Planned Unit Development (PU Growth Services Gregory K Stubbs AICP presented the following

recommendation regarding Developers Crossings North with James H Sweeny III

DescriptionBackground Board of County has and approved a Development Applications regarding the

North Unit Development (PUD) located along future alignment of SW 49th between SW 85th and SW 95th TrQQT approvals require completing a Developers Ag which is currently under review by the Attorneys to establish certain conditions regarding the project and the provision of infrastructure related to the project as follows 1 A maximum of 11 single family residential units on 28440 AC

Realignment of Ave to the west as in the re-zoning hearings Developer to of all 49th Avenue within the North and South PUD

4 County it will fully com construction of 49th Avenue from SW 95th Street north to SW 80th Street within five (5) years from the date of this

90thOwner agrees to convey by donation to County at the Closing Street and 85th ROWs shown on necessary to construct a two-lane collector roadway Construction be by the owner in conjunction with the development of the property adjacent to subject (Owner will not transportation impact for the value of ROW land conveyed) Utility the Contribution funds $180000000 to contributed to County u the South PUD Agreement within 60 from the date of this agreement Owner shall convey to County the WellfieldlWater Plant Parcel containing four (4) acre at a location within the boundaries the North PUD which is delineated on Conceptual PUD as the future Wellfield and Water

Board conducted of two public on December the Agreement pursuant to FS sect1 unanimously

the agreement hearing on 16 2014 the and receive public comment regarding

and act to provide final consideration and of the Agreement BudgetImpact None

Action Motion to approve the Crossings North PUD Agreement and authorize execution Chairman and Clerk

pending legal review

T Page 1

December 1 2014

(Ed Note The following acronyms andor are used in Item MSBU - Municipal Benefit - Avenue ST - Trmiddotoot PLshy

- Road and Municipal Service Unit)

==-=---=-====I - (6B) - Chairman McClain advised is of two public scheduled to Developers AgroonlonT

Crossings North Planned Unit Development (PU Growth Services Gregory K Stubbs AICP presented the following

recommendation regarding Developers Crossings North with James H Sweeny III

DescriptionBackground Board of County has and approved a Development Applications regarding the

North Unit Development (PUD) located along future alignment of SW 49th between SW 85th and SW 95th TrQQT approvals require completing a Developers Ag which is currently under review by the Attorneys to establish certain conditions regarding the project and the provision of infrastructure related to the project as follows 1 A maximum of 11 single family residential units on 28440 AC

Realignment of Ave to the west as in the re-zoning hearings Developer to of all 49th Avenue within the North and South PUD

4 County it will fully com construction of 49th Avenue from SW 95th Street north to SW 80th Street within five (5) years from the date of this

90thOwner agrees to convey by donation to County at the Closing Street and 85th ROWs shown on necessary to construct a two-lane collector roadway Construction be by the owner in conjunction with the development of the property adjacent to subject (Owner will not transportation impact for the value of ROW land conveyed) Utility the Contribution funds $180000000 to contributed to County u the South PUD Agreement within 60 from the date of this agreement Owner shall convey to County the WellfieldlWater Plant Parcel containing four (4) acre at a location within the boundaries the North PUD which is delineated on Conceptual PUD as the future Wellfield and Water

Board conducted of two public on December the Agreement pursuant to FS sect1 unanimously

the agreement hearing on 16 2014 the and receive public comment regarding

and act to provide final consideration and of the Agreement BudgetImpact None

Action Motion to approve the Crossings North PUD Agreement and authorize execution Chairman and Clerk

pending legal review

T Page 1

where additional road lanes are

Section SW 49th

construction parcel L for the wellfield

to Commissioner

the [Ocala

following recommendation PUD] with 1

Applications regarding Crossings South Planned Unit Development (PUD) project located

SW 80th Street and SW 95th

December 1 4

122014 from the law amp Haines PA along with a page copy of the Developers

North PUD] between Marion County and James H minor changes to the and the conceptual plan noting

are aware to those changes Mr Bouyounes page Agreement and added Section

document as it the retention of the SW 49th Avenue rights-of-way (ROW) the developer will have to provide liability to utilize the ROW once it is dedicated to County

In to Commissioner Zalak Mr referred to page 51 which that the SW 49th Avenue ROW will be 120 feet in width

noting temporary construction provided by the developer for any intersection improvements that noted page 8 also some minor edits Mr Bouyounes

91 clarifies which party will provide sketches and Avenue ROW 101 addresses temporary

Page 26 provides a of exhibits as it related

property is currently being to continue to use the ROW until it is

addressed the a portion of the ROW

a farm with and the developer would for construction in approximately 3 or 4

McClain opened the floor was no public comment

Chairman McClain advised that public comment portion is now closed motion was made by Commissioner seconded by Commissioner

to approve and execute the Developers Ag [Ocala Crossings North Planned Unit (PUD)] The motion was unanimously approved by the Board (5-0)

AC is the abbreviation of and sect is the symbol for section )

Contracts amp AgreementsZoning - (6C) Chairman McClain advised this is public hearings consider the Developers Ag

South PUDlo Growth Services Director

Developers Agreement P2 LLC Bradford Executive Holdings

DescriptionBackground The approved a series of Land

alignment of SW 49th Avenue require completing a Agreement which is currently under

by the Attorneys to establish conditions regarding the and provision of infrastructure the project as follows

1 A maximum of 1114 family residential units on 27858 AC Realignment of SW 49th west as discussed in the public

Developer to convey of ROW located within North and South PUD Properties

1 Book T

December 162014

4 County agrees that it will fully complete construction of 49th Avenue from SW 95th Street north to SW 80th Street within five (5) years from the effective date of this agreement

5 Owner agrees to convey by donation to County at the Closing the 90th

Street and 85th Street ROWs shown on Exhibit C necessary to construct a two-lane collector roadway Construction shall be by the owner in conjunction with the development of the property adjacent to subject ROWs (Owner will not receive transportation impact fee credits for the value of the ROW land conveyed)

6 Utility improvements include the Capital Contribution funds of $180000000 to be contributed to County under this PUD Agreement within 60 days from the date of this agreement

7 Developer dedication of a 10 AC park site 8 Developer dedication of a 3 AC EMS site The Board conduct two public hearings regarding the Agreement pursuant to FS sect1633225 and this consideration is the first hearing Staff recommends the Board discuss and receive public comment regarding the Agreement Amendment and confirmset the secondfinal public hearing date scheduled for Tuesday December 16 2014 at 1000 am BudgetImpact None Recommended Action The Board conducted the first of two public hearings on December 2 2014 regarding the Agreement pursuant to FS sect1633225 and unanimously approved moving the agreement to the final hearing on December 16 2014 Staff recommends the Board discuss and receive public comment regarding the Agreement and act to provide final consideration and approval of the Agreement BudgetImpact None Recommended Action Motion to approve the Ocala Crossings South PUD Developers Agreement and authorize execution by the Chairman and Clerk pending legal review ACA Bouyounes presented a 31 page copy of the Developers Agreement [Ocala

Crossings South PUD] between Marion County and Bradford 159 P2 LLC and Bradford Executive Holdings LLC He provided a brief overview of the minor changes recently made to the Agreement Mr Bouyounes referred to page 8 Section 62 and page 15 Section 101 which addresses the 3 acre parcel that will be utilized by the County as the site of a future Fire Rescue services facility

In response to Mr Minter Steve Gray NE pt Avenue attorney representing the developers referred to Exhibit G (page 31) and advised that the commercial ROW parcel is not part of the main parcel through which SW 49th Street will run noting the deed has been signed by Todd Rudnianyn

Chairman McClain opened the floor to public comment Kim Delano SW 90th Street presented an aerial photograph showing the existing

tree line between her property and the proposed PUD noting she did not object to the PUD however her main concerns are maintaining property values as well as the ability of surrounding property owners to retain their current way of life She requested the developers be required to provide a deeded greenspace buffer between the subdivision and surrounding properties Ms Delano stated the offer of a 10 foot wide buffer was unreasonable noting the buffer will belong to the person who purchases the platted lots

Book T Page 1237

December 162014

4 County agrees that it will fully complete construction of 49th Avenue from SW 95th Street north to SW 80th Street within five (5) years from the effective date of this agreement

5 Owner agrees to convey by donation to County at the Closing the 90th

Street and 85th Street ROWs shown on Exhibit C necessary to construct a two-lane collector roadway Construction shall be by the owner in conjunction with the development of the property adjacent to subject ROWs (Owner will not receive transportation impact fee credits for the value of the ROW land conveyed)

6 Utility improvements include the Capital Contribution funds of $180000000 to be contributed to County under this PUD Agreement within 60 days from the date of this agreement

7 Developer dedication of a 10 AC park site 8 Developer dedication of a 3 AC EMS site The Board conduct two public hearings regarding the Agreement pursuant to FS sect1633225 and this consideration is the first hearing Staff recommends the Board discuss and receive public comment regarding the Agreement Amendment and confirmset the secondfinal public hearing date scheduled for Tuesday December 16 2014 at 1000 am BudgetImpact None Recommended Action The Board conducted the first of two public hearings on December 2 2014 regarding the Agreement pursuant to FS sect1633225 and unanimously approved moving the agreement to the final hearing on December 16 2014 Staff recommends the Board discuss and receive public comment regarding the Agreement and act to provide final consideration and approval of the Agreement BudgetImpact None Recommended Action Motion to approve the Ocala Crossings South PUD Developers Agreement and authorize execution by the Chairman and Clerk pending legal review ACA Bouyounes presented a 31 page copy of the Developers Agreement [Ocala

Crossings South PUD] between Marion County and Bradford 159 P2 LLC and Bradford Executive Holdings LLC He provided a brief overview of the minor changes recently made to the Agreement Mr Bouyounes referred to page 8 Section 62 and page 15 Section 101 which addresses the 3 acre parcel that will be utilized by the County as the site of a future Fire Rescue services facility

In response to Mr Minter Steve Gray NE pt Avenue attorney representing the developers referred to Exhibit G (page 31) and advised that the commercial ROW parcel is not part of the main parcel through which SW 49th Street will run noting the deed has been signed by Todd Rudnianyn

Chairman McClain opened the floor to public comment Kim Delano SW 90th Street presented an aerial photograph showing the existing

tree line between her property and the proposed PUD noting she did not object to the PUD however her main concerns are maintaining property values as well as the ability of surrounding property owners to retain their current way of life She requested the developers be required to provide a deeded greenspace buffer between the subdivision and surrounding properties Ms Delano stated the offer of a 10 foot wide buffer was unreasonable noting the buffer will belong to the person who purchases the platted lots

Book T Page 1237

December 16 2014

facing her property and the new owner can cut down those trees if they choose so she has no guarantee of a permanent buffer

Chairman McClain advised that the 10 foot buffer is a requirement of the Developers Agreement which is what the Board is considering at this time He stated there is a tree Ordinance in the Countys Land Development Code (LDC) that contains requirements should trees be removed Chairman McClain advised that the Developers Agreement stipulates that the developer or anyone who purchases properties with the buffer on it will be responsible for keeping the buffer into perpetuity per Sections 152 through 154 (pages 21 and 22)

Glen Johnson SW 90th Street commented on the LDC as it relates to tree removal Chairman McClain reiterated that the new property owners will be responsible for maintaining the buffer

Roger Knechtel SE 97th Terrace Road Summerfield opined that the existing property owners should receive the type of buffers they are requesting

Chairman McClain advised that public comment portion is now closed A motion was made by Commissioner Zalak seconded by Commissioner Moore

to approve and execute the Developers Agreement [Ocala Crossings South PUDlo The motion was unanimously approved by the Board (5-0)

(Ed Note EMS is the acronym for Emergency Medical Services)

County Administration - (9A) - County Administrator Kauffman presented the Administrative Update

Public Information Manager Barbra Hernandez presented a short video featuring Commissioner Moore and Director of Governmental Affairs Jeannie Rickman that provided information regarding the Marion County Citizens Academy which is a ten week program offering citizens a behind-the-scenes look at many Marion County services and departments She stated more information regarding the Citizens Academy can be viewed on Twitter Facebook and the Countys website

Legislation - (9B) - County Administrator William G Kauffman presented the following recommendation regarding the 2015 State Legislative Priorities

DescriptionBackground The Board of County Commissioners held a workshop 011 Tuesday December 2 2014 to discuss and consider the countys state legislative priorities for the 2015 legislative session Budget requests were considered as well as several other items including Marion County Land and Water Sales Tax Reform Cost Share of Medicaid Florida Retirement System to name a few Attached for consideration and approval is a proposed draft of the 2015 State Legislative Priorities Pending approval a formal packet will be prepared and distributed to the Marion County Legislative Delegation members in preparation of the Legislative Delegation meeting scheduled for January 12 2015 BudgetImpact None Recommended Action Motion to approve the 2015 State Legislative Priorities Commissioner Zalak opined that the legislative priority relating to Tax Reform

should be reworded It was the general consensus of the Board to concur A motion was made by Commissioner Zalak seconded by Commissioner Moore

to approve the 2015 State Legislative Priorities as amended The motion was unanimously approved by the Board (5-0)

Page 1238 Book T

of

and federal

Administrator

162014

=====J-=====- - (9C) - County Kauffman recommendation regarding a blanket approval for Legislative

Commissioners County of January 1 through May the 2015 state legislative

January 5 2015 Additional own state delegation

scheduled throughout the period from January 1 May as the state legislative concludes in

continued discussion of federal The Board of County Comm County Administrator and Governmental Affairs shall required to travel to Tallahassee Florida Washington DC and occasionally the district offices outside the county Consideration and is requested for blanket approval the required legislative travel as scheduling permits BudgetImpact None Recommended Action Motion to approve blanket approval for by the Board of County issioners County Governmental January 1 2015 through May A motion was made by seconded by

to approve Legislative travel for January 1 through May 30 was unanimously approved by

- County Administrator Kauffman the following recommendation NW 35th Street drainage retention area and Right of Way (ROW) landscaping NW 27th Avenue and US 441

DescriptionBackground During June 6 2013 Board of County Workshop a discussion regarding a landscaping plan for Street (NW 27th Ave to 1) project Construction of the project is substantially complete and the Contractor is working on completing Punch List alternatives of landscaping have been developed for consideration alternatives rimaril followin

AIt Descri tion A Complete landscaping stormwater basins including

Landscaping of only palms and

D A modified version

2014 it is Future

Commissioner Zalak

of these

boulders palms grasses screened utllit areas and

B in the stormwater basins and in the

C Landscaping of only in the stormwater basins

$11109600 Following an onsite and County staff on December 3 that Alternate D be for implementation measures will be done by a contractor as part of the ongoing mowing contract or stand-alone depending on which alternative is

$61911

Book T 1

of

and federal

Administrator

162014

=====J-=====- - (9C) - County Kauffman recommendation regarding a blanket approval for Legislative

Commissioners County of January 1 through May the 2015 state legislative

January 5 2015 Additional own state delegation

scheduled throughout the period from January 1 May as the state legislative concludes in

continued discussion of federal The Board of County Comm County Administrator and Governmental Affairs shall required to travel to Tallahassee Florida Washington DC and occasionally the district offices outside the county Consideration and is requested for blanket approval the required legislative travel as scheduling permits BudgetImpact None Recommended Action Motion to approve blanket approval for by the Board of County issioners County Governmental January 1 2015 through May A motion was made by seconded by

to approve Legislative travel for January 1 through May 30 was unanimously approved by

- County Administrator Kauffman the following recommendation NW 35th Street drainage retention area and Right of Way (ROW) landscaping NW 27th Avenue and US 441

DescriptionBackground During June 6 2013 Board of County Workshop a discussion regarding a landscaping plan for Street (NW 27th Ave to 1) project Construction of the project is substantially complete and the Contractor is working on completing Punch List alternatives of landscaping have been developed for consideration alternatives rimaril followin

AIt Descri tion A Complete landscaping stormwater basins including

Landscaping of only palms and

D A modified version

2014 it is Future

Commissioner Zalak

of these

boulders palms grasses screened utllit areas and

B in the stormwater basins and in the

C Landscaping of only in the stormwater basins

$11109600 Following an onsite and County staff on December 3 that Alternate D be for implementation measures will be done by a contractor as part of the ongoing mowing contract or stand-alone depending on which alternative is

$61911

Book T 1

December 162014

In addition we currently three corridors where capacity construction impending within next five years for which staff is on whether or not should be included and to what extent

411 NE 35th frt (US 441 to about 600 east of West Anthony of 03 miles

411 Loop (US 1 to SR 35) a total of 52 miles 411 SW 49th40th Avenue (SW 95th Street to SW 42nd Street Flyover) a lof

50 miles Budget Impact $209 50 - $6191175 (depending on which is selected) from Transportation Bond funds (1279-563609)

Motion to approve Alternative 0 and applicable funding for to use similar landscaping along of future

St SE 92nd Loop and SW 49th40th

was completed and is a new US 441 into u previous Board direction

planting the project was noting (A through C) and is now presenting a plan (D) which is

B Mr Bouyounes as much as possible noting

o is $110000 with a preliminary to 000 annually

stated he worked with staff on this project and providing the Commerce Park with a

It will also provide an example of what is ex()ectea private sector in future landscaping projects He opined that is a step in the right direction

Mr staff is also requesting additional relating to 92nd(Belleview Beltway Loop SW 49th40th Avenue

can wait to provide further direction until the road are completed similar to the Fed-Ex road project It was the general

to staff to incorporate a landscaping plan as of the bid

by Commissioner Zalak seconded by Arnett to approve applicable funding for construction as well as direct staff to use similar along corridors of future motion was unanimously by the Board (5-0)

=oJ-J=1-o=cgt - County Administrator on Marion County a Merry Christmas

by Commissioner Zalak 92014 to the Army requesting $250000 in (FY) 2015 to clear trees and debris from Ocklawaha River The motion was unanimously approved by the Board (5-0)

- (11B) - the following recommendation from Senior Assistant County Attorney O Taylor regarding the

1 T

December 16 2014

scheduling negotiations andor litigation CTr~lTOr11

of a closed to 286011 (8) to discuss settlement case of Ovedia Rhoulhac (Lewis) versus (vs)

Marion County DescriptionBackground Marion County is currently involved in a Workers Compensation claim by Sheriffs employment Florida 011 (8) Interim County Administrator Senior Assistant County negotiations andor litigation Closed BudgetImpact which are

286011(8) on Thursday thereof

( who was employed with the of accident was April 11 1989 Her

with the Board the County Attorney Dana O Taylor

to discuss settlement Board authorize the

counsel fees

pursuant to FS 800 a m and the advertisement

A motion was made by by Commissioner Arnett to advertise and schedule a January 8 2015 at 800 am to discuss settlement andor in the case of Ovedia Rhoulhac (Lewis) vs Marion County motion was unanimously approved by the Board (5-0)

Commissioners - (11C) The rd following recommendation from County Administrator Kauffman regarding scheduling of the Strategic Planning Workshop at the Growth Services Training Room

DescriptionBackground As been previously held the Board of County Commissioners wish to conduct their annual ing Workshop for 2015 to establish the countys future goals initiatives appropriate budget planning Staff is recommending a proposed date for workshop approval to proceed with preparing an agenda It is requested to schedule the

Growth Workshop on Thursday January

22 2015 at 830 am at Room BudgetImpact None Recommended Action Motion to

5 approved by the

Workshop for Thursday January Training Room and proceed with A motion was made by Commissioner

to schedule the Strategic Planning Workshop on at the Growth Services Training Room Board (5-0)

Commissioners - (Walk-On)

for a new N

that earlier in the meeting the Board approved Legislative 1 through May 30 2015 (Item 9C) however there is an upcoming trip to the end of the year to discuss

Planning Services

Arnett 830 am

Book T Page 1241

December 16 2014

A motion was by Commissioner Bryant seconded by to consider Walk-On motion was unanimously approved 0)

Chairman McClain the floor to public comment There was no public comment Chairman McClain advised that public comment portion is now A motion was by Commissioner Bryant seconded by

to approve out of County travel for Commissioner Arnett to to lobby for the State Program site The motion was unanimously approved by the Board (5-0)

===-J==---=--= - (12A1) - Commissioner Bryant wished and Happy New Year She provided an on the recent

food campaign Commissioner Bryant thanked the County work support noting Interfaith and other are

throughout the year

==== - (12A2) Commissioner Moore updating prior to todays meeting in relation to everyone a Happy Merry Christmas and a Happy

-=-===-== - (12A3) - Commissioner a Merry Christmas

- (Walk-On) Commissioner Zalak commented on resignation of his appointee for and Land Acquisition Council (PRAC) noting would like to discuss a new

A motion was by Commissioner Zalak by Commissioner Moore to the Walk-On item The motion was unanimously approved by the Board (5shy0)

Chairman McClain opened the floor to public comment was no public comment

Chairman advised that public comment portion is now closed A by Commissioner by Commissioner Bryant

to appoint Max to serve as a member of PRAC motion was unanimously approved by (5-0)

- (12A4) - Chairman everyone a Merry Christmas thanked the Marion County for starting the meeting with a wonderful message noting he is looking forward to a 5 for Marion County

==~==- (12A5) - Commissioner on letters the Board regarding BCC meetings being opened with a prayer advised that the City of may now be sued for this practice and how the Board could show its support to the City Council

1 T

December 16 2014

Mr Minter advised that the United States (US) Supreme Court recently upheld the historical practice of Legislative prayer not only for Congress and State legislative bodies but for local governments as well

It was the general consensus of the Board to send a Letter of Support to the Ocala City Council

Commissioners - (12B) - The Chairman acknowledged receipt of the Commission calendar covering the period of December 15 2014 through January 20 2015

Suits - (12C1) - Roger Knechtel SE 9Th Terrace Road Summerfield advised that a lawsuit has been filed against Mayor Kent Guinn City of Ocala and Ocala Police Department (OPD) Chief Greg Graham

Commissioners - (12C2) - Henry Munoz Marion Oaks Boulevard thanked the BCC for its service this past year

Commissioners - (12C3) - Chairman McClain on behalf of the BCC wished Butch Verrando a Happy Birthday

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence items A and B from County Administrator Niblock and items C through 0 from Clerk Ellspermann

County Administrator A County Administrator Informational Items

1 Ocala Marion County Chamber and Economic Partnership (CEP) Activity Report November 2014 and Performance Matrix 2015

B General Informational Items 1 Marion County Health Department - For the latest edition of Marion

Scripts visit the website at httpwwwdohstatefluschdMarion servicesnewslettershtml

C Clerk Ellspermann 1 Present memorandum from David R Ellspermann Clerk of Circuit

Court and Comptroller regarding the filing of Ordinances 14-26 (Comprehensive Plan) 14-27 (Comprehensive Plan) and 14-28 (Zoning) with the Secretary of States Office

2 Present Certificates certifying there has been no election in Marion County resulting in a recall of the racing permits held by Ocala Breeders Sales Co Inc Ocala Jai Alai and South Marion Real Estate Holdings LLC Facilities

3 Present regular report of utilization for Reserve for Contingencies 4 Present monthly report for the Building Department Budget and

Actual 5 Present the Acquisition or Disposition of Property Forms authorizing

changes in status as follows 34561 34582 34583 34899 34900 362743627636277362783676739575 40250 4119541233 42235 42257 42514 42978 42980 43955 44042 44055 44244 and 44967

Book T Page 1243

December 16 2014

A motion was by Commissioner Bryant seconded by to consider Walk-On motion was unanimously approved 0)

Chairman McClain the floor to public comment There was no public comment Chairman McClain advised that public comment portion is now A motion was by Commissioner Bryant seconded by

to approve out of County travel for Commissioner Arnett to to lobby for the State Program site The motion was unanimously approved by the Board (5-0)

===-J==---=--= - (12A1) - Commissioner Bryant wished and Happy New Year She provided an on the recent

food campaign Commissioner Bryant thanked the County work support noting Interfaith and other are

throughout the year

==== - (12A2) Commissioner Moore updating prior to todays meeting in relation to everyone a Happy Merry Christmas and a Happy

-=-===-== - (12A3) - Commissioner a Merry Christmas

- (Walk-On) Commissioner Zalak commented on resignation of his appointee for and Land Acquisition Council (PRAC) noting would like to discuss a new

A motion was by Commissioner Zalak by Commissioner Moore to the Walk-On item The motion was unanimously approved by the Board (5shy0)

Chairman McClain opened the floor to public comment was no public comment

Chairman advised that public comment portion is now closed A by Commissioner by Commissioner Bryant

to appoint Max to serve as a member of PRAC motion was unanimously approved by (5-0)

- (12A4) - Chairman everyone a Merry Christmas thanked the Marion County for starting the meeting with a wonderful message noting he is looking forward to a 5 for Marion County

==~==- (12A5) - Commissioner on letters the Board regarding BCC meetings being opened with a prayer advised that the City of may now be sued for this practice and how the Board could show its support to the City Council

1 T

December 16 2014

Mr Minter advised that the United States (US) Supreme Court recently upheld the historical practice of Legislative prayer not only for Congress and State legislative bodies but for local governments as well

It was the general consensus of the Board to send a Letter of Support to the Ocala City Council

Commissioners - (12B) - The Chairman acknowledged receipt of the Commission calendar covering the period of December 15 2014 through January 20 2015

Suits - (12C1) - Roger Knechtel SE 9Th Terrace Road Summerfield advised that a lawsuit has been filed against Mayor Kent Guinn City of Ocala and Ocala Police Department (OPD) Chief Greg Graham

Commissioners - (12C2) - Henry Munoz Marion Oaks Boulevard thanked the BCC for its service this past year

Commissioners - (12C3) - Chairman McClain on behalf of the BCC wished Butch Verrando a Happy Birthday

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence items A and B from County Administrator Niblock and items C through 0 from Clerk Ellspermann

County Administrator A County Administrator Informational Items

1 Ocala Marion County Chamber and Economic Partnership (CEP) Activity Report November 2014 and Performance Matrix 2015

B General Informational Items 1 Marion County Health Department - For the latest edition of Marion

Scripts visit the website at httpwwwdohstatefluschdMarion servicesnewslettershtml

C Clerk Ellspermann 1 Present memorandum from David R Ellspermann Clerk of Circuit

Court and Comptroller regarding the filing of Ordinances 14-26 (Comprehensive Plan) 14-27 (Comprehensive Plan) and 14-28 (Zoning) with the Secretary of States Office

2 Present Certificates certifying there has been no election in Marion County resulting in a recall of the racing permits held by Ocala Breeders Sales Co Inc Ocala Jai Alai and South Marion Real Estate Holdings LLC Facilities

3 Present regular report of utilization for Reserve for Contingencies 4 Present monthly report for the Building Department Budget and

Actual 5 Present the Acquisition or Disposition of Property Forms authorizing

changes in status as follows 34561 34582 34583 34899 34900 362743627636277362783676739575 40250 4119541233 42235 42257 42514 42978 42980 43955 44042 44055 44244 and 44967

Book T Page 1243

December 16 2014

Mr Minter advised that the United States (US) Supreme Court recently upheld the historical practice of Legislative prayer not only for Congress and State legislative bodies but for local governments as well

It was the general consensus of the Board to send a Letter of Support to the Ocala City Council

Commissioners - (12B) - The Chairman acknowledged receipt of the Commission calendar covering the period of December 15 2014 through January 20 2015

Suits - (12C1) - Roger Knechtel SE 9Th Terrace Road Summerfield advised that a lawsuit has been filed against Mayor Kent Guinn City of Ocala and Ocala Police Department (OPD) Chief Greg Graham

Commissioners - (12C2) - Henry Munoz Marion Oaks Boulevard thanked the BCC for its service this past year

Commissioners - (12C3) - Chairman McClain on behalf of the BCC wished Butch Verrando a Happy Birthday

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Notation for Record correspondence items A and B from County Administrator Niblock and items C through 0 from Clerk Ellspermann

County Administrator A County Administrator Informational Items

1 Ocala Marion County Chamber and Economic Partnership (CEP) Activity Report November 2014 and Performance Matrix 2015

B General Informational Items 1 Marion County Health Department - For the latest edition of Marion

Scripts visit the website at httpwwwdohstatefluschdMarion servicesnewslettershtml

C Clerk Ellspermann 1 Present memorandum from David R Ellspermann Clerk of Circuit

Court and Comptroller regarding the filing of Ordinances 14-26 (Comprehensive Plan) 14-27 (Comprehensive Plan) and 14-28 (Zoning) with the Secretary of States Office

2 Present Certificates certifying there has been no election in Marion County resulting in a recall of the racing permits held by Ocala Breeders Sales Co Inc Ocala Jai Alai and South Marion Real Estate Holdings LLC Facilities

3 Present regular report of utilization for Reserve for Contingencies 4 Present monthly report for the Building Department Budget and

Actual 5 Present the Acquisition or Disposition of Property Forms authorizing

changes in status as follows 34561 34582 34583 34899 34900 362743627636277362783676739575 40250 4119541233 42235 42257 42514 42978 42980 43955 44042 44055 44244 and 44967

Book T Page 1243

December 16 2014

6 For the month ended November 30 2014 a list of checks drawn on Commission accounts pursuant to Chapter 13606 Florida Statutes are located at the following website address httpwwwmarioncountyclerkorgpublicindexcfmPg=boardcheck registers

D Present for information and record minutes and notices received from the following committees and agencies 1 Board of Adjustment (BOA) - November 32014 2 FY 2013-2014 CDBGHOME Consolidated Annual Performance and

Evaluation Report (CAPER) (Budget Impact None) 3 Marion County Hospital District Board of Trustees (MCHD) - October

272014 4 Marion Oaks MSTU for General Services Advisory Council- October

222014 5 Munroe Regional Health System Inc (MRHS) - October 272014 6 Planning amp Zoning Commission (PampZ) - October 27 2014 7 Southwest Florida Water Management District (SWFWMD) - for

minutes and agendas visit the website at httpwwwWater Mattersorg

8 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpwwwfloridas watercom

9 Transportation Planning Organization (TPO) - for minutes and agendas visit the website at httpwwwocalaflorgtpo

10 With lacoochee Regional Water Supply Authority (WRWSA) - for minutes and agendas visit the website at httpwwwwrwsaorg

There was a recess at 11 00 am The meeting reconvened at 204 pm with all members present and opened with

the Pledge of Allegiance to the Flag of our Country

OrdinancesZoning - (14) - Deputy Clerk Bonvissuto presented Proof of Publication No A000845207 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on December 2 2014 The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits

Also present were ACA Mounir Bouyounes Growth Services Director Gregory Stubbs Deputy Growth Services Director Sam Martsolf Senior Planners Chris Rison and Kimberleigh (Kim) Dinkins Planner II Natalia Cox Planning Technician II Richard Martin Senior Zoning Technician Arthur Hall Planning Technician II Vanessa Angello Administrative Staff Assistant Stephanie Soucey Staff Assistant Patricia Marino and County Attorney Matthew G Minter

Advisorv CommitteesContracts amp AgreementsSubdivisions - (Walk-On) shyChairman McClain advised that an item of business from this mornings meeting will be addressed prior to starting the zoning portion

Page 1244 Book T

December 16 2014

ACA Mounir Bouyounes on behalf of the Development Review Committee (OCR) presented a 23 page handout regarding a Walk-On item relating to the final plat and Agreements for Maricamp Market Center Replat Phase 1 Subdivision

DescriptionBackground This Final Plat has been in the review process for approval but several related documents that are required prior to approval have not been finalized The developer due to timing meetings schedule and closing on one lot in the plat requires that the plat be presented to the BCC on December 162014 for approval subject to the required documents being finalized prior to the Chairmans signature On December 15 2014 the Development Review Committee approved the Final Plat for the Maricamp Market Center Replat Phase 1 Subdivision subject to the following items being received reviewed and approved by staff Legal and the Board of County Commissioners as appropriate 1 Improvement Agreement 2 Maintenance Agreement 3 Developers Agreement 4 Access and Drainage Easements 5 Property Owners Association documents 6 Executed Final Plat mylar 7 Finalized as built inspections for

a Maricamp Market Center Phase 1 - Improvement Plan 12875 b Maricamp Market Center Offsite Turn Lane - Improvement Plan

12876 c Maricamp Market Centre Sidewalk Bahia Road - Improvement Plan

11725 This subdivision is located in the southeast portion of the County and contains 8 commercial lots and 1 tract on 1563 acres with 40 miles of public road Budget Impact None Recommended Action Motion to approve the attached Final Plat and agreements subject to final Legal and staff review Mr Bouyounes advised that staff has been working on the plat with the developer

for some time Staff is expediting this matter due to the timing of the next BCC meeting on Tuesday January 202015 as some closing will occur prior to the end of the year The final plat was approved yesterday by the DRC with the condition that all required agreements will be reviewed by legal and staff before the Board Chairman signs the documents He noted this is part of the Maricamp Market Centre where the Wal-Mart is located on CR 464 in Silver Springs Shores The replat is for this area of the commercial plat with 04 miles of public roads and the drainage retention area (ORA) will be placed in the corner Mr Bouyounes stated other than finalizing the plat with any comments by staff an Improvement Agreement Developers Agreement and Maintenance Agreement all need to be finalized Staff is working with the developer to get some of the easement documents finalized He advised that his recommendation is to approve the plat subject to all documents being finalized and reviewed by legal as well as staff before the Chairman signs

A motion was made by Commissioner Zalak seconded by Commissioner Bryant to consider the Walk-On Item The motion was unanimously approved by the Board (5shy0)

Chairman McClain opened the floor to public comment

Book T Page 1245

10 141213SU Marion County Special Use Permit in G-U Motion was by Mr Colen seconded by Mr Bailey to findings and and recommend approval of the Consent items (141 1 141 141203Z 141204Z 141206Z 141

ITEM NO 1 141201 DE~Cla Use Permit in G-U

M-1 8-4 7112 141 3 141 8-4 to 8-5 1 4141 A-1 R-4 and 8-2 to RAC 5 141206Z A-1 to 8-2 814 6 141207SU Special Use Permit in

and R-1 7 141208SU Kenneth Special Use Permit in 8 141210SU Marion County Special Use Permit in R-4 9 14121 Marion County M-1 and 8-5 to G-U

141208SU 141210SU 1 212Z and 141213SU) based on the following findings of

Marion County Comprehensive Plan surrounding land uses

the floor to public comment Court Salt Springs noted his understanding is that Item

and there will be no discussion Chairman pulled from the Consent Agenda but it will

Chairman McClain advised that A motion was by Commissioner Bryant seconded

to approve 14 1 through 10 excluding 14A6 Services and the Commission findings and the proposed uses are compatible with the surrounding land uses are Comprehensive will not adversely affect the public unanimously by Board (5-0)

December 16 2014

There being none the public

Plat with

su final (5-0)

portion was closed A motion was made by

to approve the Final Improvement Agreement Subdivision Maintenance Maricamp Land LLC) unanimously approved by the

motion as follows

Bryant seconded by Commissioner Zalak (Developers Agreement Subdivision

Letter of Credit (Corporation) and the with Irrevocable Letter of Credit (Corporation) with

and staff review The motion was

-on

Foundation Inc will be discussion Mr

Deputy Growth Services Director Sam Martsolf consent agenda were recommended for

and the Planning amp Zoning (PampZ) Commission in regard to Item 14A6 by Amrit Yoga pulled from the Consent Agenda for

consent agenda items would be acted on in one

Page 1246 T

1

3 O

affect the public interest with with

public comment portion is now

=====~ - (14A)

of the Forest Inc (applicant) 19186 NE 1 a Use Permit Articles 12 and 4 of the Marion County

children

a new Special Use Permit Use Permit shall run with the property Use Permit is effective for the total 2

inate if there is a division or subdivision of the property

a from 000-00 461 Vpound-JVVshy 47576-000-00

Consent)

1

December 16 2014

McClain explained the process for as follows

hearings motion approved the consent agenda

- 1 - (PampZ 141 1SU - Consent)shyadopted Resolution 14-R-687 granting a petition by Marion County (owner)

Springs FL for Development Code

to allow a homework and tutoring facility 3 days a week a in a G-U zone on approximately 207 acres of Parcel Account No 51148-001 Resolution 14-R-687

following Conditions 1 The site shall be developed and n r-gttori with submitted

conceptual plan and the conditions provided with approval Ing to the site shall via US Hwy 42

3 applicant must obtain all pertinent to vvlUIJ

building and conduct the requested use school tutoring shall be In building on site

Monday thru from 12 pm until 7 pm tutoring is limited to a maximum

Any increase in the in the use of the property ie

thirty (30) number

and shall

(14A) 2 (PampZ Commission 141202Z - Board by Gloria and Kenneth Kaalberg (owners) Chuck Albiol (applicant)

26 Palm Harbor FL for a Zoning Change 1 2 4 the Marion County Development Code from M-1 to B-4 on approximately 11 acres of Parcel Account No 48404-000-00

==~ - (14A) - 3 - Commission 141203Z by Marvin Shives Revocable Living Trust (owner)

Court Summerfield FL for a Zoning 4 the Marion County Development Code from B-4 to acres of Account No 45333-000-00

- (PampZ Commission 141 - Consent) W White (ownerapplicant) PO Box 61 Sum

12 and 4 of the Marion County Land Development on approximately 598 acres of Parcel Account Nos 46099shy

18-076-000 4618-045-000 and 18-040-000

Zoning (1 - (PampZ Commission 141206Z granted a petition by Bank (owner) Ashley Parkers LLC Roy (applicants) 200 Avenue Orlando FL for a Zoning and 4 of the Marion nty Land Development Code from A-1 to 814 acres of Account No 47671-000-01

IOlnIncgtr 16 2014

(PampZ Commission 141 - Consent) -The adopted Resolution 1 granting a petition by (owner) Derek McCall (applicant) 1617 SW 31 st Avenue Ocala FL for a Use Permit Articles 1 2 4 of the Marion County Land Development to allow motorcycle

in a B-2 zone on approximately 072 acre of Account No 3137shy14-R-688 following Conditions

1 Adequate customer shall be maintained 2 Use Permit December 17 201 applicant may

submit an application to renew this permit in the future

(PampZ Commission 14121 - Consent) shyadopted Resolution 1 granting a petition by Marion County Utilities

Mellinger Director (applicant) 601 SE 25th Ave FL for a Special Articles 1 2 and 4 of Marion County Land Development Code to expand

plant and add an building for Marion county Utilities field staff in a R-4 zone on approximately 131 acres of Parcel Account No 3563-000-001 Resolution 1 the following Conditions

site shall and operated with the submitted conceptual plan with approval The west plusmnh of treatment plant facilities including a 4000 maintenance amp construction Marion County

3 Ingressegress to utility facilities shall Temporary access to SW 85th Place is only for the cvuc

construction of newexpanded water treatment plant facilities upon completion of the construction the access to SW 85th shall be closed and gated No outdoor of goods and materials for utility construction andor utility repairs occur on-site Materials for construction of the utility facilities to be site during construction however materials indoors or be removed from the site upon the completion of the and issuance of facilities of Occupancy The east shall be limited to professional office medical andor dental office uses in existing 2850 Expansion of facility is not permitted however a new Special may be submitted to request consideration and obtain potential approval for an expansion Ingressegress to professional office portion of the site shall be from SW 85th No access shall be provided SW 85th Place All parking facilities and office shall provided within the boundary the overall to suitable parking easements division of the property occur

8 The existing privacy fencing along the (PIDs 3563-011 southeast (SW Place) and southwest (PID 3563-011-007) sites boundary be maintained and privacy fencing along east boundary shall be extended north the east boundary to

1248 Book T

December 16 2014

the southwest corner of the existing privacy fencing of the adjoining property (PID 3563-011-001)

9 Trees meeting the LDC Type HE Buffer tree planting standards (5 minimum width four (4) trees per 100 LF) shall be provided and maintained along the full perimeter of the site however the provision of trees along the west boundary may be deferred in-lieu of maintaining existing site vegetation in that location In the event that existing vegetation is removed the trees shall then be provided

(Ed Note SF is the abbreviation of square feetfoot and LF is the abbreviation for linear or lineal footfeet)

Zoning - (14A) - 9 - (PampZ Commission 141212Z - Consent) - The Board granted a petition by Marion County (owner) I County Administrator Bill Kauffman (applicant) 601 SE 25th Avenue Ocala FL for a Zoning Change Articles 1 2 and 4 of the Marion County Land Development Code from 1V1-1 and B-5 to G-U on approximately 2257 acres of Parcel Account No 4984-00-028 and a portion of Parcel Account Nos 4984-200-001 and 4984-200-002

ResolutionsZoning - (14A) - 10 - (PampZ Commission 141213SU - Consent)shyThe Board adopted Resolution 14-R-690 granting a petition by Marion County (owner) County Administrator Bill Kauffman (applicant) 601 SE 25th Avenue Ocala FL for a Special Use Permit Articles 1 2 and 4 of the Marion County Land Development Code for a fire station in a G-U zone on approximately 2257 acres of Parcel Account No 4984shy00-028 and a portion of Parcel Account Nos 4984-200-001 and 4984-200-002 Resolution 14-R-690 contained 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 Ingressegress to the fire station site shall be via driveway entrances off of S Hwy 25 and SE 140th Avenue

3 A 15 wide Type C buffer shall be placed along the sites perimeter A more substantial buffer may be substituted as approved by Marion County and the Development Review Committee

ResolutionsZoning - (14A) - 6 - (PampZ Commission 141207SU) - The Board considered a petition by Amrit Yoga Foundation Inc (owner) I Liam Gillen CEO (applicant) 23855 NE CR 314 Salt Springs FL for a Special Use Permit Articles 1 2 and 4 of the Marion County Land Development Code to construct a two-story training building and an officestorage building across the street and to provide an overflow parking area on approximately 828 acres in an R-3 and R-1 zone of Parcel Account Nos 11549-000-00 and 11554-007-01

Senior Planner Kim Dinkins stated the request is for a 60 bed dormitory and commercial kitchen on the northern parcel adjacent to Lake Kerr and 2 residences and storage building as well as overflow parking on the southern parcel The parcel to the south is a historically platted subdivision and because some of the potential home sites will not be used staff is recommending approval of the 60 bed dormitory to the north The applicant also agreed to move their effluent from the parcel to the north to another parcel owned by the Yoga Foundation It was noted that both Growth Services Department staff

Book T Page 1249

December 16 2014

and the PampZ 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 The Yoga facility north of 314 shall be limited to a maximum of sixty (60) total beds The southern site (PID 11554-007-01) shall contain a maximum of two residences

3 OSTDS will be designed to provide the maximum protection to the waterbody This may include but not be limited to abatement and reconfiguration of existing drainfields and shall require all additional drainfields to be less than 5000 galday and located off site and south of Hwy 314

4 Should central sewer become available the facility will be required to connect within one year

5 Ingressegress to the southern site shall be via NE 239th Ct and NE 238th

Terr respectively 6 Consideration for pedestrian traffic will be required and shall be coordinated

with Marion County Office of the County Engineer 7 The proposed dormitory facility shall maintain a similar residential

fa9adecharacter as the existing single-family residence Any expansion of the structure andor increase in the number of residents will require for the ownerapplicant to submit a new Special Use Permit application for review and consideration

8 Proposed improvements shown on the Site B (South Site) concept plan is a combination of residence office and storage The overall number of residences on Site B shall not exceed two units

9 The Special Use Permit shall run with the owner (Amrit Yoga Foundation) and not with the property

10 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the properties On site A the number of allowable beds shall revert to the original 36 bed maximum

11 The Special Use Permit shall expire on December 16 2024 The applicant may submit a new Special Use Permit application for consideration to renew and extend this permit in the future

(Ed Note The following acronymsabbreviations were used in the above Special Use Permit Conditions PID - Parcel Identification Number OSTDS - Onsite Sewage Treatment and Disposal System gal- gallon Hwy - Highway Ct - Court Terr - Terrace and ft - feet)

Liam Gillen Chief Executive Officer (CEO) Amrit Yoga Foundation Inc NE Highway 314 Salt Springs applicant was present

Chairman McClain opened the floor to public comment Wesley Dubose NE 239th Court Salt Springs voiced his concern with the

southern parcel and mainly what will happen as far as overflow parking area The roads are not maintained by Marion County as property owners maintained the roads He further voiced his concern with the driveway and access to the subject site as well as increased traffic Mr Dubose commented on a barrier between the commercial and residential properties He noted he does not want to limit them from doing what they want with their property but is concerned with traffic flow and how that will impact the residential area

Page 1250 Book T

December 16 2014

Ms Dinkins addressed buffering to the adjacent residential areas noting the site plan has been revised She stated the property will be accessed one way from NE 239th

Court Chairman McClain clarified that the property will be accessed from Highway 314 to NE 239th Court Ms Dinkins advised that staff asked for a wall along Highway 314 and a 15 foot vegetative buffer on the adjacent (residential sides)

Aneash Tiwari Planning and Engineering Resources project engineers East Silver Springs Boulevard advised that the site plan has been modified noting employee parking is proposed off NE 239th Court She stated there will be no access to the south side from CR 314 as the property will be accessed from NE 239th Court and exited from NE 238 th Terrace The overflow parking is intended for visitors attending programs

Ms Tiwari clarified that the building on the north side will not have 60 occupants as there are 2 buildings that will distribute the occupants In response to Chairman McClain Ms Tiwari stated the 60 occupants will be spread among the 3 buildings

Chairman McClain inquired if the apron from CR 314 will be paved Mr Bouyounes advised that with the conceptual plan shows that all Code requirements must be met He stated the apron will be paved and the dirt road will be paved all the way down to their driveway Chairman McClain noted traffic will come out the west side onto NE 238 th

Terrace and back to CR 314 from that point Ms Tiwari concurred Chairman McClain stated an apron will be required from both sides Mr Bouyounes concurred

Mr Dubose voiced his opposition to access off NE 239th Court and inquired as to why the commercial property will not have an individual driveway from Highway 314 He further questioned why the barrier is on Highway 314 which is a County Road noting it is more appropriate to have on both sides where the residential traffic is to access residences Chairman McClain stated from the Countys perspective NE 239th Court is the most logical street rather than trying to make the applicant bring something onto their own property and from a transportation perspective is where they should enter and exit

In response to Chairman McClain Ms Tiwari stated they will have to see if there is enough of a landscape buffer noting they will be working witl1 DRC regarding a wall Chairman McClain advised that the BCC is being told that a concrete wall will be installed along CR 314 Ms Dinkins stated that was what was proposed Chairman McClain noted a landscape buffer will be along the entire residential portion Ms Dinkins stated the proposal is to buffer the entire property which is what staff will support

Commissioner Bryant inquired as to the 15 foot buffer Ms Dinkins advised that the 15 foot buffer will be a Type B Buffer Commissioner Zalak asked if it will not be simpler to require the entire site have a non-visual buffer especially for the residential side Ms Dinkins stated staff can call it an opaque buffer but clarified that if it is allowed to be vegetative that it be included in the Special Use Permit Conditions Commissioner Zalak stated the buffer can be vegetative fence concrete wall or whatever so long as the neighbors cannot see what is occurring on the subject site Mr Gillen noted he is agreeable Chairman McClain noted it will be made a part of the motion later on in the meeting

Chairman McClain advised that the public comment portion is now closed Commissioner Zalak stated the only place where one will see onto this property is

at the access points A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 14-R-691 granting the Special Use Permit with Conditions 1 through 11 as amended (see below) based on Growth Services Department staff and the PampZ Commission findings and recommendations that the proposed use is compatible with

Book T Page 1251

December 162014

surrounding land uses is consistent with Comprehensive Plan and will not adversely affect the public interest

CONDITION NO dormitory facility on Site A and residencestorage building shall maintain a similar residential facadecharacter as the residence CONDITION NO8 improvements shown on the Site B concept plan are a combination of and The total number of residences on Site B shall not ex(~ee~a CONDITION NO provided on Site B adjacent to the residential area on CONDITION NO1 shall run with the owner (Amrit Yoga Foundation) CONDITION shall expireterminate in the event

On site A the nu mber of maximum consistent with the

Environmentally designation of the property which limits the number of acre within 1000 ft a waterbody (Comprehensive CONDITION NO 12 Use Permit shall expire on December 1 The applicant a new Use Permit application to renew and this permit in the future (Ed Note In made Condition NO9 was added and

Nos 9 through 11 were as 10 through 12) The motion was unanimously approved by the Board (5-0) It was noted for that Deputy Clerk is in receipt of a letter of

dated December 2014

(14B) - 3 - (PampZ Commission 141205SU) - Mr Martsolf advised that the applicants and Lorraine Owen) have requested that for a day spa and continued He inquired as to whether the Board wants to grant or deny the

Commissioner he has no problem with a continuance but noted if people are ress the matter they should be heard Chairman McClain advised that the was to take public comment today before continuing the present wishing to speak In response to Mr

will be addressed in the order of the Agenda

(14B) - 1 - (PampZ Commission 141211SU) shy(owner) Merv Meeks (applicant) 31

Avenue Articles 1 2 and 4 of the Marion County Land Development a renewal to park 2 commercial vehicles g than 10000 pounds zone on approximately 045 acre of Parcel Account No 2473-001-001

OPPOSITION WITHIN 300 FEET 2 = COMMISSION RECOMMENDATION Motion was

seconded by Mr Bailey to agree with and recommend approval based on the following

Page 1 Book T

December 16 2014

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 O Planner Natalia Cox noted the applicant originally received a Special Use Permit

in October of 2011 which expired in October of this year The property is located off Jacksonville Road with an intersection at NE 32nd Place She advised that both Growth Services Department staff and the PampZ 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 The Special Use Permit is limited to a maximum of two (2) commercial vehicles namely a tractor trailer (VIN1 FUPCSZB24LB93716) and a second commercial vehicle to be obtained in the future

3 The ingressegress will be from NE 32nd Place using the existing paved driveway apron

4 The parkingstorage of a refrigerated trailer unit(s) or refer unit(s) is prohibited

5 No mechanical repairsmaintenance on the commercial vehicle shall take place on-site

6 The tractor trailer parking area shall be located in the eastern half of the subject property as shown on the submitted conceptual plan

7 The Special Use Permit shall run with Margaret amp Merv Meeks and not with the property

8 The Special Use Permit shall expire December 162019 The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future

9 Special Use Permit (111004SUResolution No 11-R-418) is hereby repealed and replaced with this Special Use Permit

Commissioner Bryant commended Ms Cox on her performance earlier this morning (choir)

Ms Cox noted that the proposed Special Use Permit was for a period of five (5) years

Commissioner Zalak referred to the Code Enforcement complaint and inquired if no action was taken because there was already an existing Special Use Permit intact Ms Cox stated that was correct noting the complaint was received in April of this year Commissioner Zalak questioned the complaints Ms Cox opined that the complaints was with noise and the number of vehicles She noted other complaints were made with regard to parking of wider trailers but according to the applicant all that ceased since the prior Special Use Permit

In response to Commissioner Zalak Ms Cox stated no hours or days of operation are included in the Special Use Permit Conditions Commissioner Bryant noted 2 letters of opposition are included in the agenda packet

Chairman McClain opened the floor to public comment John Roach NE 32nd Place advised that he lives immediately east of the subject

property He commented on the original Special Use Permit issued to Delmer Meeks in April of 2000 Mr Roach referred to the complaint from April of 2013 was when a commercial vehicle was parked on the property for more than 1 week noting he took a

Book T Page 1253

December 162014

picture which should in packet He noted the truck was not parked on parcel but rather in front of 11 NE 32nd Place Prior to this instance Mr Meeks a black ambulance identical the ones used by the County for EMTs Medical Transports) onto property which was disassembled sanded ground down put back together and had it The ambulance stayed on the property for 6 before it was moved to property immediately adjacent to NE Jacksonville with a 30 foot long trailer (for toting heavy equipment) and an GMC pickup truck In speaking with Growth Services staff Special Use Permit not for the sale of used vehiclestrailers commented on a on property for nearly 2 He his understanding is Use Permit allows the applicant to park a commercial vehicle on for any length of time without consequence Mr voiced his Permit renewal and urged the to deny the request

The the public comment portion was now

Commissioner as to the number of complaints subject property over Mr Martsolf advised the v v was adopted in 11 only complaint received since that 2014 He noted the Use Permit for Delmer Meeks was on and this application and one that was issued in 2011 is for 2 trucks on parcel which a land use and a commercial zoning Meeks Mr Martsolf the only complaint received on this parked however the Code Enforcement Officer did not was an existing Permit

In to Commissioner Bryant Mr Martsolf clarified that Use Permit was for O acre parcel and the 2011 permit and today is for the understood that the Delmer been sold no is currently occurring on that parcel Mr Martsolf 2 letters of opposition which addressed noise and movement of the trucks

Chairman McClain noted the reason for the Special Use Permit is outside storage is not in a zone Mr Martsolf concurred noting only trucks permitted in a is something associated with what is being done on property There

however auto repair can be conducted but not body work noted that no sales should be occurring on property either Mr

is off NE 32nd Place

Commissioner and being good

neighbors Bryant agreed that time limits are Permits to

make sure that it did not become an issue for neighbors the applicant did not show on testimony heard today the Permit is adversely affecting quality of life

A motion was made by Commissioner Bryant by Commissioner Moore to deny Permit based on findings recommendations that the proposed use is not compatible with surrounding land is consistent with the

1 T

14

3

consistent with the Marion County compatible with

the added condition on was tied 2 to 2

relation

Commission

December 1

will adversely affect public interest The motion was (5-0)

ResolutionsZoning - (14B) - 2 - (PampZ Comm 141102SU) a petition by Walter and Linda Tomasik (owners) Chris M Haigh (applicant)

10203 Broadway Street Indianapolis IN for a Special Permit Articles 12 4 of the Marion County Land Development Code to allow parking of 3 commercial equipment trailers for a bobcat front loader bush hog and dump trailer in an zone on approximately 238 acres Account No1 1 (Continued from the

Hearing) WRITTEN OPPOSITION WITHIN 300 F 0 of 14 0

2014 PampZ

ING amp ZONI COMMISSION RECOMMENDATION Motion was by Ms Shields-Mangram seconded by Mr Colen to disagree with staffs findings

recommendation recommend approval with conditions based on following findings of fact 1 Will not adversely the public interest

Plan surrounding land uses

for use Shields-Mangram and Mr Colen voted yes and Mr

no) Marion County Land Code Section -

the Commission action Planning and Zoning

Commission (PampZ) recommendation (c) In the in a tie vote the Commission may deem its of the amendment

and the amendment shall proceed to consideration(s) without a formal recommendation Planning Technician Angello advised that this was first by

the PampZ Commissioner in which time it was until November 24 2014 noted the property land use and an zoning in Lake Ranchettes subdivision Staff recommended denial the intensity of the use in an agricultural and primarily residential area subdivision The reason for continuing the PampZ Commission hearing to November is because of Code Enforcement cases on the property and to allow the applicant to clear up some of those cases property was re-inspected the day before the PampZ Commission hearing and many the cases were cleared It was noted that pictures are included in the Agenda packet applicant also an outstanding Code case in

that was property without The applicant of yesterday) a for a pole barn At Commission

Approval Conditions however Growth staff did recommended any Conditions since they are

recommending denial All Code violation cases have except for the original violation a business use in an agricultural zone It was noted that the PampZ Commission made no recommendation due to a vote and if the Board g the Special Permit following Alternate Approval Conditions are recommended

1 site shall be developed and operated with the submitted conceptual plan and conditions as provided with this approval

Book T Page 1255

1 4

2 The Special is limited to landscaping trucks with trailers and two vehicles for of the land contracting business

a maximum of three

Use of the subject property for a contractors yard is limited Saturday 700am 900pm Existing trees within of the subject west east and south boundary lines shall maintained No site lighting mounted higher than or 30 in height and all lighting shall and shielded prevent directly lighting The a paved driveway apron

reside onsite not with

shall expire on 2017 The applicant may submit a new Use Permit Application for consideration to renew and extend this permit in the future

10 CO on garage for business use (Ed Note The is symbol for feet and CO is the acronym for

) Commissioner commented on a landscape company and bringing material

to the property but saw is wood in to log splitting and inqu if debris and being on the as

to the property from well Ms Angello it

is mostly wood where or whatever is brought that is then cut up into firewood She noted been cleared

the number of log splitters from 2 to 1 and stacked wood along the fence Commissioner Bryant questioned how the complaints came

about Ms Angello stated the cases came from complaints Commissioner Bryant a business is being operated in a residential area Commissioner Zalak noted it is an

area Commissioner 247 pm

Haigh SW Dunnellon applicant was present He the park equipment on the property

Commissioner Moore returned at 248 pm Use Permit

Mr Haigh noted some of the pictures overwhelming surrounded by a large wood He stated the who made the Code is not present today The wood and wood splitting is a hobby and did not occur on property every day but is minimal All of the applicants work is produced outside

property but there are when he has to early in the morning with a of equipment and it may 2 months before it has to hauled back to the property Living on site makes it the applicant to in this manner

Mr Haigh is a family owned and business which from his father and is what knows how to do family He no opposition to the Permit request is minimal

Chairman McClain the floor to public comment Linda Tomasik Indianapolis IN owner of

support for the Special and requested Walter Tomasik Indianapolis IN other owner

came here to help the get this matter

1 Book T

subject property her to approve

subject property htened out He advised

162014

applicant has taken care of property and has done extremely well around the property to keep oeClOle out prevent stealing solid was put up along a portion of the Mr opined that the applicant

Special Use Permit described the where the commercial are parked

that one of the Code cases was in regard to a mobile home which been The second address is

In response to Commissioner Mr Haigh stated the complaint started returned home around midnig from working in Gainesville in Ilis 1 ton dually

truck He advised that did not unload the equipment that night Chairman McClain advised that public comment portion was now vIV)

A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Resolution 14-R-692 granting Special Use Permit with Conditions 1 through 9 based on find and recommendations that the is compatible with surrounding land with the will not adversely affect the public

In response to Chairman McClain Mr he was agreeable with proposed Alternate Approval McClain referred to Condition No 3

to hours of operation advised that the hours to up equipment but did not truck in and out property

McClain concurred noting referred to the contractors yard Chairman McClain referred to Condition NO5 and inquired as to lighting on the

Mr Haigh stated the only lighting is a power pole that was installed by power company at the 17962 address in front Ms Tomasik noted the light has

they owned the property Comm suggested the Condition to show that the existing lighting is okay but no additional lighting exeeo

in height can be added Commissioner Bryant opined that lighting would not count In to Commissioner Zalak Mr Martsolf stated if complaints are would have the lights shielded

motion was unanimously by the Board (5-0) (Ed Note Condition 10 was the CO has already been obtained) Commissioners Bryant and pm

~====~ - (1 B) 141205SU) - The Board a petition by David and Lorraine (ownersapplicants) 12850 East

25 Ocklawaha FL for a Special Articles 1 2 and 4 of the Marion County Land Development Code for a day and events in an R-3 zone on

acres of Parcel Account and 49093-000-00 WRITTEN OPPOSITION WITHIN 300 2 of 14 14

PLANNING amp ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Ms Shields-Mang disagree with staffs findings

recommendation and recommend on the following findings

1 Will adversely affect the public Is not consistent with the Marion Plan

not compatible with the surrounding motion passed 4 to O

Book T Page 1

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

1 Book T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

10 141213SU Marion County Special Use Permit in G-U Motion was by Mr Colen seconded by Mr Bailey to findings and and recommend approval of the Consent items (141 1 141 141203Z 141204Z 141206Z 141

ITEM NO 1 141201 DE~Cla Use Permit in G-U

M-1 8-4 7112 141 3 141 8-4 to 8-5 1 4141 A-1 R-4 and 8-2 to RAC 5 141206Z A-1 to 8-2 814 6 141207SU Special Use Permit in

and R-1 7 141208SU Kenneth Special Use Permit in 8 141210SU Marion County Special Use Permit in R-4 9 14121 Marion County M-1 and 8-5 to G-U

141208SU 141210SU 1 212Z and 141213SU) based on the following findings of

Marion County Comprehensive Plan surrounding land uses

the floor to public comment Court Salt Springs noted his understanding is that Item

and there will be no discussion Chairman pulled from the Consent Agenda but it will

Chairman McClain advised that A motion was by Commissioner Bryant seconded

to approve 14 1 through 10 excluding 14A6 Services and the Commission findings and the proposed uses are compatible with the surrounding land uses are Comprehensive will not adversely affect the public unanimously by Board (5-0)

December 16 2014

There being none the public

Plat with

su final (5-0)

portion was closed A motion was made by

to approve the Final Improvement Agreement Subdivision Maintenance Maricamp Land LLC) unanimously approved by the

motion as follows

Bryant seconded by Commissioner Zalak (Developers Agreement Subdivision

Letter of Credit (Corporation) and the with Irrevocable Letter of Credit (Corporation) with

and staff review The motion was

-on

Foundation Inc will be discussion Mr

Deputy Growth Services Director Sam Martsolf consent agenda were recommended for

and the Planning amp Zoning (PampZ) Commission in regard to Item 14A6 by Amrit Yoga pulled from the Consent Agenda for

consent agenda items would be acted on in one

Page 1246 T

1

3 O

affect the public interest with with

public comment portion is now

=====~ - (14A)

of the Forest Inc (applicant) 19186 NE 1 a Use Permit Articles 12 and 4 of the Marion County

children

a new Special Use Permit Use Permit shall run with the property Use Permit is effective for the total 2

inate if there is a division or subdivision of the property

a from 000-00 461 Vpound-JVVshy 47576-000-00

Consent)

1

December 16 2014

McClain explained the process for as follows

hearings motion approved the consent agenda

- 1 - (PampZ 141 1SU - Consent)shyadopted Resolution 14-R-687 granting a petition by Marion County (owner)

Springs FL for Development Code

to allow a homework and tutoring facility 3 days a week a in a G-U zone on approximately 207 acres of Parcel Account No 51148-001 Resolution 14-R-687

following Conditions 1 The site shall be developed and n r-gttori with submitted

conceptual plan and the conditions provided with approval Ing to the site shall via US Hwy 42

3 applicant must obtain all pertinent to vvlUIJ

building and conduct the requested use school tutoring shall be In building on site

Monday thru from 12 pm until 7 pm tutoring is limited to a maximum

Any increase in the in the use of the property ie

thirty (30) number

and shall

(14A) 2 (PampZ Commission 141202Z - Board by Gloria and Kenneth Kaalberg (owners) Chuck Albiol (applicant)

26 Palm Harbor FL for a Zoning Change 1 2 4 the Marion County Development Code from M-1 to B-4 on approximately 11 acres of Parcel Account No 48404-000-00

==~ - (14A) - 3 - Commission 141203Z by Marvin Shives Revocable Living Trust (owner)

Court Summerfield FL for a Zoning 4 the Marion County Development Code from B-4 to acres of Account No 45333-000-00

- (PampZ Commission 141 - Consent) W White (ownerapplicant) PO Box 61 Sum

12 and 4 of the Marion County Land Development on approximately 598 acres of Parcel Account Nos 46099shy

18-076-000 4618-045-000 and 18-040-000

Zoning (1 - (PampZ Commission 141206Z granted a petition by Bank (owner) Ashley Parkers LLC Roy (applicants) 200 Avenue Orlando FL for a Zoning and 4 of the Marion nty Land Development Code from A-1 to 814 acres of Account No 47671-000-01

IOlnIncgtr 16 2014

(PampZ Commission 141 - Consent) -The adopted Resolution 1 granting a petition by (owner) Derek McCall (applicant) 1617 SW 31 st Avenue Ocala FL for a Use Permit Articles 1 2 4 of the Marion County Land Development to allow motorcycle

in a B-2 zone on approximately 072 acre of Account No 3137shy14-R-688 following Conditions

1 Adequate customer shall be maintained 2 Use Permit December 17 201 applicant may

submit an application to renew this permit in the future

(PampZ Commission 14121 - Consent) shyadopted Resolution 1 granting a petition by Marion County Utilities

Mellinger Director (applicant) 601 SE 25th Ave FL for a Special Articles 1 2 and 4 of Marion County Land Development Code to expand

plant and add an building for Marion county Utilities field staff in a R-4 zone on approximately 131 acres of Parcel Account No 3563-000-001 Resolution 1 the following Conditions

site shall and operated with the submitted conceptual plan with approval The west plusmnh of treatment plant facilities including a 4000 maintenance amp construction Marion County

3 Ingressegress to utility facilities shall Temporary access to SW 85th Place is only for the cvuc

construction of newexpanded water treatment plant facilities upon completion of the construction the access to SW 85th shall be closed and gated No outdoor of goods and materials for utility construction andor utility repairs occur on-site Materials for construction of the utility facilities to be site during construction however materials indoors or be removed from the site upon the completion of the and issuance of facilities of Occupancy The east shall be limited to professional office medical andor dental office uses in existing 2850 Expansion of facility is not permitted however a new Special may be submitted to request consideration and obtain potential approval for an expansion Ingressegress to professional office portion of the site shall be from SW 85th No access shall be provided SW 85th Place All parking facilities and office shall provided within the boundary the overall to suitable parking easements division of the property occur

8 The existing privacy fencing along the (PIDs 3563-011 southeast (SW Place) and southwest (PID 3563-011-007) sites boundary be maintained and privacy fencing along east boundary shall be extended north the east boundary to

1248 Book T

December 16 2014

the southwest corner of the existing privacy fencing of the adjoining property (PID 3563-011-001)

9 Trees meeting the LDC Type HE Buffer tree planting standards (5 minimum width four (4) trees per 100 LF) shall be provided and maintained along the full perimeter of the site however the provision of trees along the west boundary may be deferred in-lieu of maintaining existing site vegetation in that location In the event that existing vegetation is removed the trees shall then be provided

(Ed Note SF is the abbreviation of square feetfoot and LF is the abbreviation for linear or lineal footfeet)

Zoning - (14A) - 9 - (PampZ Commission 141212Z - Consent) - The Board granted a petition by Marion County (owner) I County Administrator Bill Kauffman (applicant) 601 SE 25th Avenue Ocala FL for a Zoning Change Articles 1 2 and 4 of the Marion County Land Development Code from 1V1-1 and B-5 to G-U on approximately 2257 acres of Parcel Account No 4984-00-028 and a portion of Parcel Account Nos 4984-200-001 and 4984-200-002

ResolutionsZoning - (14A) - 10 - (PampZ Commission 141213SU - Consent)shyThe Board adopted Resolution 14-R-690 granting a petition by Marion County (owner) County Administrator Bill Kauffman (applicant) 601 SE 25th Avenue Ocala FL for a Special Use Permit Articles 1 2 and 4 of the Marion County Land Development Code for a fire station in a G-U zone on approximately 2257 acres of Parcel Account No 4984shy00-028 and a portion of Parcel Account Nos 4984-200-001 and 4984-200-002 Resolution 14-R-690 contained 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 Ingressegress to the fire station site shall be via driveway entrances off of S Hwy 25 and SE 140th Avenue

3 A 15 wide Type C buffer shall be placed along the sites perimeter A more substantial buffer may be substituted as approved by Marion County and the Development Review Committee

ResolutionsZoning - (14A) - 6 - (PampZ Commission 141207SU) - The Board considered a petition by Amrit Yoga Foundation Inc (owner) I Liam Gillen CEO (applicant) 23855 NE CR 314 Salt Springs FL for a Special Use Permit Articles 1 2 and 4 of the Marion County Land Development Code to construct a two-story training building and an officestorage building across the street and to provide an overflow parking area on approximately 828 acres in an R-3 and R-1 zone of Parcel Account Nos 11549-000-00 and 11554-007-01

Senior Planner Kim Dinkins stated the request is for a 60 bed dormitory and commercial kitchen on the northern parcel adjacent to Lake Kerr and 2 residences and storage building as well as overflow parking on the southern parcel The parcel to the south is a historically platted subdivision and because some of the potential home sites will not be used staff is recommending approval of the 60 bed dormitory to the north The applicant also agreed to move their effluent from the parcel to the north to another parcel owned by the Yoga Foundation It was noted that both Growth Services Department staff

Book T Page 1249

December 16 2014

and the PampZ 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 The Yoga facility north of 314 shall be limited to a maximum of sixty (60) total beds The southern site (PID 11554-007-01) shall contain a maximum of two residences

3 OSTDS will be designed to provide the maximum protection to the waterbody This may include but not be limited to abatement and reconfiguration of existing drainfields and shall require all additional drainfields to be less than 5000 galday and located off site and south of Hwy 314

4 Should central sewer become available the facility will be required to connect within one year

5 Ingressegress to the southern site shall be via NE 239th Ct and NE 238th

Terr respectively 6 Consideration for pedestrian traffic will be required and shall be coordinated

with Marion County Office of the County Engineer 7 The proposed dormitory facility shall maintain a similar residential

fa9adecharacter as the existing single-family residence Any expansion of the structure andor increase in the number of residents will require for the ownerapplicant to submit a new Special Use Permit application for review and consideration

8 Proposed improvements shown on the Site B (South Site) concept plan is a combination of residence office and storage The overall number of residences on Site B shall not exceed two units

9 The Special Use Permit shall run with the owner (Amrit Yoga Foundation) and not with the property

10 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the properties On site A the number of allowable beds shall revert to the original 36 bed maximum

11 The Special Use Permit shall expire on December 16 2024 The applicant may submit a new Special Use Permit application for consideration to renew and extend this permit in the future

(Ed Note The following acronymsabbreviations were used in the above Special Use Permit Conditions PID - Parcel Identification Number OSTDS - Onsite Sewage Treatment and Disposal System gal- gallon Hwy - Highway Ct - Court Terr - Terrace and ft - feet)

Liam Gillen Chief Executive Officer (CEO) Amrit Yoga Foundation Inc NE Highway 314 Salt Springs applicant was present

Chairman McClain opened the floor to public comment Wesley Dubose NE 239th Court Salt Springs voiced his concern with the

southern parcel and mainly what will happen as far as overflow parking area The roads are not maintained by Marion County as property owners maintained the roads He further voiced his concern with the driveway and access to the subject site as well as increased traffic Mr Dubose commented on a barrier between the commercial and residential properties He noted he does not want to limit them from doing what they want with their property but is concerned with traffic flow and how that will impact the residential area

Page 1250 Book T

December 16 2014

Ms Dinkins addressed buffering to the adjacent residential areas noting the site plan has been revised She stated the property will be accessed one way from NE 239th

Court Chairman McClain clarified that the property will be accessed from Highway 314 to NE 239th Court Ms Dinkins advised that staff asked for a wall along Highway 314 and a 15 foot vegetative buffer on the adjacent (residential sides)

Aneash Tiwari Planning and Engineering Resources project engineers East Silver Springs Boulevard advised that the site plan has been modified noting employee parking is proposed off NE 239th Court She stated there will be no access to the south side from CR 314 as the property will be accessed from NE 239th Court and exited from NE 238 th Terrace The overflow parking is intended for visitors attending programs

Ms Tiwari clarified that the building on the north side will not have 60 occupants as there are 2 buildings that will distribute the occupants In response to Chairman McClain Ms Tiwari stated the 60 occupants will be spread among the 3 buildings

Chairman McClain inquired if the apron from CR 314 will be paved Mr Bouyounes advised that with the conceptual plan shows that all Code requirements must be met He stated the apron will be paved and the dirt road will be paved all the way down to their driveway Chairman McClain noted traffic will come out the west side onto NE 238 th

Terrace and back to CR 314 from that point Ms Tiwari concurred Chairman McClain stated an apron will be required from both sides Mr Bouyounes concurred

Mr Dubose voiced his opposition to access off NE 239th Court and inquired as to why the commercial property will not have an individual driveway from Highway 314 He further questioned why the barrier is on Highway 314 which is a County Road noting it is more appropriate to have on both sides where the residential traffic is to access residences Chairman McClain stated from the Countys perspective NE 239th Court is the most logical street rather than trying to make the applicant bring something onto their own property and from a transportation perspective is where they should enter and exit

In response to Chairman McClain Ms Tiwari stated they will have to see if there is enough of a landscape buffer noting they will be working witl1 DRC regarding a wall Chairman McClain advised that the BCC is being told that a concrete wall will be installed along CR 314 Ms Dinkins stated that was what was proposed Chairman McClain noted a landscape buffer will be along the entire residential portion Ms Dinkins stated the proposal is to buffer the entire property which is what staff will support

Commissioner Bryant inquired as to the 15 foot buffer Ms Dinkins advised that the 15 foot buffer will be a Type B Buffer Commissioner Zalak asked if it will not be simpler to require the entire site have a non-visual buffer especially for the residential side Ms Dinkins stated staff can call it an opaque buffer but clarified that if it is allowed to be vegetative that it be included in the Special Use Permit Conditions Commissioner Zalak stated the buffer can be vegetative fence concrete wall or whatever so long as the neighbors cannot see what is occurring on the subject site Mr Gillen noted he is agreeable Chairman McClain noted it will be made a part of the motion later on in the meeting

Chairman McClain advised that the public comment portion is now closed Commissioner Zalak stated the only place where one will see onto this property is

at the access points A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 14-R-691 granting the Special Use Permit with Conditions 1 through 11 as amended (see below) based on Growth Services Department staff and the PampZ Commission findings and recommendations that the proposed use is compatible with

Book T Page 1251

December 162014

surrounding land uses is consistent with Comprehensive Plan and will not adversely affect the public interest

CONDITION NO dormitory facility on Site A and residencestorage building shall maintain a similar residential facadecharacter as the residence CONDITION NO8 improvements shown on the Site B concept plan are a combination of and The total number of residences on Site B shall not ex(~ee~a CONDITION NO provided on Site B adjacent to the residential area on CONDITION NO1 shall run with the owner (Amrit Yoga Foundation) CONDITION shall expireterminate in the event

On site A the nu mber of maximum consistent with the

Environmentally designation of the property which limits the number of acre within 1000 ft a waterbody (Comprehensive CONDITION NO 12 Use Permit shall expire on December 1 The applicant a new Use Permit application to renew and this permit in the future (Ed Note In made Condition NO9 was added and

Nos 9 through 11 were as 10 through 12) The motion was unanimously approved by the Board (5-0) It was noted for that Deputy Clerk is in receipt of a letter of

dated December 2014

(14B) - 3 - (PampZ Commission 141205SU) - Mr Martsolf advised that the applicants and Lorraine Owen) have requested that for a day spa and continued He inquired as to whether the Board wants to grant or deny the

Commissioner he has no problem with a continuance but noted if people are ress the matter they should be heard Chairman McClain advised that the was to take public comment today before continuing the present wishing to speak In response to Mr

will be addressed in the order of the Agenda

(14B) - 1 - (PampZ Commission 141211SU) shy(owner) Merv Meeks (applicant) 31

Avenue Articles 1 2 and 4 of the Marion County Land Development a renewal to park 2 commercial vehicles g than 10000 pounds zone on approximately 045 acre of Parcel Account No 2473-001-001

OPPOSITION WITHIN 300 FEET 2 = COMMISSION RECOMMENDATION Motion was

seconded by Mr Bailey to agree with and recommend approval based on the following

Page 1 Book T

December 16 2014

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 O Planner Natalia Cox noted the applicant originally received a Special Use Permit

in October of 2011 which expired in October of this year The property is located off Jacksonville Road with an intersection at NE 32nd Place She advised that both Growth Services Department staff and the PampZ 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 The Special Use Permit is limited to a maximum of two (2) commercial vehicles namely a tractor trailer (VIN1 FUPCSZB24LB93716) and a second commercial vehicle to be obtained in the future

3 The ingressegress will be from NE 32nd Place using the existing paved driveway apron

4 The parkingstorage of a refrigerated trailer unit(s) or refer unit(s) is prohibited

5 No mechanical repairsmaintenance on the commercial vehicle shall take place on-site

6 The tractor trailer parking area shall be located in the eastern half of the subject property as shown on the submitted conceptual plan

7 The Special Use Permit shall run with Margaret amp Merv Meeks and not with the property

8 The Special Use Permit shall expire December 162019 The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future

9 Special Use Permit (111004SUResolution No 11-R-418) is hereby repealed and replaced with this Special Use Permit

Commissioner Bryant commended Ms Cox on her performance earlier this morning (choir)

Ms Cox noted that the proposed Special Use Permit was for a period of five (5) years

Commissioner Zalak referred to the Code Enforcement complaint and inquired if no action was taken because there was already an existing Special Use Permit intact Ms Cox stated that was correct noting the complaint was received in April of this year Commissioner Zalak questioned the complaints Ms Cox opined that the complaints was with noise and the number of vehicles She noted other complaints were made with regard to parking of wider trailers but according to the applicant all that ceased since the prior Special Use Permit

In response to Commissioner Zalak Ms Cox stated no hours or days of operation are included in the Special Use Permit Conditions Commissioner Bryant noted 2 letters of opposition are included in the agenda packet

Chairman McClain opened the floor to public comment John Roach NE 32nd Place advised that he lives immediately east of the subject

property He commented on the original Special Use Permit issued to Delmer Meeks in April of 2000 Mr Roach referred to the complaint from April of 2013 was when a commercial vehicle was parked on the property for more than 1 week noting he took a

Book T Page 1253

December 162014

picture which should in packet He noted the truck was not parked on parcel but rather in front of 11 NE 32nd Place Prior to this instance Mr Meeks a black ambulance identical the ones used by the County for EMTs Medical Transports) onto property which was disassembled sanded ground down put back together and had it The ambulance stayed on the property for 6 before it was moved to property immediately adjacent to NE Jacksonville with a 30 foot long trailer (for toting heavy equipment) and an GMC pickup truck In speaking with Growth Services staff Special Use Permit not for the sale of used vehiclestrailers commented on a on property for nearly 2 He his understanding is Use Permit allows the applicant to park a commercial vehicle on for any length of time without consequence Mr voiced his Permit renewal and urged the to deny the request

The the public comment portion was now

Commissioner as to the number of complaints subject property over Mr Martsolf advised the v v was adopted in 11 only complaint received since that 2014 He noted the Use Permit for Delmer Meeks was on and this application and one that was issued in 2011 is for 2 trucks on parcel which a land use and a commercial zoning Meeks Mr Martsolf the only complaint received on this parked however the Code Enforcement Officer did not was an existing Permit

In to Commissioner Bryant Mr Martsolf clarified that Use Permit was for O acre parcel and the 2011 permit and today is for the understood that the Delmer been sold no is currently occurring on that parcel Mr Martsolf 2 letters of opposition which addressed noise and movement of the trucks

Chairman McClain noted the reason for the Special Use Permit is outside storage is not in a zone Mr Martsolf concurred noting only trucks permitted in a is something associated with what is being done on property There

however auto repair can be conducted but not body work noted that no sales should be occurring on property either Mr

is off NE 32nd Place

Commissioner and being good

neighbors Bryant agreed that time limits are Permits to

make sure that it did not become an issue for neighbors the applicant did not show on testimony heard today the Permit is adversely affecting quality of life

A motion was made by Commissioner Bryant by Commissioner Moore to deny Permit based on findings recommendations that the proposed use is not compatible with surrounding land is consistent with the

1 T

14

3

consistent with the Marion County compatible with

the added condition on was tied 2 to 2

relation

Commission

December 1

will adversely affect public interest The motion was (5-0)

ResolutionsZoning - (14B) - 2 - (PampZ Comm 141102SU) a petition by Walter and Linda Tomasik (owners) Chris M Haigh (applicant)

10203 Broadway Street Indianapolis IN for a Special Permit Articles 12 4 of the Marion County Land Development Code to allow parking of 3 commercial equipment trailers for a bobcat front loader bush hog and dump trailer in an zone on approximately 238 acres Account No1 1 (Continued from the

Hearing) WRITTEN OPPOSITION WITHIN 300 F 0 of 14 0

2014 PampZ

ING amp ZONI COMMISSION RECOMMENDATION Motion was by Ms Shields-Mangram seconded by Mr Colen to disagree with staffs findings

recommendation recommend approval with conditions based on following findings of fact 1 Will not adversely the public interest

Plan surrounding land uses

for use Shields-Mangram and Mr Colen voted yes and Mr

no) Marion County Land Code Section -

the Commission action Planning and Zoning

Commission (PampZ) recommendation (c) In the in a tie vote the Commission may deem its of the amendment

and the amendment shall proceed to consideration(s) without a formal recommendation Planning Technician Angello advised that this was first by

the PampZ Commissioner in which time it was until November 24 2014 noted the property land use and an zoning in Lake Ranchettes subdivision Staff recommended denial the intensity of the use in an agricultural and primarily residential area subdivision The reason for continuing the PampZ Commission hearing to November is because of Code Enforcement cases on the property and to allow the applicant to clear up some of those cases property was re-inspected the day before the PampZ Commission hearing and many the cases were cleared It was noted that pictures are included in the Agenda packet applicant also an outstanding Code case in

that was property without The applicant of yesterday) a for a pole barn At Commission

Approval Conditions however Growth staff did recommended any Conditions since they are

recommending denial All Code violation cases have except for the original violation a business use in an agricultural zone It was noted that the PampZ Commission made no recommendation due to a vote and if the Board g the Special Permit following Alternate Approval Conditions are recommended

1 site shall be developed and operated with the submitted conceptual plan and conditions as provided with this approval

Book T Page 1255

1 4

2 The Special is limited to landscaping trucks with trailers and two vehicles for of the land contracting business

a maximum of three

Use of the subject property for a contractors yard is limited Saturday 700am 900pm Existing trees within of the subject west east and south boundary lines shall maintained No site lighting mounted higher than or 30 in height and all lighting shall and shielded prevent directly lighting The a paved driveway apron

reside onsite not with

shall expire on 2017 The applicant may submit a new Use Permit Application for consideration to renew and extend this permit in the future

10 CO on garage for business use (Ed Note The is symbol for feet and CO is the acronym for

) Commissioner commented on a landscape company and bringing material

to the property but saw is wood in to log splitting and inqu if debris and being on the as

to the property from well Ms Angello it

is mostly wood where or whatever is brought that is then cut up into firewood She noted been cleared

the number of log splitters from 2 to 1 and stacked wood along the fence Commissioner Bryant questioned how the complaints came

about Ms Angello stated the cases came from complaints Commissioner Bryant a business is being operated in a residential area Commissioner Zalak noted it is an

area Commissioner 247 pm

Haigh SW Dunnellon applicant was present He the park equipment on the property

Commissioner Moore returned at 248 pm Use Permit

Mr Haigh noted some of the pictures overwhelming surrounded by a large wood He stated the who made the Code is not present today The wood and wood splitting is a hobby and did not occur on property every day but is minimal All of the applicants work is produced outside

property but there are when he has to early in the morning with a of equipment and it may 2 months before it has to hauled back to the property Living on site makes it the applicant to in this manner

Mr Haigh is a family owned and business which from his father and is what knows how to do family He no opposition to the Permit request is minimal

Chairman McClain the floor to public comment Linda Tomasik Indianapolis IN owner of

support for the Special and requested Walter Tomasik Indianapolis IN other owner

came here to help the get this matter

1 Book T

subject property her to approve

subject property htened out He advised

162014

applicant has taken care of property and has done extremely well around the property to keep oeClOle out prevent stealing solid was put up along a portion of the Mr opined that the applicant

Special Use Permit described the where the commercial are parked

that one of the Code cases was in regard to a mobile home which been The second address is

In response to Commissioner Mr Haigh stated the complaint started returned home around midnig from working in Gainesville in Ilis 1 ton dually

truck He advised that did not unload the equipment that night Chairman McClain advised that public comment portion was now vIV)

A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Resolution 14-R-692 granting Special Use Permit with Conditions 1 through 9 based on find and recommendations that the is compatible with surrounding land with the will not adversely affect the public

In response to Chairman McClain Mr he was agreeable with proposed Alternate Approval McClain referred to Condition No 3

to hours of operation advised that the hours to up equipment but did not truck in and out property

McClain concurred noting referred to the contractors yard Chairman McClain referred to Condition NO5 and inquired as to lighting on the

Mr Haigh stated the only lighting is a power pole that was installed by power company at the 17962 address in front Ms Tomasik noted the light has

they owned the property Comm suggested the Condition to show that the existing lighting is okay but no additional lighting exeeo

in height can be added Commissioner Bryant opined that lighting would not count In to Commissioner Zalak Mr Martsolf stated if complaints are would have the lights shielded

motion was unanimously by the Board (5-0) (Ed Note Condition 10 was the CO has already been obtained) Commissioners Bryant and pm

~====~ - (1 B) 141205SU) - The Board a petition by David and Lorraine (ownersapplicants) 12850 East

25 Ocklawaha FL for a Special Articles 1 2 and 4 of the Marion County Land Development Code for a day and events in an R-3 zone on

acres of Parcel Account and 49093-000-00 WRITTEN OPPOSITION WITHIN 300 2 of 14 14

PLANNING amp ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Ms Shields-Mang disagree with staffs findings

recommendation and recommend on the following findings

1 Will adversely affect the public Is not consistent with the Marion Plan

not compatible with the surrounding motion passed 4 to O

Book T Page 1

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

1 Book T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

=====~ - (14A)

of the Forest Inc (applicant) 19186 NE 1 a Use Permit Articles 12 and 4 of the Marion County

children

a new Special Use Permit Use Permit shall run with the property Use Permit is effective for the total 2

inate if there is a division or subdivision of the property

a from 000-00 461 Vpound-JVVshy 47576-000-00

Consent)

1

December 16 2014

McClain explained the process for as follows

hearings motion approved the consent agenda

- 1 - (PampZ 141 1SU - Consent)shyadopted Resolution 14-R-687 granting a petition by Marion County (owner)

Springs FL for Development Code

to allow a homework and tutoring facility 3 days a week a in a G-U zone on approximately 207 acres of Parcel Account No 51148-001 Resolution 14-R-687

following Conditions 1 The site shall be developed and n r-gttori with submitted

conceptual plan and the conditions provided with approval Ing to the site shall via US Hwy 42

3 applicant must obtain all pertinent to vvlUIJ

building and conduct the requested use school tutoring shall be In building on site

Monday thru from 12 pm until 7 pm tutoring is limited to a maximum

Any increase in the in the use of the property ie

thirty (30) number

and shall

(14A) 2 (PampZ Commission 141202Z - Board by Gloria and Kenneth Kaalberg (owners) Chuck Albiol (applicant)

26 Palm Harbor FL for a Zoning Change 1 2 4 the Marion County Development Code from M-1 to B-4 on approximately 11 acres of Parcel Account No 48404-000-00

==~ - (14A) - 3 - Commission 141203Z by Marvin Shives Revocable Living Trust (owner)

Court Summerfield FL for a Zoning 4 the Marion County Development Code from B-4 to acres of Account No 45333-000-00

- (PampZ Commission 141 - Consent) W White (ownerapplicant) PO Box 61 Sum

12 and 4 of the Marion County Land Development on approximately 598 acres of Parcel Account Nos 46099shy

18-076-000 4618-045-000 and 18-040-000

Zoning (1 - (PampZ Commission 141206Z granted a petition by Bank (owner) Ashley Parkers LLC Roy (applicants) 200 Avenue Orlando FL for a Zoning and 4 of the Marion nty Land Development Code from A-1 to 814 acres of Account No 47671-000-01

IOlnIncgtr 16 2014

(PampZ Commission 141 - Consent) -The adopted Resolution 1 granting a petition by (owner) Derek McCall (applicant) 1617 SW 31 st Avenue Ocala FL for a Use Permit Articles 1 2 4 of the Marion County Land Development to allow motorcycle

in a B-2 zone on approximately 072 acre of Account No 3137shy14-R-688 following Conditions

1 Adequate customer shall be maintained 2 Use Permit December 17 201 applicant may

submit an application to renew this permit in the future

(PampZ Commission 14121 - Consent) shyadopted Resolution 1 granting a petition by Marion County Utilities

Mellinger Director (applicant) 601 SE 25th Ave FL for a Special Articles 1 2 and 4 of Marion County Land Development Code to expand

plant and add an building for Marion county Utilities field staff in a R-4 zone on approximately 131 acres of Parcel Account No 3563-000-001 Resolution 1 the following Conditions

site shall and operated with the submitted conceptual plan with approval The west plusmnh of treatment plant facilities including a 4000 maintenance amp construction Marion County

3 Ingressegress to utility facilities shall Temporary access to SW 85th Place is only for the cvuc

construction of newexpanded water treatment plant facilities upon completion of the construction the access to SW 85th shall be closed and gated No outdoor of goods and materials for utility construction andor utility repairs occur on-site Materials for construction of the utility facilities to be site during construction however materials indoors or be removed from the site upon the completion of the and issuance of facilities of Occupancy The east shall be limited to professional office medical andor dental office uses in existing 2850 Expansion of facility is not permitted however a new Special may be submitted to request consideration and obtain potential approval for an expansion Ingressegress to professional office portion of the site shall be from SW 85th No access shall be provided SW 85th Place All parking facilities and office shall provided within the boundary the overall to suitable parking easements division of the property occur

8 The existing privacy fencing along the (PIDs 3563-011 southeast (SW Place) and southwest (PID 3563-011-007) sites boundary be maintained and privacy fencing along east boundary shall be extended north the east boundary to

1248 Book T

December 16 2014

the southwest corner of the existing privacy fencing of the adjoining property (PID 3563-011-001)

9 Trees meeting the LDC Type HE Buffer tree planting standards (5 minimum width four (4) trees per 100 LF) shall be provided and maintained along the full perimeter of the site however the provision of trees along the west boundary may be deferred in-lieu of maintaining existing site vegetation in that location In the event that existing vegetation is removed the trees shall then be provided

(Ed Note SF is the abbreviation of square feetfoot and LF is the abbreviation for linear or lineal footfeet)

Zoning - (14A) - 9 - (PampZ Commission 141212Z - Consent) - The Board granted a petition by Marion County (owner) I County Administrator Bill Kauffman (applicant) 601 SE 25th Avenue Ocala FL for a Zoning Change Articles 1 2 and 4 of the Marion County Land Development Code from 1V1-1 and B-5 to G-U on approximately 2257 acres of Parcel Account No 4984-00-028 and a portion of Parcel Account Nos 4984-200-001 and 4984-200-002

ResolutionsZoning - (14A) - 10 - (PampZ Commission 141213SU - Consent)shyThe Board adopted Resolution 14-R-690 granting a petition by Marion County (owner) County Administrator Bill Kauffman (applicant) 601 SE 25th Avenue Ocala FL for a Special Use Permit Articles 1 2 and 4 of the Marion County Land Development Code for a fire station in a G-U zone on approximately 2257 acres of Parcel Account No 4984shy00-028 and a portion of Parcel Account Nos 4984-200-001 and 4984-200-002 Resolution 14-R-690 contained 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 Ingressegress to the fire station site shall be via driveway entrances off of S Hwy 25 and SE 140th Avenue

3 A 15 wide Type C buffer shall be placed along the sites perimeter A more substantial buffer may be substituted as approved by Marion County and the Development Review Committee

ResolutionsZoning - (14A) - 6 - (PampZ Commission 141207SU) - The Board considered a petition by Amrit Yoga Foundation Inc (owner) I Liam Gillen CEO (applicant) 23855 NE CR 314 Salt Springs FL for a Special Use Permit Articles 1 2 and 4 of the Marion County Land Development Code to construct a two-story training building and an officestorage building across the street and to provide an overflow parking area on approximately 828 acres in an R-3 and R-1 zone of Parcel Account Nos 11549-000-00 and 11554-007-01

Senior Planner Kim Dinkins stated the request is for a 60 bed dormitory and commercial kitchen on the northern parcel adjacent to Lake Kerr and 2 residences and storage building as well as overflow parking on the southern parcel The parcel to the south is a historically platted subdivision and because some of the potential home sites will not be used staff is recommending approval of the 60 bed dormitory to the north The applicant also agreed to move their effluent from the parcel to the north to another parcel owned by the Yoga Foundation It was noted that both Growth Services Department staff

Book T Page 1249

December 16 2014

and the PampZ 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 The Yoga facility north of 314 shall be limited to a maximum of sixty (60) total beds The southern site (PID 11554-007-01) shall contain a maximum of two residences

3 OSTDS will be designed to provide the maximum protection to the waterbody This may include but not be limited to abatement and reconfiguration of existing drainfields and shall require all additional drainfields to be less than 5000 galday and located off site and south of Hwy 314

4 Should central sewer become available the facility will be required to connect within one year

5 Ingressegress to the southern site shall be via NE 239th Ct and NE 238th

Terr respectively 6 Consideration for pedestrian traffic will be required and shall be coordinated

with Marion County Office of the County Engineer 7 The proposed dormitory facility shall maintain a similar residential

fa9adecharacter as the existing single-family residence Any expansion of the structure andor increase in the number of residents will require for the ownerapplicant to submit a new Special Use Permit application for review and consideration

8 Proposed improvements shown on the Site B (South Site) concept plan is a combination of residence office and storage The overall number of residences on Site B shall not exceed two units

9 The Special Use Permit shall run with the owner (Amrit Yoga Foundation) and not with the property

10 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the properties On site A the number of allowable beds shall revert to the original 36 bed maximum

11 The Special Use Permit shall expire on December 16 2024 The applicant may submit a new Special Use Permit application for consideration to renew and extend this permit in the future

(Ed Note The following acronymsabbreviations were used in the above Special Use Permit Conditions PID - Parcel Identification Number OSTDS - Onsite Sewage Treatment and Disposal System gal- gallon Hwy - Highway Ct - Court Terr - Terrace and ft - feet)

Liam Gillen Chief Executive Officer (CEO) Amrit Yoga Foundation Inc NE Highway 314 Salt Springs applicant was present

Chairman McClain opened the floor to public comment Wesley Dubose NE 239th Court Salt Springs voiced his concern with the

southern parcel and mainly what will happen as far as overflow parking area The roads are not maintained by Marion County as property owners maintained the roads He further voiced his concern with the driveway and access to the subject site as well as increased traffic Mr Dubose commented on a barrier between the commercial and residential properties He noted he does not want to limit them from doing what they want with their property but is concerned with traffic flow and how that will impact the residential area

Page 1250 Book T

December 16 2014

Ms Dinkins addressed buffering to the adjacent residential areas noting the site plan has been revised She stated the property will be accessed one way from NE 239th

Court Chairman McClain clarified that the property will be accessed from Highway 314 to NE 239th Court Ms Dinkins advised that staff asked for a wall along Highway 314 and a 15 foot vegetative buffer on the adjacent (residential sides)

Aneash Tiwari Planning and Engineering Resources project engineers East Silver Springs Boulevard advised that the site plan has been modified noting employee parking is proposed off NE 239th Court She stated there will be no access to the south side from CR 314 as the property will be accessed from NE 239th Court and exited from NE 238 th Terrace The overflow parking is intended for visitors attending programs

Ms Tiwari clarified that the building on the north side will not have 60 occupants as there are 2 buildings that will distribute the occupants In response to Chairman McClain Ms Tiwari stated the 60 occupants will be spread among the 3 buildings

Chairman McClain inquired if the apron from CR 314 will be paved Mr Bouyounes advised that with the conceptual plan shows that all Code requirements must be met He stated the apron will be paved and the dirt road will be paved all the way down to their driveway Chairman McClain noted traffic will come out the west side onto NE 238 th

Terrace and back to CR 314 from that point Ms Tiwari concurred Chairman McClain stated an apron will be required from both sides Mr Bouyounes concurred

Mr Dubose voiced his opposition to access off NE 239th Court and inquired as to why the commercial property will not have an individual driveway from Highway 314 He further questioned why the barrier is on Highway 314 which is a County Road noting it is more appropriate to have on both sides where the residential traffic is to access residences Chairman McClain stated from the Countys perspective NE 239th Court is the most logical street rather than trying to make the applicant bring something onto their own property and from a transportation perspective is where they should enter and exit

In response to Chairman McClain Ms Tiwari stated they will have to see if there is enough of a landscape buffer noting they will be working witl1 DRC regarding a wall Chairman McClain advised that the BCC is being told that a concrete wall will be installed along CR 314 Ms Dinkins stated that was what was proposed Chairman McClain noted a landscape buffer will be along the entire residential portion Ms Dinkins stated the proposal is to buffer the entire property which is what staff will support

Commissioner Bryant inquired as to the 15 foot buffer Ms Dinkins advised that the 15 foot buffer will be a Type B Buffer Commissioner Zalak asked if it will not be simpler to require the entire site have a non-visual buffer especially for the residential side Ms Dinkins stated staff can call it an opaque buffer but clarified that if it is allowed to be vegetative that it be included in the Special Use Permit Conditions Commissioner Zalak stated the buffer can be vegetative fence concrete wall or whatever so long as the neighbors cannot see what is occurring on the subject site Mr Gillen noted he is agreeable Chairman McClain noted it will be made a part of the motion later on in the meeting

Chairman McClain advised that the public comment portion is now closed Commissioner Zalak stated the only place where one will see onto this property is

at the access points A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 14-R-691 granting the Special Use Permit with Conditions 1 through 11 as amended (see below) based on Growth Services Department staff and the PampZ Commission findings and recommendations that the proposed use is compatible with

Book T Page 1251

December 162014

surrounding land uses is consistent with Comprehensive Plan and will not adversely affect the public interest

CONDITION NO dormitory facility on Site A and residencestorage building shall maintain a similar residential facadecharacter as the residence CONDITION NO8 improvements shown on the Site B concept plan are a combination of and The total number of residences on Site B shall not ex(~ee~a CONDITION NO provided on Site B adjacent to the residential area on CONDITION NO1 shall run with the owner (Amrit Yoga Foundation) CONDITION shall expireterminate in the event

On site A the nu mber of maximum consistent with the

Environmentally designation of the property which limits the number of acre within 1000 ft a waterbody (Comprehensive CONDITION NO 12 Use Permit shall expire on December 1 The applicant a new Use Permit application to renew and this permit in the future (Ed Note In made Condition NO9 was added and

Nos 9 through 11 were as 10 through 12) The motion was unanimously approved by the Board (5-0) It was noted for that Deputy Clerk is in receipt of a letter of

dated December 2014

(14B) - 3 - (PampZ Commission 141205SU) - Mr Martsolf advised that the applicants and Lorraine Owen) have requested that for a day spa and continued He inquired as to whether the Board wants to grant or deny the

Commissioner he has no problem with a continuance but noted if people are ress the matter they should be heard Chairman McClain advised that the was to take public comment today before continuing the present wishing to speak In response to Mr

will be addressed in the order of the Agenda

(14B) - 1 - (PampZ Commission 141211SU) shy(owner) Merv Meeks (applicant) 31

Avenue Articles 1 2 and 4 of the Marion County Land Development a renewal to park 2 commercial vehicles g than 10000 pounds zone on approximately 045 acre of Parcel Account No 2473-001-001

OPPOSITION WITHIN 300 FEET 2 = COMMISSION RECOMMENDATION Motion was

seconded by Mr Bailey to agree with and recommend approval based on the following

Page 1 Book T

December 16 2014

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 O Planner Natalia Cox noted the applicant originally received a Special Use Permit

in October of 2011 which expired in October of this year The property is located off Jacksonville Road with an intersection at NE 32nd Place She advised that both Growth Services Department staff and the PampZ 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 The Special Use Permit is limited to a maximum of two (2) commercial vehicles namely a tractor trailer (VIN1 FUPCSZB24LB93716) and a second commercial vehicle to be obtained in the future

3 The ingressegress will be from NE 32nd Place using the existing paved driveway apron

4 The parkingstorage of a refrigerated trailer unit(s) or refer unit(s) is prohibited

5 No mechanical repairsmaintenance on the commercial vehicle shall take place on-site

6 The tractor trailer parking area shall be located in the eastern half of the subject property as shown on the submitted conceptual plan

7 The Special Use Permit shall run with Margaret amp Merv Meeks and not with the property

8 The Special Use Permit shall expire December 162019 The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future

9 Special Use Permit (111004SUResolution No 11-R-418) is hereby repealed and replaced with this Special Use Permit

Commissioner Bryant commended Ms Cox on her performance earlier this morning (choir)

Ms Cox noted that the proposed Special Use Permit was for a period of five (5) years

Commissioner Zalak referred to the Code Enforcement complaint and inquired if no action was taken because there was already an existing Special Use Permit intact Ms Cox stated that was correct noting the complaint was received in April of this year Commissioner Zalak questioned the complaints Ms Cox opined that the complaints was with noise and the number of vehicles She noted other complaints were made with regard to parking of wider trailers but according to the applicant all that ceased since the prior Special Use Permit

In response to Commissioner Zalak Ms Cox stated no hours or days of operation are included in the Special Use Permit Conditions Commissioner Bryant noted 2 letters of opposition are included in the agenda packet

Chairman McClain opened the floor to public comment John Roach NE 32nd Place advised that he lives immediately east of the subject

property He commented on the original Special Use Permit issued to Delmer Meeks in April of 2000 Mr Roach referred to the complaint from April of 2013 was when a commercial vehicle was parked on the property for more than 1 week noting he took a

Book T Page 1253

December 162014

picture which should in packet He noted the truck was not parked on parcel but rather in front of 11 NE 32nd Place Prior to this instance Mr Meeks a black ambulance identical the ones used by the County for EMTs Medical Transports) onto property which was disassembled sanded ground down put back together and had it The ambulance stayed on the property for 6 before it was moved to property immediately adjacent to NE Jacksonville with a 30 foot long trailer (for toting heavy equipment) and an GMC pickup truck In speaking with Growth Services staff Special Use Permit not for the sale of used vehiclestrailers commented on a on property for nearly 2 He his understanding is Use Permit allows the applicant to park a commercial vehicle on for any length of time without consequence Mr voiced his Permit renewal and urged the to deny the request

The the public comment portion was now

Commissioner as to the number of complaints subject property over Mr Martsolf advised the v v was adopted in 11 only complaint received since that 2014 He noted the Use Permit for Delmer Meeks was on and this application and one that was issued in 2011 is for 2 trucks on parcel which a land use and a commercial zoning Meeks Mr Martsolf the only complaint received on this parked however the Code Enforcement Officer did not was an existing Permit

In to Commissioner Bryant Mr Martsolf clarified that Use Permit was for O acre parcel and the 2011 permit and today is for the understood that the Delmer been sold no is currently occurring on that parcel Mr Martsolf 2 letters of opposition which addressed noise and movement of the trucks

Chairman McClain noted the reason for the Special Use Permit is outside storage is not in a zone Mr Martsolf concurred noting only trucks permitted in a is something associated with what is being done on property There

however auto repair can be conducted but not body work noted that no sales should be occurring on property either Mr

is off NE 32nd Place

Commissioner and being good

neighbors Bryant agreed that time limits are Permits to

make sure that it did not become an issue for neighbors the applicant did not show on testimony heard today the Permit is adversely affecting quality of life

A motion was made by Commissioner Bryant by Commissioner Moore to deny Permit based on findings recommendations that the proposed use is not compatible with surrounding land is consistent with the

1 T

14

3

consistent with the Marion County compatible with

the added condition on was tied 2 to 2

relation

Commission

December 1

will adversely affect public interest The motion was (5-0)

ResolutionsZoning - (14B) - 2 - (PampZ Comm 141102SU) a petition by Walter and Linda Tomasik (owners) Chris M Haigh (applicant)

10203 Broadway Street Indianapolis IN for a Special Permit Articles 12 4 of the Marion County Land Development Code to allow parking of 3 commercial equipment trailers for a bobcat front loader bush hog and dump trailer in an zone on approximately 238 acres Account No1 1 (Continued from the

Hearing) WRITTEN OPPOSITION WITHIN 300 F 0 of 14 0

2014 PampZ

ING amp ZONI COMMISSION RECOMMENDATION Motion was by Ms Shields-Mangram seconded by Mr Colen to disagree with staffs findings

recommendation recommend approval with conditions based on following findings of fact 1 Will not adversely the public interest

Plan surrounding land uses

for use Shields-Mangram and Mr Colen voted yes and Mr

no) Marion County Land Code Section -

the Commission action Planning and Zoning

Commission (PampZ) recommendation (c) In the in a tie vote the Commission may deem its of the amendment

and the amendment shall proceed to consideration(s) without a formal recommendation Planning Technician Angello advised that this was first by

the PampZ Commissioner in which time it was until November 24 2014 noted the property land use and an zoning in Lake Ranchettes subdivision Staff recommended denial the intensity of the use in an agricultural and primarily residential area subdivision The reason for continuing the PampZ Commission hearing to November is because of Code Enforcement cases on the property and to allow the applicant to clear up some of those cases property was re-inspected the day before the PampZ Commission hearing and many the cases were cleared It was noted that pictures are included in the Agenda packet applicant also an outstanding Code case in

that was property without The applicant of yesterday) a for a pole barn At Commission

Approval Conditions however Growth staff did recommended any Conditions since they are

recommending denial All Code violation cases have except for the original violation a business use in an agricultural zone It was noted that the PampZ Commission made no recommendation due to a vote and if the Board g the Special Permit following Alternate Approval Conditions are recommended

1 site shall be developed and operated with the submitted conceptual plan and conditions as provided with this approval

Book T Page 1255

1 4

2 The Special is limited to landscaping trucks with trailers and two vehicles for of the land contracting business

a maximum of three

Use of the subject property for a contractors yard is limited Saturday 700am 900pm Existing trees within of the subject west east and south boundary lines shall maintained No site lighting mounted higher than or 30 in height and all lighting shall and shielded prevent directly lighting The a paved driveway apron

reside onsite not with

shall expire on 2017 The applicant may submit a new Use Permit Application for consideration to renew and extend this permit in the future

10 CO on garage for business use (Ed Note The is symbol for feet and CO is the acronym for

) Commissioner commented on a landscape company and bringing material

to the property but saw is wood in to log splitting and inqu if debris and being on the as

to the property from well Ms Angello it

is mostly wood where or whatever is brought that is then cut up into firewood She noted been cleared

the number of log splitters from 2 to 1 and stacked wood along the fence Commissioner Bryant questioned how the complaints came

about Ms Angello stated the cases came from complaints Commissioner Bryant a business is being operated in a residential area Commissioner Zalak noted it is an

area Commissioner 247 pm

Haigh SW Dunnellon applicant was present He the park equipment on the property

Commissioner Moore returned at 248 pm Use Permit

Mr Haigh noted some of the pictures overwhelming surrounded by a large wood He stated the who made the Code is not present today The wood and wood splitting is a hobby and did not occur on property every day but is minimal All of the applicants work is produced outside

property but there are when he has to early in the morning with a of equipment and it may 2 months before it has to hauled back to the property Living on site makes it the applicant to in this manner

Mr Haigh is a family owned and business which from his father and is what knows how to do family He no opposition to the Permit request is minimal

Chairman McClain the floor to public comment Linda Tomasik Indianapolis IN owner of

support for the Special and requested Walter Tomasik Indianapolis IN other owner

came here to help the get this matter

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subject property her to approve

subject property htened out He advised

162014

applicant has taken care of property and has done extremely well around the property to keep oeClOle out prevent stealing solid was put up along a portion of the Mr opined that the applicant

Special Use Permit described the where the commercial are parked

that one of the Code cases was in regard to a mobile home which been The second address is

In response to Commissioner Mr Haigh stated the complaint started returned home around midnig from working in Gainesville in Ilis 1 ton dually

truck He advised that did not unload the equipment that night Chairman McClain advised that public comment portion was now vIV)

A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Resolution 14-R-692 granting Special Use Permit with Conditions 1 through 9 based on find and recommendations that the is compatible with surrounding land with the will not adversely affect the public

In response to Chairman McClain Mr he was agreeable with proposed Alternate Approval McClain referred to Condition No 3

to hours of operation advised that the hours to up equipment but did not truck in and out property

McClain concurred noting referred to the contractors yard Chairman McClain referred to Condition NO5 and inquired as to lighting on the

Mr Haigh stated the only lighting is a power pole that was installed by power company at the 17962 address in front Ms Tomasik noted the light has

they owned the property Comm suggested the Condition to show that the existing lighting is okay but no additional lighting exeeo

in height can be added Commissioner Bryant opined that lighting would not count In to Commissioner Zalak Mr Martsolf stated if complaints are would have the lights shielded

motion was unanimously by the Board (5-0) (Ed Note Condition 10 was the CO has already been obtained) Commissioners Bryant and pm

~====~ - (1 B) 141205SU) - The Board a petition by David and Lorraine (ownersapplicants) 12850 East

25 Ocklawaha FL for a Special Articles 1 2 and 4 of the Marion County Land Development Code for a day and events in an R-3 zone on

acres of Parcel Account and 49093-000-00 WRITTEN OPPOSITION WITHIN 300 2 of 14 14

PLANNING amp ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Ms Shields-Mang disagree with staffs findings

recommendation and recommend on the following findings

1 Will adversely affect the public Is not consistent with the Marion Plan

not compatible with the surrounding motion passed 4 to O

Book T Page 1

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

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December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

IOlnIncgtr 16 2014

(PampZ Commission 141 - Consent) -The adopted Resolution 1 granting a petition by (owner) Derek McCall (applicant) 1617 SW 31 st Avenue Ocala FL for a Use Permit Articles 1 2 4 of the Marion County Land Development to allow motorcycle

in a B-2 zone on approximately 072 acre of Account No 3137shy14-R-688 following Conditions

1 Adequate customer shall be maintained 2 Use Permit December 17 201 applicant may

submit an application to renew this permit in the future

(PampZ Commission 14121 - Consent) shyadopted Resolution 1 granting a petition by Marion County Utilities

Mellinger Director (applicant) 601 SE 25th Ave FL for a Special Articles 1 2 and 4 of Marion County Land Development Code to expand

plant and add an building for Marion county Utilities field staff in a R-4 zone on approximately 131 acres of Parcel Account No 3563-000-001 Resolution 1 the following Conditions

site shall and operated with the submitted conceptual plan with approval The west plusmnh of treatment plant facilities including a 4000 maintenance amp construction Marion County

3 Ingressegress to utility facilities shall Temporary access to SW 85th Place is only for the cvuc

construction of newexpanded water treatment plant facilities upon completion of the construction the access to SW 85th shall be closed and gated No outdoor of goods and materials for utility construction andor utility repairs occur on-site Materials for construction of the utility facilities to be site during construction however materials indoors or be removed from the site upon the completion of the and issuance of facilities of Occupancy The east shall be limited to professional office medical andor dental office uses in existing 2850 Expansion of facility is not permitted however a new Special may be submitted to request consideration and obtain potential approval for an expansion Ingressegress to professional office portion of the site shall be from SW 85th No access shall be provided SW 85th Place All parking facilities and office shall provided within the boundary the overall to suitable parking easements division of the property occur

8 The existing privacy fencing along the (PIDs 3563-011 southeast (SW Place) and southwest (PID 3563-011-007) sites boundary be maintained and privacy fencing along east boundary shall be extended north the east boundary to

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December 16 2014

the southwest corner of the existing privacy fencing of the adjoining property (PID 3563-011-001)

9 Trees meeting the LDC Type HE Buffer tree planting standards (5 minimum width four (4) trees per 100 LF) shall be provided and maintained along the full perimeter of the site however the provision of trees along the west boundary may be deferred in-lieu of maintaining existing site vegetation in that location In the event that existing vegetation is removed the trees shall then be provided

(Ed Note SF is the abbreviation of square feetfoot and LF is the abbreviation for linear or lineal footfeet)

Zoning - (14A) - 9 - (PampZ Commission 141212Z - Consent) - The Board granted a petition by Marion County (owner) I County Administrator Bill Kauffman (applicant) 601 SE 25th Avenue Ocala FL for a Zoning Change Articles 1 2 and 4 of the Marion County Land Development Code from 1V1-1 and B-5 to G-U on approximately 2257 acres of Parcel Account No 4984-00-028 and a portion of Parcel Account Nos 4984-200-001 and 4984-200-002

ResolutionsZoning - (14A) - 10 - (PampZ Commission 141213SU - Consent)shyThe Board adopted Resolution 14-R-690 granting a petition by Marion County (owner) County Administrator Bill Kauffman (applicant) 601 SE 25th Avenue Ocala FL for a Special Use Permit Articles 1 2 and 4 of the Marion County Land Development Code for a fire station in a G-U zone on approximately 2257 acres of Parcel Account No 4984shy00-028 and a portion of Parcel Account Nos 4984-200-001 and 4984-200-002 Resolution 14-R-690 contained 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 Ingressegress to the fire station site shall be via driveway entrances off of S Hwy 25 and SE 140th Avenue

3 A 15 wide Type C buffer shall be placed along the sites perimeter A more substantial buffer may be substituted as approved by Marion County and the Development Review Committee

ResolutionsZoning - (14A) - 6 - (PampZ Commission 141207SU) - The Board considered a petition by Amrit Yoga Foundation Inc (owner) I Liam Gillen CEO (applicant) 23855 NE CR 314 Salt Springs FL for a Special Use Permit Articles 1 2 and 4 of the Marion County Land Development Code to construct a two-story training building and an officestorage building across the street and to provide an overflow parking area on approximately 828 acres in an R-3 and R-1 zone of Parcel Account Nos 11549-000-00 and 11554-007-01

Senior Planner Kim Dinkins stated the request is for a 60 bed dormitory and commercial kitchen on the northern parcel adjacent to Lake Kerr and 2 residences and storage building as well as overflow parking on the southern parcel The parcel to the south is a historically platted subdivision and because some of the potential home sites will not be used staff is recommending approval of the 60 bed dormitory to the north The applicant also agreed to move their effluent from the parcel to the north to another parcel owned by the Yoga Foundation It was noted that both Growth Services Department staff

Book T Page 1249

December 16 2014

and the PampZ 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 The Yoga facility north of 314 shall be limited to a maximum of sixty (60) total beds The southern site (PID 11554-007-01) shall contain a maximum of two residences

3 OSTDS will be designed to provide the maximum protection to the waterbody This may include but not be limited to abatement and reconfiguration of existing drainfields and shall require all additional drainfields to be less than 5000 galday and located off site and south of Hwy 314

4 Should central sewer become available the facility will be required to connect within one year

5 Ingressegress to the southern site shall be via NE 239th Ct and NE 238th

Terr respectively 6 Consideration for pedestrian traffic will be required and shall be coordinated

with Marion County Office of the County Engineer 7 The proposed dormitory facility shall maintain a similar residential

fa9adecharacter as the existing single-family residence Any expansion of the structure andor increase in the number of residents will require for the ownerapplicant to submit a new Special Use Permit application for review and consideration

8 Proposed improvements shown on the Site B (South Site) concept plan is a combination of residence office and storage The overall number of residences on Site B shall not exceed two units

9 The Special Use Permit shall run with the owner (Amrit Yoga Foundation) and not with the property

10 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the properties On site A the number of allowable beds shall revert to the original 36 bed maximum

11 The Special Use Permit shall expire on December 16 2024 The applicant may submit a new Special Use Permit application for consideration to renew and extend this permit in the future

(Ed Note The following acronymsabbreviations were used in the above Special Use Permit Conditions PID - Parcel Identification Number OSTDS - Onsite Sewage Treatment and Disposal System gal- gallon Hwy - Highway Ct - Court Terr - Terrace and ft - feet)

Liam Gillen Chief Executive Officer (CEO) Amrit Yoga Foundation Inc NE Highway 314 Salt Springs applicant was present

Chairman McClain opened the floor to public comment Wesley Dubose NE 239th Court Salt Springs voiced his concern with the

southern parcel and mainly what will happen as far as overflow parking area The roads are not maintained by Marion County as property owners maintained the roads He further voiced his concern with the driveway and access to the subject site as well as increased traffic Mr Dubose commented on a barrier between the commercial and residential properties He noted he does not want to limit them from doing what they want with their property but is concerned with traffic flow and how that will impact the residential area

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December 16 2014

Ms Dinkins addressed buffering to the adjacent residential areas noting the site plan has been revised She stated the property will be accessed one way from NE 239th

Court Chairman McClain clarified that the property will be accessed from Highway 314 to NE 239th Court Ms Dinkins advised that staff asked for a wall along Highway 314 and a 15 foot vegetative buffer on the adjacent (residential sides)

Aneash Tiwari Planning and Engineering Resources project engineers East Silver Springs Boulevard advised that the site plan has been modified noting employee parking is proposed off NE 239th Court She stated there will be no access to the south side from CR 314 as the property will be accessed from NE 239th Court and exited from NE 238 th Terrace The overflow parking is intended for visitors attending programs

Ms Tiwari clarified that the building on the north side will not have 60 occupants as there are 2 buildings that will distribute the occupants In response to Chairman McClain Ms Tiwari stated the 60 occupants will be spread among the 3 buildings

Chairman McClain inquired if the apron from CR 314 will be paved Mr Bouyounes advised that with the conceptual plan shows that all Code requirements must be met He stated the apron will be paved and the dirt road will be paved all the way down to their driveway Chairman McClain noted traffic will come out the west side onto NE 238 th

Terrace and back to CR 314 from that point Ms Tiwari concurred Chairman McClain stated an apron will be required from both sides Mr Bouyounes concurred

Mr Dubose voiced his opposition to access off NE 239th Court and inquired as to why the commercial property will not have an individual driveway from Highway 314 He further questioned why the barrier is on Highway 314 which is a County Road noting it is more appropriate to have on both sides where the residential traffic is to access residences Chairman McClain stated from the Countys perspective NE 239th Court is the most logical street rather than trying to make the applicant bring something onto their own property and from a transportation perspective is where they should enter and exit

In response to Chairman McClain Ms Tiwari stated they will have to see if there is enough of a landscape buffer noting they will be working witl1 DRC regarding a wall Chairman McClain advised that the BCC is being told that a concrete wall will be installed along CR 314 Ms Dinkins stated that was what was proposed Chairman McClain noted a landscape buffer will be along the entire residential portion Ms Dinkins stated the proposal is to buffer the entire property which is what staff will support

Commissioner Bryant inquired as to the 15 foot buffer Ms Dinkins advised that the 15 foot buffer will be a Type B Buffer Commissioner Zalak asked if it will not be simpler to require the entire site have a non-visual buffer especially for the residential side Ms Dinkins stated staff can call it an opaque buffer but clarified that if it is allowed to be vegetative that it be included in the Special Use Permit Conditions Commissioner Zalak stated the buffer can be vegetative fence concrete wall or whatever so long as the neighbors cannot see what is occurring on the subject site Mr Gillen noted he is agreeable Chairman McClain noted it will be made a part of the motion later on in the meeting

Chairman McClain advised that the public comment portion is now closed Commissioner Zalak stated the only place where one will see onto this property is

at the access points A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 14-R-691 granting the Special Use Permit with Conditions 1 through 11 as amended (see below) based on Growth Services Department staff and the PampZ Commission findings and recommendations that the proposed use is compatible with

Book T Page 1251

December 162014

surrounding land uses is consistent with Comprehensive Plan and will not adversely affect the public interest

CONDITION NO dormitory facility on Site A and residencestorage building shall maintain a similar residential facadecharacter as the residence CONDITION NO8 improvements shown on the Site B concept plan are a combination of and The total number of residences on Site B shall not ex(~ee~a CONDITION NO provided on Site B adjacent to the residential area on CONDITION NO1 shall run with the owner (Amrit Yoga Foundation) CONDITION shall expireterminate in the event

On site A the nu mber of maximum consistent with the

Environmentally designation of the property which limits the number of acre within 1000 ft a waterbody (Comprehensive CONDITION NO 12 Use Permit shall expire on December 1 The applicant a new Use Permit application to renew and this permit in the future (Ed Note In made Condition NO9 was added and

Nos 9 through 11 were as 10 through 12) The motion was unanimously approved by the Board (5-0) It was noted for that Deputy Clerk is in receipt of a letter of

dated December 2014

(14B) - 3 - (PampZ Commission 141205SU) - Mr Martsolf advised that the applicants and Lorraine Owen) have requested that for a day spa and continued He inquired as to whether the Board wants to grant or deny the

Commissioner he has no problem with a continuance but noted if people are ress the matter they should be heard Chairman McClain advised that the was to take public comment today before continuing the present wishing to speak In response to Mr

will be addressed in the order of the Agenda

(14B) - 1 - (PampZ Commission 141211SU) shy(owner) Merv Meeks (applicant) 31

Avenue Articles 1 2 and 4 of the Marion County Land Development a renewal to park 2 commercial vehicles g than 10000 pounds zone on approximately 045 acre of Parcel Account No 2473-001-001

OPPOSITION WITHIN 300 FEET 2 = COMMISSION RECOMMENDATION Motion was

seconded by Mr Bailey to agree with and recommend approval based on the following

Page 1 Book T

December 16 2014

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 O Planner Natalia Cox noted the applicant originally received a Special Use Permit

in October of 2011 which expired in October of this year The property is located off Jacksonville Road with an intersection at NE 32nd Place She advised that both Growth Services Department staff and the PampZ 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 The Special Use Permit is limited to a maximum of two (2) commercial vehicles namely a tractor trailer (VIN1 FUPCSZB24LB93716) and a second commercial vehicle to be obtained in the future

3 The ingressegress will be from NE 32nd Place using the existing paved driveway apron

4 The parkingstorage of a refrigerated trailer unit(s) or refer unit(s) is prohibited

5 No mechanical repairsmaintenance on the commercial vehicle shall take place on-site

6 The tractor trailer parking area shall be located in the eastern half of the subject property as shown on the submitted conceptual plan

7 The Special Use Permit shall run with Margaret amp Merv Meeks and not with the property

8 The Special Use Permit shall expire December 162019 The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future

9 Special Use Permit (111004SUResolution No 11-R-418) is hereby repealed and replaced with this Special Use Permit

Commissioner Bryant commended Ms Cox on her performance earlier this morning (choir)

Ms Cox noted that the proposed Special Use Permit was for a period of five (5) years

Commissioner Zalak referred to the Code Enforcement complaint and inquired if no action was taken because there was already an existing Special Use Permit intact Ms Cox stated that was correct noting the complaint was received in April of this year Commissioner Zalak questioned the complaints Ms Cox opined that the complaints was with noise and the number of vehicles She noted other complaints were made with regard to parking of wider trailers but according to the applicant all that ceased since the prior Special Use Permit

In response to Commissioner Zalak Ms Cox stated no hours or days of operation are included in the Special Use Permit Conditions Commissioner Bryant noted 2 letters of opposition are included in the agenda packet

Chairman McClain opened the floor to public comment John Roach NE 32nd Place advised that he lives immediately east of the subject

property He commented on the original Special Use Permit issued to Delmer Meeks in April of 2000 Mr Roach referred to the complaint from April of 2013 was when a commercial vehicle was parked on the property for more than 1 week noting he took a

Book T Page 1253

December 162014

picture which should in packet He noted the truck was not parked on parcel but rather in front of 11 NE 32nd Place Prior to this instance Mr Meeks a black ambulance identical the ones used by the County for EMTs Medical Transports) onto property which was disassembled sanded ground down put back together and had it The ambulance stayed on the property for 6 before it was moved to property immediately adjacent to NE Jacksonville with a 30 foot long trailer (for toting heavy equipment) and an GMC pickup truck In speaking with Growth Services staff Special Use Permit not for the sale of used vehiclestrailers commented on a on property for nearly 2 He his understanding is Use Permit allows the applicant to park a commercial vehicle on for any length of time without consequence Mr voiced his Permit renewal and urged the to deny the request

The the public comment portion was now

Commissioner as to the number of complaints subject property over Mr Martsolf advised the v v was adopted in 11 only complaint received since that 2014 He noted the Use Permit for Delmer Meeks was on and this application and one that was issued in 2011 is for 2 trucks on parcel which a land use and a commercial zoning Meeks Mr Martsolf the only complaint received on this parked however the Code Enforcement Officer did not was an existing Permit

In to Commissioner Bryant Mr Martsolf clarified that Use Permit was for O acre parcel and the 2011 permit and today is for the understood that the Delmer been sold no is currently occurring on that parcel Mr Martsolf 2 letters of opposition which addressed noise and movement of the trucks

Chairman McClain noted the reason for the Special Use Permit is outside storage is not in a zone Mr Martsolf concurred noting only trucks permitted in a is something associated with what is being done on property There

however auto repair can be conducted but not body work noted that no sales should be occurring on property either Mr

is off NE 32nd Place

Commissioner and being good

neighbors Bryant agreed that time limits are Permits to

make sure that it did not become an issue for neighbors the applicant did not show on testimony heard today the Permit is adversely affecting quality of life

A motion was made by Commissioner Bryant by Commissioner Moore to deny Permit based on findings recommendations that the proposed use is not compatible with surrounding land is consistent with the

1 T

14

3

consistent with the Marion County compatible with

the added condition on was tied 2 to 2

relation

Commission

December 1

will adversely affect public interest The motion was (5-0)

ResolutionsZoning - (14B) - 2 - (PampZ Comm 141102SU) a petition by Walter and Linda Tomasik (owners) Chris M Haigh (applicant)

10203 Broadway Street Indianapolis IN for a Special Permit Articles 12 4 of the Marion County Land Development Code to allow parking of 3 commercial equipment trailers for a bobcat front loader bush hog and dump trailer in an zone on approximately 238 acres Account No1 1 (Continued from the

Hearing) WRITTEN OPPOSITION WITHIN 300 F 0 of 14 0

2014 PampZ

ING amp ZONI COMMISSION RECOMMENDATION Motion was by Ms Shields-Mangram seconded by Mr Colen to disagree with staffs findings

recommendation recommend approval with conditions based on following findings of fact 1 Will not adversely the public interest

Plan surrounding land uses

for use Shields-Mangram and Mr Colen voted yes and Mr

no) Marion County Land Code Section -

the Commission action Planning and Zoning

Commission (PampZ) recommendation (c) In the in a tie vote the Commission may deem its of the amendment

and the amendment shall proceed to consideration(s) without a formal recommendation Planning Technician Angello advised that this was first by

the PampZ Commissioner in which time it was until November 24 2014 noted the property land use and an zoning in Lake Ranchettes subdivision Staff recommended denial the intensity of the use in an agricultural and primarily residential area subdivision The reason for continuing the PampZ Commission hearing to November is because of Code Enforcement cases on the property and to allow the applicant to clear up some of those cases property was re-inspected the day before the PampZ Commission hearing and many the cases were cleared It was noted that pictures are included in the Agenda packet applicant also an outstanding Code case in

that was property without The applicant of yesterday) a for a pole barn At Commission

Approval Conditions however Growth staff did recommended any Conditions since they are

recommending denial All Code violation cases have except for the original violation a business use in an agricultural zone It was noted that the PampZ Commission made no recommendation due to a vote and if the Board g the Special Permit following Alternate Approval Conditions are recommended

1 site shall be developed and operated with the submitted conceptual plan and conditions as provided with this approval

Book T Page 1255

1 4

2 The Special is limited to landscaping trucks with trailers and two vehicles for of the land contracting business

a maximum of three

Use of the subject property for a contractors yard is limited Saturday 700am 900pm Existing trees within of the subject west east and south boundary lines shall maintained No site lighting mounted higher than or 30 in height and all lighting shall and shielded prevent directly lighting The a paved driveway apron

reside onsite not with

shall expire on 2017 The applicant may submit a new Use Permit Application for consideration to renew and extend this permit in the future

10 CO on garage for business use (Ed Note The is symbol for feet and CO is the acronym for

) Commissioner commented on a landscape company and bringing material

to the property but saw is wood in to log splitting and inqu if debris and being on the as

to the property from well Ms Angello it

is mostly wood where or whatever is brought that is then cut up into firewood She noted been cleared

the number of log splitters from 2 to 1 and stacked wood along the fence Commissioner Bryant questioned how the complaints came

about Ms Angello stated the cases came from complaints Commissioner Bryant a business is being operated in a residential area Commissioner Zalak noted it is an

area Commissioner 247 pm

Haigh SW Dunnellon applicant was present He the park equipment on the property

Commissioner Moore returned at 248 pm Use Permit

Mr Haigh noted some of the pictures overwhelming surrounded by a large wood He stated the who made the Code is not present today The wood and wood splitting is a hobby and did not occur on property every day but is minimal All of the applicants work is produced outside

property but there are when he has to early in the morning with a of equipment and it may 2 months before it has to hauled back to the property Living on site makes it the applicant to in this manner

Mr Haigh is a family owned and business which from his father and is what knows how to do family He no opposition to the Permit request is minimal

Chairman McClain the floor to public comment Linda Tomasik Indianapolis IN owner of

support for the Special and requested Walter Tomasik Indianapolis IN other owner

came here to help the get this matter

1 Book T

subject property her to approve

subject property htened out He advised

162014

applicant has taken care of property and has done extremely well around the property to keep oeClOle out prevent stealing solid was put up along a portion of the Mr opined that the applicant

Special Use Permit described the where the commercial are parked

that one of the Code cases was in regard to a mobile home which been The second address is

In response to Commissioner Mr Haigh stated the complaint started returned home around midnig from working in Gainesville in Ilis 1 ton dually

truck He advised that did not unload the equipment that night Chairman McClain advised that public comment portion was now vIV)

A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Resolution 14-R-692 granting Special Use Permit with Conditions 1 through 9 based on find and recommendations that the is compatible with surrounding land with the will not adversely affect the public

In response to Chairman McClain Mr he was agreeable with proposed Alternate Approval McClain referred to Condition No 3

to hours of operation advised that the hours to up equipment but did not truck in and out property

McClain concurred noting referred to the contractors yard Chairman McClain referred to Condition NO5 and inquired as to lighting on the

Mr Haigh stated the only lighting is a power pole that was installed by power company at the 17962 address in front Ms Tomasik noted the light has

they owned the property Comm suggested the Condition to show that the existing lighting is okay but no additional lighting exeeo

in height can be added Commissioner Bryant opined that lighting would not count In to Commissioner Zalak Mr Martsolf stated if complaints are would have the lights shielded

motion was unanimously by the Board (5-0) (Ed Note Condition 10 was the CO has already been obtained) Commissioners Bryant and pm

~====~ - (1 B) 141205SU) - The Board a petition by David and Lorraine (ownersapplicants) 12850 East

25 Ocklawaha FL for a Special Articles 1 2 and 4 of the Marion County Land Development Code for a day and events in an R-3 zone on

acres of Parcel Account and 49093-000-00 WRITTEN OPPOSITION WITHIN 300 2 of 14 14

PLANNING amp ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Ms Shields-Mang disagree with staffs findings

recommendation and recommend on the following findings

1 Will adversely affect the public Is not consistent with the Marion Plan

not compatible with the surrounding motion passed 4 to O

Book T Page 1

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

1 Book T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

December 16 2014

the southwest corner of the existing privacy fencing of the adjoining property (PID 3563-011-001)

9 Trees meeting the LDC Type HE Buffer tree planting standards (5 minimum width four (4) trees per 100 LF) shall be provided and maintained along the full perimeter of the site however the provision of trees along the west boundary may be deferred in-lieu of maintaining existing site vegetation in that location In the event that existing vegetation is removed the trees shall then be provided

(Ed Note SF is the abbreviation of square feetfoot and LF is the abbreviation for linear or lineal footfeet)

Zoning - (14A) - 9 - (PampZ Commission 141212Z - Consent) - The Board granted a petition by Marion County (owner) I County Administrator Bill Kauffman (applicant) 601 SE 25th Avenue Ocala FL for a Zoning Change Articles 1 2 and 4 of the Marion County Land Development Code from 1V1-1 and B-5 to G-U on approximately 2257 acres of Parcel Account No 4984-00-028 and a portion of Parcel Account Nos 4984-200-001 and 4984-200-002

ResolutionsZoning - (14A) - 10 - (PampZ Commission 141213SU - Consent)shyThe Board adopted Resolution 14-R-690 granting a petition by Marion County (owner) County Administrator Bill Kauffman (applicant) 601 SE 25th Avenue Ocala FL for a Special Use Permit Articles 1 2 and 4 of the Marion County Land Development Code for a fire station in a G-U zone on approximately 2257 acres of Parcel Account No 4984shy00-028 and a portion of Parcel Account Nos 4984-200-001 and 4984-200-002 Resolution 14-R-690 contained 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 Ingressegress to the fire station site shall be via driveway entrances off of S Hwy 25 and SE 140th Avenue

3 A 15 wide Type C buffer shall be placed along the sites perimeter A more substantial buffer may be substituted as approved by Marion County and the Development Review Committee

ResolutionsZoning - (14A) - 6 - (PampZ Commission 141207SU) - The Board considered a petition by Amrit Yoga Foundation Inc (owner) I Liam Gillen CEO (applicant) 23855 NE CR 314 Salt Springs FL for a Special Use Permit Articles 1 2 and 4 of the Marion County Land Development Code to construct a two-story training building and an officestorage building across the street and to provide an overflow parking area on approximately 828 acres in an R-3 and R-1 zone of Parcel Account Nos 11549-000-00 and 11554-007-01

Senior Planner Kim Dinkins stated the request is for a 60 bed dormitory and commercial kitchen on the northern parcel adjacent to Lake Kerr and 2 residences and storage building as well as overflow parking on the southern parcel The parcel to the south is a historically platted subdivision and because some of the potential home sites will not be used staff is recommending approval of the 60 bed dormitory to the north The applicant also agreed to move their effluent from the parcel to the north to another parcel owned by the Yoga Foundation It was noted that both Growth Services Department staff

Book T Page 1249

December 16 2014

and the PampZ 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 The Yoga facility north of 314 shall be limited to a maximum of sixty (60) total beds The southern site (PID 11554-007-01) shall contain a maximum of two residences

3 OSTDS will be designed to provide the maximum protection to the waterbody This may include but not be limited to abatement and reconfiguration of existing drainfields and shall require all additional drainfields to be less than 5000 galday and located off site and south of Hwy 314

4 Should central sewer become available the facility will be required to connect within one year

5 Ingressegress to the southern site shall be via NE 239th Ct and NE 238th

Terr respectively 6 Consideration for pedestrian traffic will be required and shall be coordinated

with Marion County Office of the County Engineer 7 The proposed dormitory facility shall maintain a similar residential

fa9adecharacter as the existing single-family residence Any expansion of the structure andor increase in the number of residents will require for the ownerapplicant to submit a new Special Use Permit application for review and consideration

8 Proposed improvements shown on the Site B (South Site) concept plan is a combination of residence office and storage The overall number of residences on Site B shall not exceed two units

9 The Special Use Permit shall run with the owner (Amrit Yoga Foundation) and not with the property

10 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the properties On site A the number of allowable beds shall revert to the original 36 bed maximum

11 The Special Use Permit shall expire on December 16 2024 The applicant may submit a new Special Use Permit application for consideration to renew and extend this permit in the future

(Ed Note The following acronymsabbreviations were used in the above Special Use Permit Conditions PID - Parcel Identification Number OSTDS - Onsite Sewage Treatment and Disposal System gal- gallon Hwy - Highway Ct - Court Terr - Terrace and ft - feet)

Liam Gillen Chief Executive Officer (CEO) Amrit Yoga Foundation Inc NE Highway 314 Salt Springs applicant was present

Chairman McClain opened the floor to public comment Wesley Dubose NE 239th Court Salt Springs voiced his concern with the

southern parcel and mainly what will happen as far as overflow parking area The roads are not maintained by Marion County as property owners maintained the roads He further voiced his concern with the driveway and access to the subject site as well as increased traffic Mr Dubose commented on a barrier between the commercial and residential properties He noted he does not want to limit them from doing what they want with their property but is concerned with traffic flow and how that will impact the residential area

Page 1250 Book T

December 16 2014

Ms Dinkins addressed buffering to the adjacent residential areas noting the site plan has been revised She stated the property will be accessed one way from NE 239th

Court Chairman McClain clarified that the property will be accessed from Highway 314 to NE 239th Court Ms Dinkins advised that staff asked for a wall along Highway 314 and a 15 foot vegetative buffer on the adjacent (residential sides)

Aneash Tiwari Planning and Engineering Resources project engineers East Silver Springs Boulevard advised that the site plan has been modified noting employee parking is proposed off NE 239th Court She stated there will be no access to the south side from CR 314 as the property will be accessed from NE 239th Court and exited from NE 238 th Terrace The overflow parking is intended for visitors attending programs

Ms Tiwari clarified that the building on the north side will not have 60 occupants as there are 2 buildings that will distribute the occupants In response to Chairman McClain Ms Tiwari stated the 60 occupants will be spread among the 3 buildings

Chairman McClain inquired if the apron from CR 314 will be paved Mr Bouyounes advised that with the conceptual plan shows that all Code requirements must be met He stated the apron will be paved and the dirt road will be paved all the way down to their driveway Chairman McClain noted traffic will come out the west side onto NE 238 th

Terrace and back to CR 314 from that point Ms Tiwari concurred Chairman McClain stated an apron will be required from both sides Mr Bouyounes concurred

Mr Dubose voiced his opposition to access off NE 239th Court and inquired as to why the commercial property will not have an individual driveway from Highway 314 He further questioned why the barrier is on Highway 314 which is a County Road noting it is more appropriate to have on both sides where the residential traffic is to access residences Chairman McClain stated from the Countys perspective NE 239th Court is the most logical street rather than trying to make the applicant bring something onto their own property and from a transportation perspective is where they should enter and exit

In response to Chairman McClain Ms Tiwari stated they will have to see if there is enough of a landscape buffer noting they will be working witl1 DRC regarding a wall Chairman McClain advised that the BCC is being told that a concrete wall will be installed along CR 314 Ms Dinkins stated that was what was proposed Chairman McClain noted a landscape buffer will be along the entire residential portion Ms Dinkins stated the proposal is to buffer the entire property which is what staff will support

Commissioner Bryant inquired as to the 15 foot buffer Ms Dinkins advised that the 15 foot buffer will be a Type B Buffer Commissioner Zalak asked if it will not be simpler to require the entire site have a non-visual buffer especially for the residential side Ms Dinkins stated staff can call it an opaque buffer but clarified that if it is allowed to be vegetative that it be included in the Special Use Permit Conditions Commissioner Zalak stated the buffer can be vegetative fence concrete wall or whatever so long as the neighbors cannot see what is occurring on the subject site Mr Gillen noted he is agreeable Chairman McClain noted it will be made a part of the motion later on in the meeting

Chairman McClain advised that the public comment portion is now closed Commissioner Zalak stated the only place where one will see onto this property is

at the access points A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 14-R-691 granting the Special Use Permit with Conditions 1 through 11 as amended (see below) based on Growth Services Department staff and the PampZ Commission findings and recommendations that the proposed use is compatible with

Book T Page 1251

December 162014

surrounding land uses is consistent with Comprehensive Plan and will not adversely affect the public interest

CONDITION NO dormitory facility on Site A and residencestorage building shall maintain a similar residential facadecharacter as the residence CONDITION NO8 improvements shown on the Site B concept plan are a combination of and The total number of residences on Site B shall not ex(~ee~a CONDITION NO provided on Site B adjacent to the residential area on CONDITION NO1 shall run with the owner (Amrit Yoga Foundation) CONDITION shall expireterminate in the event

On site A the nu mber of maximum consistent with the

Environmentally designation of the property which limits the number of acre within 1000 ft a waterbody (Comprehensive CONDITION NO 12 Use Permit shall expire on December 1 The applicant a new Use Permit application to renew and this permit in the future (Ed Note In made Condition NO9 was added and

Nos 9 through 11 were as 10 through 12) The motion was unanimously approved by the Board (5-0) It was noted for that Deputy Clerk is in receipt of a letter of

dated December 2014

(14B) - 3 - (PampZ Commission 141205SU) - Mr Martsolf advised that the applicants and Lorraine Owen) have requested that for a day spa and continued He inquired as to whether the Board wants to grant or deny the

Commissioner he has no problem with a continuance but noted if people are ress the matter they should be heard Chairman McClain advised that the was to take public comment today before continuing the present wishing to speak In response to Mr

will be addressed in the order of the Agenda

(14B) - 1 - (PampZ Commission 141211SU) shy(owner) Merv Meeks (applicant) 31

Avenue Articles 1 2 and 4 of the Marion County Land Development a renewal to park 2 commercial vehicles g than 10000 pounds zone on approximately 045 acre of Parcel Account No 2473-001-001

OPPOSITION WITHIN 300 FEET 2 = COMMISSION RECOMMENDATION Motion was

seconded by Mr Bailey to agree with and recommend approval based on the following

Page 1 Book T

December 16 2014

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 O Planner Natalia Cox noted the applicant originally received a Special Use Permit

in October of 2011 which expired in October of this year The property is located off Jacksonville Road with an intersection at NE 32nd Place She advised that both Growth Services Department staff and the PampZ 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 The Special Use Permit is limited to a maximum of two (2) commercial vehicles namely a tractor trailer (VIN1 FUPCSZB24LB93716) and a second commercial vehicle to be obtained in the future

3 The ingressegress will be from NE 32nd Place using the existing paved driveway apron

4 The parkingstorage of a refrigerated trailer unit(s) or refer unit(s) is prohibited

5 No mechanical repairsmaintenance on the commercial vehicle shall take place on-site

6 The tractor trailer parking area shall be located in the eastern half of the subject property as shown on the submitted conceptual plan

7 The Special Use Permit shall run with Margaret amp Merv Meeks and not with the property

8 The Special Use Permit shall expire December 162019 The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future

9 Special Use Permit (111004SUResolution No 11-R-418) is hereby repealed and replaced with this Special Use Permit

Commissioner Bryant commended Ms Cox on her performance earlier this morning (choir)

Ms Cox noted that the proposed Special Use Permit was for a period of five (5) years

Commissioner Zalak referred to the Code Enforcement complaint and inquired if no action was taken because there was already an existing Special Use Permit intact Ms Cox stated that was correct noting the complaint was received in April of this year Commissioner Zalak questioned the complaints Ms Cox opined that the complaints was with noise and the number of vehicles She noted other complaints were made with regard to parking of wider trailers but according to the applicant all that ceased since the prior Special Use Permit

In response to Commissioner Zalak Ms Cox stated no hours or days of operation are included in the Special Use Permit Conditions Commissioner Bryant noted 2 letters of opposition are included in the agenda packet

Chairman McClain opened the floor to public comment John Roach NE 32nd Place advised that he lives immediately east of the subject

property He commented on the original Special Use Permit issued to Delmer Meeks in April of 2000 Mr Roach referred to the complaint from April of 2013 was when a commercial vehicle was parked on the property for more than 1 week noting he took a

Book T Page 1253

December 162014

picture which should in packet He noted the truck was not parked on parcel but rather in front of 11 NE 32nd Place Prior to this instance Mr Meeks a black ambulance identical the ones used by the County for EMTs Medical Transports) onto property which was disassembled sanded ground down put back together and had it The ambulance stayed on the property for 6 before it was moved to property immediately adjacent to NE Jacksonville with a 30 foot long trailer (for toting heavy equipment) and an GMC pickup truck In speaking with Growth Services staff Special Use Permit not for the sale of used vehiclestrailers commented on a on property for nearly 2 He his understanding is Use Permit allows the applicant to park a commercial vehicle on for any length of time without consequence Mr voiced his Permit renewal and urged the to deny the request

The the public comment portion was now

Commissioner as to the number of complaints subject property over Mr Martsolf advised the v v was adopted in 11 only complaint received since that 2014 He noted the Use Permit for Delmer Meeks was on and this application and one that was issued in 2011 is for 2 trucks on parcel which a land use and a commercial zoning Meeks Mr Martsolf the only complaint received on this parked however the Code Enforcement Officer did not was an existing Permit

In to Commissioner Bryant Mr Martsolf clarified that Use Permit was for O acre parcel and the 2011 permit and today is for the understood that the Delmer been sold no is currently occurring on that parcel Mr Martsolf 2 letters of opposition which addressed noise and movement of the trucks

Chairman McClain noted the reason for the Special Use Permit is outside storage is not in a zone Mr Martsolf concurred noting only trucks permitted in a is something associated with what is being done on property There

however auto repair can be conducted but not body work noted that no sales should be occurring on property either Mr

is off NE 32nd Place

Commissioner and being good

neighbors Bryant agreed that time limits are Permits to

make sure that it did not become an issue for neighbors the applicant did not show on testimony heard today the Permit is adversely affecting quality of life

A motion was made by Commissioner Bryant by Commissioner Moore to deny Permit based on findings recommendations that the proposed use is not compatible with surrounding land is consistent with the

1 T

14

3

consistent with the Marion County compatible with

the added condition on was tied 2 to 2

relation

Commission

December 1

will adversely affect public interest The motion was (5-0)

ResolutionsZoning - (14B) - 2 - (PampZ Comm 141102SU) a petition by Walter and Linda Tomasik (owners) Chris M Haigh (applicant)

10203 Broadway Street Indianapolis IN for a Special Permit Articles 12 4 of the Marion County Land Development Code to allow parking of 3 commercial equipment trailers for a bobcat front loader bush hog and dump trailer in an zone on approximately 238 acres Account No1 1 (Continued from the

Hearing) WRITTEN OPPOSITION WITHIN 300 F 0 of 14 0

2014 PampZ

ING amp ZONI COMMISSION RECOMMENDATION Motion was by Ms Shields-Mangram seconded by Mr Colen to disagree with staffs findings

recommendation recommend approval with conditions based on following findings of fact 1 Will not adversely the public interest

Plan surrounding land uses

for use Shields-Mangram and Mr Colen voted yes and Mr

no) Marion County Land Code Section -

the Commission action Planning and Zoning

Commission (PampZ) recommendation (c) In the in a tie vote the Commission may deem its of the amendment

and the amendment shall proceed to consideration(s) without a formal recommendation Planning Technician Angello advised that this was first by

the PampZ Commissioner in which time it was until November 24 2014 noted the property land use and an zoning in Lake Ranchettes subdivision Staff recommended denial the intensity of the use in an agricultural and primarily residential area subdivision The reason for continuing the PampZ Commission hearing to November is because of Code Enforcement cases on the property and to allow the applicant to clear up some of those cases property was re-inspected the day before the PampZ Commission hearing and many the cases were cleared It was noted that pictures are included in the Agenda packet applicant also an outstanding Code case in

that was property without The applicant of yesterday) a for a pole barn At Commission

Approval Conditions however Growth staff did recommended any Conditions since they are

recommending denial All Code violation cases have except for the original violation a business use in an agricultural zone It was noted that the PampZ Commission made no recommendation due to a vote and if the Board g the Special Permit following Alternate Approval Conditions are recommended

1 site shall be developed and operated with the submitted conceptual plan and conditions as provided with this approval

Book T Page 1255

1 4

2 The Special is limited to landscaping trucks with trailers and two vehicles for of the land contracting business

a maximum of three

Use of the subject property for a contractors yard is limited Saturday 700am 900pm Existing trees within of the subject west east and south boundary lines shall maintained No site lighting mounted higher than or 30 in height and all lighting shall and shielded prevent directly lighting The a paved driveway apron

reside onsite not with

shall expire on 2017 The applicant may submit a new Use Permit Application for consideration to renew and extend this permit in the future

10 CO on garage for business use (Ed Note The is symbol for feet and CO is the acronym for

) Commissioner commented on a landscape company and bringing material

to the property but saw is wood in to log splitting and inqu if debris and being on the as

to the property from well Ms Angello it

is mostly wood where or whatever is brought that is then cut up into firewood She noted been cleared

the number of log splitters from 2 to 1 and stacked wood along the fence Commissioner Bryant questioned how the complaints came

about Ms Angello stated the cases came from complaints Commissioner Bryant a business is being operated in a residential area Commissioner Zalak noted it is an

area Commissioner 247 pm

Haigh SW Dunnellon applicant was present He the park equipment on the property

Commissioner Moore returned at 248 pm Use Permit

Mr Haigh noted some of the pictures overwhelming surrounded by a large wood He stated the who made the Code is not present today The wood and wood splitting is a hobby and did not occur on property every day but is minimal All of the applicants work is produced outside

property but there are when he has to early in the morning with a of equipment and it may 2 months before it has to hauled back to the property Living on site makes it the applicant to in this manner

Mr Haigh is a family owned and business which from his father and is what knows how to do family He no opposition to the Permit request is minimal

Chairman McClain the floor to public comment Linda Tomasik Indianapolis IN owner of

support for the Special and requested Walter Tomasik Indianapolis IN other owner

came here to help the get this matter

1 Book T

subject property her to approve

subject property htened out He advised

162014

applicant has taken care of property and has done extremely well around the property to keep oeClOle out prevent stealing solid was put up along a portion of the Mr opined that the applicant

Special Use Permit described the where the commercial are parked

that one of the Code cases was in regard to a mobile home which been The second address is

In response to Commissioner Mr Haigh stated the complaint started returned home around midnig from working in Gainesville in Ilis 1 ton dually

truck He advised that did not unload the equipment that night Chairman McClain advised that public comment portion was now vIV)

A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Resolution 14-R-692 granting Special Use Permit with Conditions 1 through 9 based on find and recommendations that the is compatible with surrounding land with the will not adversely affect the public

In response to Chairman McClain Mr he was agreeable with proposed Alternate Approval McClain referred to Condition No 3

to hours of operation advised that the hours to up equipment but did not truck in and out property

McClain concurred noting referred to the contractors yard Chairman McClain referred to Condition NO5 and inquired as to lighting on the

Mr Haigh stated the only lighting is a power pole that was installed by power company at the 17962 address in front Ms Tomasik noted the light has

they owned the property Comm suggested the Condition to show that the existing lighting is okay but no additional lighting exeeo

in height can be added Commissioner Bryant opined that lighting would not count In to Commissioner Zalak Mr Martsolf stated if complaints are would have the lights shielded

motion was unanimously by the Board (5-0) (Ed Note Condition 10 was the CO has already been obtained) Commissioners Bryant and pm

~====~ - (1 B) 141205SU) - The Board a petition by David and Lorraine (ownersapplicants) 12850 East

25 Ocklawaha FL for a Special Articles 1 2 and 4 of the Marion County Land Development Code for a day and events in an R-3 zone on

acres of Parcel Account and 49093-000-00 WRITTEN OPPOSITION WITHIN 300 2 of 14 14

PLANNING amp ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Ms Shields-Mang disagree with staffs findings

recommendation and recommend on the following findings

1 Will adversely affect the public Is not consistent with the Marion Plan

not compatible with the surrounding motion passed 4 to O

Book T Page 1

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

1 Book T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

December 16 2014

and the PampZ 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 The Yoga facility north of 314 shall be limited to a maximum of sixty (60) total beds The southern site (PID 11554-007-01) shall contain a maximum of two residences

3 OSTDS will be designed to provide the maximum protection to the waterbody This may include but not be limited to abatement and reconfiguration of existing drainfields and shall require all additional drainfields to be less than 5000 galday and located off site and south of Hwy 314

4 Should central sewer become available the facility will be required to connect within one year

5 Ingressegress to the southern site shall be via NE 239th Ct and NE 238th

Terr respectively 6 Consideration for pedestrian traffic will be required and shall be coordinated

with Marion County Office of the County Engineer 7 The proposed dormitory facility shall maintain a similar residential

fa9adecharacter as the existing single-family residence Any expansion of the structure andor increase in the number of residents will require for the ownerapplicant to submit a new Special Use Permit application for review and consideration

8 Proposed improvements shown on the Site B (South Site) concept plan is a combination of residence office and storage The overall number of residences on Site B shall not exceed two units

9 The Special Use Permit shall run with the owner (Amrit Yoga Foundation) and not with the property

10 The Special Use Permit shall expireterminate in the event there is any divisionsubdivision of the properties On site A the number of allowable beds shall revert to the original 36 bed maximum

11 The Special Use Permit shall expire on December 16 2024 The applicant may submit a new Special Use Permit application for consideration to renew and extend this permit in the future

(Ed Note The following acronymsabbreviations were used in the above Special Use Permit Conditions PID - Parcel Identification Number OSTDS - Onsite Sewage Treatment and Disposal System gal- gallon Hwy - Highway Ct - Court Terr - Terrace and ft - feet)

Liam Gillen Chief Executive Officer (CEO) Amrit Yoga Foundation Inc NE Highway 314 Salt Springs applicant was present

Chairman McClain opened the floor to public comment Wesley Dubose NE 239th Court Salt Springs voiced his concern with the

southern parcel and mainly what will happen as far as overflow parking area The roads are not maintained by Marion County as property owners maintained the roads He further voiced his concern with the driveway and access to the subject site as well as increased traffic Mr Dubose commented on a barrier between the commercial and residential properties He noted he does not want to limit them from doing what they want with their property but is concerned with traffic flow and how that will impact the residential area

Page 1250 Book T

December 16 2014

Ms Dinkins addressed buffering to the adjacent residential areas noting the site plan has been revised She stated the property will be accessed one way from NE 239th

Court Chairman McClain clarified that the property will be accessed from Highway 314 to NE 239th Court Ms Dinkins advised that staff asked for a wall along Highway 314 and a 15 foot vegetative buffer on the adjacent (residential sides)

Aneash Tiwari Planning and Engineering Resources project engineers East Silver Springs Boulevard advised that the site plan has been modified noting employee parking is proposed off NE 239th Court She stated there will be no access to the south side from CR 314 as the property will be accessed from NE 239th Court and exited from NE 238 th Terrace The overflow parking is intended for visitors attending programs

Ms Tiwari clarified that the building on the north side will not have 60 occupants as there are 2 buildings that will distribute the occupants In response to Chairman McClain Ms Tiwari stated the 60 occupants will be spread among the 3 buildings

Chairman McClain inquired if the apron from CR 314 will be paved Mr Bouyounes advised that with the conceptual plan shows that all Code requirements must be met He stated the apron will be paved and the dirt road will be paved all the way down to their driveway Chairman McClain noted traffic will come out the west side onto NE 238 th

Terrace and back to CR 314 from that point Ms Tiwari concurred Chairman McClain stated an apron will be required from both sides Mr Bouyounes concurred

Mr Dubose voiced his opposition to access off NE 239th Court and inquired as to why the commercial property will not have an individual driveway from Highway 314 He further questioned why the barrier is on Highway 314 which is a County Road noting it is more appropriate to have on both sides where the residential traffic is to access residences Chairman McClain stated from the Countys perspective NE 239th Court is the most logical street rather than trying to make the applicant bring something onto their own property and from a transportation perspective is where they should enter and exit

In response to Chairman McClain Ms Tiwari stated they will have to see if there is enough of a landscape buffer noting they will be working witl1 DRC regarding a wall Chairman McClain advised that the BCC is being told that a concrete wall will be installed along CR 314 Ms Dinkins stated that was what was proposed Chairman McClain noted a landscape buffer will be along the entire residential portion Ms Dinkins stated the proposal is to buffer the entire property which is what staff will support

Commissioner Bryant inquired as to the 15 foot buffer Ms Dinkins advised that the 15 foot buffer will be a Type B Buffer Commissioner Zalak asked if it will not be simpler to require the entire site have a non-visual buffer especially for the residential side Ms Dinkins stated staff can call it an opaque buffer but clarified that if it is allowed to be vegetative that it be included in the Special Use Permit Conditions Commissioner Zalak stated the buffer can be vegetative fence concrete wall or whatever so long as the neighbors cannot see what is occurring on the subject site Mr Gillen noted he is agreeable Chairman McClain noted it will be made a part of the motion later on in the meeting

Chairman McClain advised that the public comment portion is now closed Commissioner Zalak stated the only place where one will see onto this property is

at the access points A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 14-R-691 granting the Special Use Permit with Conditions 1 through 11 as amended (see below) based on Growth Services Department staff and the PampZ Commission findings and recommendations that the proposed use is compatible with

Book T Page 1251

December 162014

surrounding land uses is consistent with Comprehensive Plan and will not adversely affect the public interest

CONDITION NO dormitory facility on Site A and residencestorage building shall maintain a similar residential facadecharacter as the residence CONDITION NO8 improvements shown on the Site B concept plan are a combination of and The total number of residences on Site B shall not ex(~ee~a CONDITION NO provided on Site B adjacent to the residential area on CONDITION NO1 shall run with the owner (Amrit Yoga Foundation) CONDITION shall expireterminate in the event

On site A the nu mber of maximum consistent with the

Environmentally designation of the property which limits the number of acre within 1000 ft a waterbody (Comprehensive CONDITION NO 12 Use Permit shall expire on December 1 The applicant a new Use Permit application to renew and this permit in the future (Ed Note In made Condition NO9 was added and

Nos 9 through 11 were as 10 through 12) The motion was unanimously approved by the Board (5-0) It was noted for that Deputy Clerk is in receipt of a letter of

dated December 2014

(14B) - 3 - (PampZ Commission 141205SU) - Mr Martsolf advised that the applicants and Lorraine Owen) have requested that for a day spa and continued He inquired as to whether the Board wants to grant or deny the

Commissioner he has no problem with a continuance but noted if people are ress the matter they should be heard Chairman McClain advised that the was to take public comment today before continuing the present wishing to speak In response to Mr

will be addressed in the order of the Agenda

(14B) - 1 - (PampZ Commission 141211SU) shy(owner) Merv Meeks (applicant) 31

Avenue Articles 1 2 and 4 of the Marion County Land Development a renewal to park 2 commercial vehicles g than 10000 pounds zone on approximately 045 acre of Parcel Account No 2473-001-001

OPPOSITION WITHIN 300 FEET 2 = COMMISSION RECOMMENDATION Motion was

seconded by Mr Bailey to agree with and recommend approval based on the following

Page 1 Book T

December 16 2014

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 O Planner Natalia Cox noted the applicant originally received a Special Use Permit

in October of 2011 which expired in October of this year The property is located off Jacksonville Road with an intersection at NE 32nd Place She advised that both Growth Services Department staff and the PampZ 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 The Special Use Permit is limited to a maximum of two (2) commercial vehicles namely a tractor trailer (VIN1 FUPCSZB24LB93716) and a second commercial vehicle to be obtained in the future

3 The ingressegress will be from NE 32nd Place using the existing paved driveway apron

4 The parkingstorage of a refrigerated trailer unit(s) or refer unit(s) is prohibited

5 No mechanical repairsmaintenance on the commercial vehicle shall take place on-site

6 The tractor trailer parking area shall be located in the eastern half of the subject property as shown on the submitted conceptual plan

7 The Special Use Permit shall run with Margaret amp Merv Meeks and not with the property

8 The Special Use Permit shall expire December 162019 The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future

9 Special Use Permit (111004SUResolution No 11-R-418) is hereby repealed and replaced with this Special Use Permit

Commissioner Bryant commended Ms Cox on her performance earlier this morning (choir)

Ms Cox noted that the proposed Special Use Permit was for a period of five (5) years

Commissioner Zalak referred to the Code Enforcement complaint and inquired if no action was taken because there was already an existing Special Use Permit intact Ms Cox stated that was correct noting the complaint was received in April of this year Commissioner Zalak questioned the complaints Ms Cox opined that the complaints was with noise and the number of vehicles She noted other complaints were made with regard to parking of wider trailers but according to the applicant all that ceased since the prior Special Use Permit

In response to Commissioner Zalak Ms Cox stated no hours or days of operation are included in the Special Use Permit Conditions Commissioner Bryant noted 2 letters of opposition are included in the agenda packet

Chairman McClain opened the floor to public comment John Roach NE 32nd Place advised that he lives immediately east of the subject

property He commented on the original Special Use Permit issued to Delmer Meeks in April of 2000 Mr Roach referred to the complaint from April of 2013 was when a commercial vehicle was parked on the property for more than 1 week noting he took a

Book T Page 1253

December 162014

picture which should in packet He noted the truck was not parked on parcel but rather in front of 11 NE 32nd Place Prior to this instance Mr Meeks a black ambulance identical the ones used by the County for EMTs Medical Transports) onto property which was disassembled sanded ground down put back together and had it The ambulance stayed on the property for 6 before it was moved to property immediately adjacent to NE Jacksonville with a 30 foot long trailer (for toting heavy equipment) and an GMC pickup truck In speaking with Growth Services staff Special Use Permit not for the sale of used vehiclestrailers commented on a on property for nearly 2 He his understanding is Use Permit allows the applicant to park a commercial vehicle on for any length of time without consequence Mr voiced his Permit renewal and urged the to deny the request

The the public comment portion was now

Commissioner as to the number of complaints subject property over Mr Martsolf advised the v v was adopted in 11 only complaint received since that 2014 He noted the Use Permit for Delmer Meeks was on and this application and one that was issued in 2011 is for 2 trucks on parcel which a land use and a commercial zoning Meeks Mr Martsolf the only complaint received on this parked however the Code Enforcement Officer did not was an existing Permit

In to Commissioner Bryant Mr Martsolf clarified that Use Permit was for O acre parcel and the 2011 permit and today is for the understood that the Delmer been sold no is currently occurring on that parcel Mr Martsolf 2 letters of opposition which addressed noise and movement of the trucks

Chairman McClain noted the reason for the Special Use Permit is outside storage is not in a zone Mr Martsolf concurred noting only trucks permitted in a is something associated with what is being done on property There

however auto repair can be conducted but not body work noted that no sales should be occurring on property either Mr

is off NE 32nd Place

Commissioner and being good

neighbors Bryant agreed that time limits are Permits to

make sure that it did not become an issue for neighbors the applicant did not show on testimony heard today the Permit is adversely affecting quality of life

A motion was made by Commissioner Bryant by Commissioner Moore to deny Permit based on findings recommendations that the proposed use is not compatible with surrounding land is consistent with the

1 T

14

3

consistent with the Marion County compatible with

the added condition on was tied 2 to 2

relation

Commission

December 1

will adversely affect public interest The motion was (5-0)

ResolutionsZoning - (14B) - 2 - (PampZ Comm 141102SU) a petition by Walter and Linda Tomasik (owners) Chris M Haigh (applicant)

10203 Broadway Street Indianapolis IN for a Special Permit Articles 12 4 of the Marion County Land Development Code to allow parking of 3 commercial equipment trailers for a bobcat front loader bush hog and dump trailer in an zone on approximately 238 acres Account No1 1 (Continued from the

Hearing) WRITTEN OPPOSITION WITHIN 300 F 0 of 14 0

2014 PampZ

ING amp ZONI COMMISSION RECOMMENDATION Motion was by Ms Shields-Mangram seconded by Mr Colen to disagree with staffs findings

recommendation recommend approval with conditions based on following findings of fact 1 Will not adversely the public interest

Plan surrounding land uses

for use Shields-Mangram and Mr Colen voted yes and Mr

no) Marion County Land Code Section -

the Commission action Planning and Zoning

Commission (PampZ) recommendation (c) In the in a tie vote the Commission may deem its of the amendment

and the amendment shall proceed to consideration(s) without a formal recommendation Planning Technician Angello advised that this was first by

the PampZ Commissioner in which time it was until November 24 2014 noted the property land use and an zoning in Lake Ranchettes subdivision Staff recommended denial the intensity of the use in an agricultural and primarily residential area subdivision The reason for continuing the PampZ Commission hearing to November is because of Code Enforcement cases on the property and to allow the applicant to clear up some of those cases property was re-inspected the day before the PampZ Commission hearing and many the cases were cleared It was noted that pictures are included in the Agenda packet applicant also an outstanding Code case in

that was property without The applicant of yesterday) a for a pole barn At Commission

Approval Conditions however Growth staff did recommended any Conditions since they are

recommending denial All Code violation cases have except for the original violation a business use in an agricultural zone It was noted that the PampZ Commission made no recommendation due to a vote and if the Board g the Special Permit following Alternate Approval Conditions are recommended

1 site shall be developed and operated with the submitted conceptual plan and conditions as provided with this approval

Book T Page 1255

1 4

2 The Special is limited to landscaping trucks with trailers and two vehicles for of the land contracting business

a maximum of three

Use of the subject property for a contractors yard is limited Saturday 700am 900pm Existing trees within of the subject west east and south boundary lines shall maintained No site lighting mounted higher than or 30 in height and all lighting shall and shielded prevent directly lighting The a paved driveway apron

reside onsite not with

shall expire on 2017 The applicant may submit a new Use Permit Application for consideration to renew and extend this permit in the future

10 CO on garage for business use (Ed Note The is symbol for feet and CO is the acronym for

) Commissioner commented on a landscape company and bringing material

to the property but saw is wood in to log splitting and inqu if debris and being on the as

to the property from well Ms Angello it

is mostly wood where or whatever is brought that is then cut up into firewood She noted been cleared

the number of log splitters from 2 to 1 and stacked wood along the fence Commissioner Bryant questioned how the complaints came

about Ms Angello stated the cases came from complaints Commissioner Bryant a business is being operated in a residential area Commissioner Zalak noted it is an

area Commissioner 247 pm

Haigh SW Dunnellon applicant was present He the park equipment on the property

Commissioner Moore returned at 248 pm Use Permit

Mr Haigh noted some of the pictures overwhelming surrounded by a large wood He stated the who made the Code is not present today The wood and wood splitting is a hobby and did not occur on property every day but is minimal All of the applicants work is produced outside

property but there are when he has to early in the morning with a of equipment and it may 2 months before it has to hauled back to the property Living on site makes it the applicant to in this manner

Mr Haigh is a family owned and business which from his father and is what knows how to do family He no opposition to the Permit request is minimal

Chairman McClain the floor to public comment Linda Tomasik Indianapolis IN owner of

support for the Special and requested Walter Tomasik Indianapolis IN other owner

came here to help the get this matter

1 Book T

subject property her to approve

subject property htened out He advised

162014

applicant has taken care of property and has done extremely well around the property to keep oeClOle out prevent stealing solid was put up along a portion of the Mr opined that the applicant

Special Use Permit described the where the commercial are parked

that one of the Code cases was in regard to a mobile home which been The second address is

In response to Commissioner Mr Haigh stated the complaint started returned home around midnig from working in Gainesville in Ilis 1 ton dually

truck He advised that did not unload the equipment that night Chairman McClain advised that public comment portion was now vIV)

A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Resolution 14-R-692 granting Special Use Permit with Conditions 1 through 9 based on find and recommendations that the is compatible with surrounding land with the will not adversely affect the public

In response to Chairman McClain Mr he was agreeable with proposed Alternate Approval McClain referred to Condition No 3

to hours of operation advised that the hours to up equipment but did not truck in and out property

McClain concurred noting referred to the contractors yard Chairman McClain referred to Condition NO5 and inquired as to lighting on the

Mr Haigh stated the only lighting is a power pole that was installed by power company at the 17962 address in front Ms Tomasik noted the light has

they owned the property Comm suggested the Condition to show that the existing lighting is okay but no additional lighting exeeo

in height can be added Commissioner Bryant opined that lighting would not count In to Commissioner Zalak Mr Martsolf stated if complaints are would have the lights shielded

motion was unanimously by the Board (5-0) (Ed Note Condition 10 was the CO has already been obtained) Commissioners Bryant and pm

~====~ - (1 B) 141205SU) - The Board a petition by David and Lorraine (ownersapplicants) 12850 East

25 Ocklawaha FL for a Special Articles 1 2 and 4 of the Marion County Land Development Code for a day and events in an R-3 zone on

acres of Parcel Account and 49093-000-00 WRITTEN OPPOSITION WITHIN 300 2 of 14 14

PLANNING amp ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Ms Shields-Mang disagree with staffs findings

recommendation and recommend on the following findings

1 Will adversely affect the public Is not consistent with the Marion Plan

not compatible with the surrounding motion passed 4 to O

Book T Page 1

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

1 Book T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

December 16 2014

Ms Dinkins addressed buffering to the adjacent residential areas noting the site plan has been revised She stated the property will be accessed one way from NE 239th

Court Chairman McClain clarified that the property will be accessed from Highway 314 to NE 239th Court Ms Dinkins advised that staff asked for a wall along Highway 314 and a 15 foot vegetative buffer on the adjacent (residential sides)

Aneash Tiwari Planning and Engineering Resources project engineers East Silver Springs Boulevard advised that the site plan has been modified noting employee parking is proposed off NE 239th Court She stated there will be no access to the south side from CR 314 as the property will be accessed from NE 239th Court and exited from NE 238 th Terrace The overflow parking is intended for visitors attending programs

Ms Tiwari clarified that the building on the north side will not have 60 occupants as there are 2 buildings that will distribute the occupants In response to Chairman McClain Ms Tiwari stated the 60 occupants will be spread among the 3 buildings

Chairman McClain inquired if the apron from CR 314 will be paved Mr Bouyounes advised that with the conceptual plan shows that all Code requirements must be met He stated the apron will be paved and the dirt road will be paved all the way down to their driveway Chairman McClain noted traffic will come out the west side onto NE 238 th

Terrace and back to CR 314 from that point Ms Tiwari concurred Chairman McClain stated an apron will be required from both sides Mr Bouyounes concurred

Mr Dubose voiced his opposition to access off NE 239th Court and inquired as to why the commercial property will not have an individual driveway from Highway 314 He further questioned why the barrier is on Highway 314 which is a County Road noting it is more appropriate to have on both sides where the residential traffic is to access residences Chairman McClain stated from the Countys perspective NE 239th Court is the most logical street rather than trying to make the applicant bring something onto their own property and from a transportation perspective is where they should enter and exit

In response to Chairman McClain Ms Tiwari stated they will have to see if there is enough of a landscape buffer noting they will be working witl1 DRC regarding a wall Chairman McClain advised that the BCC is being told that a concrete wall will be installed along CR 314 Ms Dinkins stated that was what was proposed Chairman McClain noted a landscape buffer will be along the entire residential portion Ms Dinkins stated the proposal is to buffer the entire property which is what staff will support

Commissioner Bryant inquired as to the 15 foot buffer Ms Dinkins advised that the 15 foot buffer will be a Type B Buffer Commissioner Zalak asked if it will not be simpler to require the entire site have a non-visual buffer especially for the residential side Ms Dinkins stated staff can call it an opaque buffer but clarified that if it is allowed to be vegetative that it be included in the Special Use Permit Conditions Commissioner Zalak stated the buffer can be vegetative fence concrete wall or whatever so long as the neighbors cannot see what is occurring on the subject site Mr Gillen noted he is agreeable Chairman McClain noted it will be made a part of the motion later on in the meeting

Chairman McClain advised that the public comment portion is now closed Commissioner Zalak stated the only place where one will see onto this property is

at the access points A motion was made by Commissioner Zalak seconded by Commissioner Moore

to adopt Resolution 14-R-691 granting the Special Use Permit with Conditions 1 through 11 as amended (see below) based on Growth Services Department staff and the PampZ Commission findings and recommendations that the proposed use is compatible with

Book T Page 1251

December 162014

surrounding land uses is consistent with Comprehensive Plan and will not adversely affect the public interest

CONDITION NO dormitory facility on Site A and residencestorage building shall maintain a similar residential facadecharacter as the residence CONDITION NO8 improvements shown on the Site B concept plan are a combination of and The total number of residences on Site B shall not ex(~ee~a CONDITION NO provided on Site B adjacent to the residential area on CONDITION NO1 shall run with the owner (Amrit Yoga Foundation) CONDITION shall expireterminate in the event

On site A the nu mber of maximum consistent with the

Environmentally designation of the property which limits the number of acre within 1000 ft a waterbody (Comprehensive CONDITION NO 12 Use Permit shall expire on December 1 The applicant a new Use Permit application to renew and this permit in the future (Ed Note In made Condition NO9 was added and

Nos 9 through 11 were as 10 through 12) The motion was unanimously approved by the Board (5-0) It was noted for that Deputy Clerk is in receipt of a letter of

dated December 2014

(14B) - 3 - (PampZ Commission 141205SU) - Mr Martsolf advised that the applicants and Lorraine Owen) have requested that for a day spa and continued He inquired as to whether the Board wants to grant or deny the

Commissioner he has no problem with a continuance but noted if people are ress the matter they should be heard Chairman McClain advised that the was to take public comment today before continuing the present wishing to speak In response to Mr

will be addressed in the order of the Agenda

(14B) - 1 - (PampZ Commission 141211SU) shy(owner) Merv Meeks (applicant) 31

Avenue Articles 1 2 and 4 of the Marion County Land Development a renewal to park 2 commercial vehicles g than 10000 pounds zone on approximately 045 acre of Parcel Account No 2473-001-001

OPPOSITION WITHIN 300 FEET 2 = COMMISSION RECOMMENDATION Motion was

seconded by Mr Bailey to agree with and recommend approval based on the following

Page 1 Book T

December 16 2014

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 O Planner Natalia Cox noted the applicant originally received a Special Use Permit

in October of 2011 which expired in October of this year The property is located off Jacksonville Road with an intersection at NE 32nd Place She advised that both Growth Services Department staff and the PampZ 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 The Special Use Permit is limited to a maximum of two (2) commercial vehicles namely a tractor trailer (VIN1 FUPCSZB24LB93716) and a second commercial vehicle to be obtained in the future

3 The ingressegress will be from NE 32nd Place using the existing paved driveway apron

4 The parkingstorage of a refrigerated trailer unit(s) or refer unit(s) is prohibited

5 No mechanical repairsmaintenance on the commercial vehicle shall take place on-site

6 The tractor trailer parking area shall be located in the eastern half of the subject property as shown on the submitted conceptual plan

7 The Special Use Permit shall run with Margaret amp Merv Meeks and not with the property

8 The Special Use Permit shall expire December 162019 The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future

9 Special Use Permit (111004SUResolution No 11-R-418) is hereby repealed and replaced with this Special Use Permit

Commissioner Bryant commended Ms Cox on her performance earlier this morning (choir)

Ms Cox noted that the proposed Special Use Permit was for a period of five (5) years

Commissioner Zalak referred to the Code Enforcement complaint and inquired if no action was taken because there was already an existing Special Use Permit intact Ms Cox stated that was correct noting the complaint was received in April of this year Commissioner Zalak questioned the complaints Ms Cox opined that the complaints was with noise and the number of vehicles She noted other complaints were made with regard to parking of wider trailers but according to the applicant all that ceased since the prior Special Use Permit

In response to Commissioner Zalak Ms Cox stated no hours or days of operation are included in the Special Use Permit Conditions Commissioner Bryant noted 2 letters of opposition are included in the agenda packet

Chairman McClain opened the floor to public comment John Roach NE 32nd Place advised that he lives immediately east of the subject

property He commented on the original Special Use Permit issued to Delmer Meeks in April of 2000 Mr Roach referred to the complaint from April of 2013 was when a commercial vehicle was parked on the property for more than 1 week noting he took a

Book T Page 1253

December 162014

picture which should in packet He noted the truck was not parked on parcel but rather in front of 11 NE 32nd Place Prior to this instance Mr Meeks a black ambulance identical the ones used by the County for EMTs Medical Transports) onto property which was disassembled sanded ground down put back together and had it The ambulance stayed on the property for 6 before it was moved to property immediately adjacent to NE Jacksonville with a 30 foot long trailer (for toting heavy equipment) and an GMC pickup truck In speaking with Growth Services staff Special Use Permit not for the sale of used vehiclestrailers commented on a on property for nearly 2 He his understanding is Use Permit allows the applicant to park a commercial vehicle on for any length of time without consequence Mr voiced his Permit renewal and urged the to deny the request

The the public comment portion was now

Commissioner as to the number of complaints subject property over Mr Martsolf advised the v v was adopted in 11 only complaint received since that 2014 He noted the Use Permit for Delmer Meeks was on and this application and one that was issued in 2011 is for 2 trucks on parcel which a land use and a commercial zoning Meeks Mr Martsolf the only complaint received on this parked however the Code Enforcement Officer did not was an existing Permit

In to Commissioner Bryant Mr Martsolf clarified that Use Permit was for O acre parcel and the 2011 permit and today is for the understood that the Delmer been sold no is currently occurring on that parcel Mr Martsolf 2 letters of opposition which addressed noise and movement of the trucks

Chairman McClain noted the reason for the Special Use Permit is outside storage is not in a zone Mr Martsolf concurred noting only trucks permitted in a is something associated with what is being done on property There

however auto repair can be conducted but not body work noted that no sales should be occurring on property either Mr

is off NE 32nd Place

Commissioner and being good

neighbors Bryant agreed that time limits are Permits to

make sure that it did not become an issue for neighbors the applicant did not show on testimony heard today the Permit is adversely affecting quality of life

A motion was made by Commissioner Bryant by Commissioner Moore to deny Permit based on findings recommendations that the proposed use is not compatible with surrounding land is consistent with the

1 T

14

3

consistent with the Marion County compatible with

the added condition on was tied 2 to 2

relation

Commission

December 1

will adversely affect public interest The motion was (5-0)

ResolutionsZoning - (14B) - 2 - (PampZ Comm 141102SU) a petition by Walter and Linda Tomasik (owners) Chris M Haigh (applicant)

10203 Broadway Street Indianapolis IN for a Special Permit Articles 12 4 of the Marion County Land Development Code to allow parking of 3 commercial equipment trailers for a bobcat front loader bush hog and dump trailer in an zone on approximately 238 acres Account No1 1 (Continued from the

Hearing) WRITTEN OPPOSITION WITHIN 300 F 0 of 14 0

2014 PampZ

ING amp ZONI COMMISSION RECOMMENDATION Motion was by Ms Shields-Mangram seconded by Mr Colen to disagree with staffs findings

recommendation recommend approval with conditions based on following findings of fact 1 Will not adversely the public interest

Plan surrounding land uses

for use Shields-Mangram and Mr Colen voted yes and Mr

no) Marion County Land Code Section -

the Commission action Planning and Zoning

Commission (PampZ) recommendation (c) In the in a tie vote the Commission may deem its of the amendment

and the amendment shall proceed to consideration(s) without a formal recommendation Planning Technician Angello advised that this was first by

the PampZ Commissioner in which time it was until November 24 2014 noted the property land use and an zoning in Lake Ranchettes subdivision Staff recommended denial the intensity of the use in an agricultural and primarily residential area subdivision The reason for continuing the PampZ Commission hearing to November is because of Code Enforcement cases on the property and to allow the applicant to clear up some of those cases property was re-inspected the day before the PampZ Commission hearing and many the cases were cleared It was noted that pictures are included in the Agenda packet applicant also an outstanding Code case in

that was property without The applicant of yesterday) a for a pole barn At Commission

Approval Conditions however Growth staff did recommended any Conditions since they are

recommending denial All Code violation cases have except for the original violation a business use in an agricultural zone It was noted that the PampZ Commission made no recommendation due to a vote and if the Board g the Special Permit following Alternate Approval Conditions are recommended

1 site shall be developed and operated with the submitted conceptual plan and conditions as provided with this approval

Book T Page 1255

1 4

2 The Special is limited to landscaping trucks with trailers and two vehicles for of the land contracting business

a maximum of three

Use of the subject property for a contractors yard is limited Saturday 700am 900pm Existing trees within of the subject west east and south boundary lines shall maintained No site lighting mounted higher than or 30 in height and all lighting shall and shielded prevent directly lighting The a paved driveway apron

reside onsite not with

shall expire on 2017 The applicant may submit a new Use Permit Application for consideration to renew and extend this permit in the future

10 CO on garage for business use (Ed Note The is symbol for feet and CO is the acronym for

) Commissioner commented on a landscape company and bringing material

to the property but saw is wood in to log splitting and inqu if debris and being on the as

to the property from well Ms Angello it

is mostly wood where or whatever is brought that is then cut up into firewood She noted been cleared

the number of log splitters from 2 to 1 and stacked wood along the fence Commissioner Bryant questioned how the complaints came

about Ms Angello stated the cases came from complaints Commissioner Bryant a business is being operated in a residential area Commissioner Zalak noted it is an

area Commissioner 247 pm

Haigh SW Dunnellon applicant was present He the park equipment on the property

Commissioner Moore returned at 248 pm Use Permit

Mr Haigh noted some of the pictures overwhelming surrounded by a large wood He stated the who made the Code is not present today The wood and wood splitting is a hobby and did not occur on property every day but is minimal All of the applicants work is produced outside

property but there are when he has to early in the morning with a of equipment and it may 2 months before it has to hauled back to the property Living on site makes it the applicant to in this manner

Mr Haigh is a family owned and business which from his father and is what knows how to do family He no opposition to the Permit request is minimal

Chairman McClain the floor to public comment Linda Tomasik Indianapolis IN owner of

support for the Special and requested Walter Tomasik Indianapolis IN other owner

came here to help the get this matter

1 Book T

subject property her to approve

subject property htened out He advised

162014

applicant has taken care of property and has done extremely well around the property to keep oeClOle out prevent stealing solid was put up along a portion of the Mr opined that the applicant

Special Use Permit described the where the commercial are parked

that one of the Code cases was in regard to a mobile home which been The second address is

In response to Commissioner Mr Haigh stated the complaint started returned home around midnig from working in Gainesville in Ilis 1 ton dually

truck He advised that did not unload the equipment that night Chairman McClain advised that public comment portion was now vIV)

A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Resolution 14-R-692 granting Special Use Permit with Conditions 1 through 9 based on find and recommendations that the is compatible with surrounding land with the will not adversely affect the public

In response to Chairman McClain Mr he was agreeable with proposed Alternate Approval McClain referred to Condition No 3

to hours of operation advised that the hours to up equipment but did not truck in and out property

McClain concurred noting referred to the contractors yard Chairman McClain referred to Condition NO5 and inquired as to lighting on the

Mr Haigh stated the only lighting is a power pole that was installed by power company at the 17962 address in front Ms Tomasik noted the light has

they owned the property Comm suggested the Condition to show that the existing lighting is okay but no additional lighting exeeo

in height can be added Commissioner Bryant opined that lighting would not count In to Commissioner Zalak Mr Martsolf stated if complaints are would have the lights shielded

motion was unanimously by the Board (5-0) (Ed Note Condition 10 was the CO has already been obtained) Commissioners Bryant and pm

~====~ - (1 B) 141205SU) - The Board a petition by David and Lorraine (ownersapplicants) 12850 East

25 Ocklawaha FL for a Special Articles 1 2 and 4 of the Marion County Land Development Code for a day and events in an R-3 zone on

acres of Parcel Account and 49093-000-00 WRITTEN OPPOSITION WITHIN 300 2 of 14 14

PLANNING amp ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Ms Shields-Mang disagree with staffs findings

recommendation and recommend on the following findings

1 Will adversely affect the public Is not consistent with the Marion Plan

not compatible with the surrounding motion passed 4 to O

Book T Page 1

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

1 Book T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

December 162014

surrounding land uses is consistent with Comprehensive Plan and will not adversely affect the public interest

CONDITION NO dormitory facility on Site A and residencestorage building shall maintain a similar residential facadecharacter as the residence CONDITION NO8 improvements shown on the Site B concept plan are a combination of and The total number of residences on Site B shall not ex(~ee~a CONDITION NO provided on Site B adjacent to the residential area on CONDITION NO1 shall run with the owner (Amrit Yoga Foundation) CONDITION shall expireterminate in the event

On site A the nu mber of maximum consistent with the

Environmentally designation of the property which limits the number of acre within 1000 ft a waterbody (Comprehensive CONDITION NO 12 Use Permit shall expire on December 1 The applicant a new Use Permit application to renew and this permit in the future (Ed Note In made Condition NO9 was added and

Nos 9 through 11 were as 10 through 12) The motion was unanimously approved by the Board (5-0) It was noted for that Deputy Clerk is in receipt of a letter of

dated December 2014

(14B) - 3 - (PampZ Commission 141205SU) - Mr Martsolf advised that the applicants and Lorraine Owen) have requested that for a day spa and continued He inquired as to whether the Board wants to grant or deny the

Commissioner he has no problem with a continuance but noted if people are ress the matter they should be heard Chairman McClain advised that the was to take public comment today before continuing the present wishing to speak In response to Mr

will be addressed in the order of the Agenda

(14B) - 1 - (PampZ Commission 141211SU) shy(owner) Merv Meeks (applicant) 31

Avenue Articles 1 2 and 4 of the Marion County Land Development a renewal to park 2 commercial vehicles g than 10000 pounds zone on approximately 045 acre of Parcel Account No 2473-001-001

OPPOSITION WITHIN 300 FEET 2 = COMMISSION RECOMMENDATION Motion was

seconded by Mr Bailey to agree with and recommend approval based on the following

Page 1 Book T

December 16 2014

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 O Planner Natalia Cox noted the applicant originally received a Special Use Permit

in October of 2011 which expired in October of this year The property is located off Jacksonville Road with an intersection at NE 32nd Place She advised that both Growth Services Department staff and the PampZ 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 The Special Use Permit is limited to a maximum of two (2) commercial vehicles namely a tractor trailer (VIN1 FUPCSZB24LB93716) and a second commercial vehicle to be obtained in the future

3 The ingressegress will be from NE 32nd Place using the existing paved driveway apron

4 The parkingstorage of a refrigerated trailer unit(s) or refer unit(s) is prohibited

5 No mechanical repairsmaintenance on the commercial vehicle shall take place on-site

6 The tractor trailer parking area shall be located in the eastern half of the subject property as shown on the submitted conceptual plan

7 The Special Use Permit shall run with Margaret amp Merv Meeks and not with the property

8 The Special Use Permit shall expire December 162019 The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future

9 Special Use Permit (111004SUResolution No 11-R-418) is hereby repealed and replaced with this Special Use Permit

Commissioner Bryant commended Ms Cox on her performance earlier this morning (choir)

Ms Cox noted that the proposed Special Use Permit was for a period of five (5) years

Commissioner Zalak referred to the Code Enforcement complaint and inquired if no action was taken because there was already an existing Special Use Permit intact Ms Cox stated that was correct noting the complaint was received in April of this year Commissioner Zalak questioned the complaints Ms Cox opined that the complaints was with noise and the number of vehicles She noted other complaints were made with regard to parking of wider trailers but according to the applicant all that ceased since the prior Special Use Permit

In response to Commissioner Zalak Ms Cox stated no hours or days of operation are included in the Special Use Permit Conditions Commissioner Bryant noted 2 letters of opposition are included in the agenda packet

Chairman McClain opened the floor to public comment John Roach NE 32nd Place advised that he lives immediately east of the subject

property He commented on the original Special Use Permit issued to Delmer Meeks in April of 2000 Mr Roach referred to the complaint from April of 2013 was when a commercial vehicle was parked on the property for more than 1 week noting he took a

Book T Page 1253

December 162014

picture which should in packet He noted the truck was not parked on parcel but rather in front of 11 NE 32nd Place Prior to this instance Mr Meeks a black ambulance identical the ones used by the County for EMTs Medical Transports) onto property which was disassembled sanded ground down put back together and had it The ambulance stayed on the property for 6 before it was moved to property immediately adjacent to NE Jacksonville with a 30 foot long trailer (for toting heavy equipment) and an GMC pickup truck In speaking with Growth Services staff Special Use Permit not for the sale of used vehiclestrailers commented on a on property for nearly 2 He his understanding is Use Permit allows the applicant to park a commercial vehicle on for any length of time without consequence Mr voiced his Permit renewal and urged the to deny the request

The the public comment portion was now

Commissioner as to the number of complaints subject property over Mr Martsolf advised the v v was adopted in 11 only complaint received since that 2014 He noted the Use Permit for Delmer Meeks was on and this application and one that was issued in 2011 is for 2 trucks on parcel which a land use and a commercial zoning Meeks Mr Martsolf the only complaint received on this parked however the Code Enforcement Officer did not was an existing Permit

In to Commissioner Bryant Mr Martsolf clarified that Use Permit was for O acre parcel and the 2011 permit and today is for the understood that the Delmer been sold no is currently occurring on that parcel Mr Martsolf 2 letters of opposition which addressed noise and movement of the trucks

Chairman McClain noted the reason for the Special Use Permit is outside storage is not in a zone Mr Martsolf concurred noting only trucks permitted in a is something associated with what is being done on property There

however auto repair can be conducted but not body work noted that no sales should be occurring on property either Mr

is off NE 32nd Place

Commissioner and being good

neighbors Bryant agreed that time limits are Permits to

make sure that it did not become an issue for neighbors the applicant did not show on testimony heard today the Permit is adversely affecting quality of life

A motion was made by Commissioner Bryant by Commissioner Moore to deny Permit based on findings recommendations that the proposed use is not compatible with surrounding land is consistent with the

1 T

14

3

consistent with the Marion County compatible with

the added condition on was tied 2 to 2

relation

Commission

December 1

will adversely affect public interest The motion was (5-0)

ResolutionsZoning - (14B) - 2 - (PampZ Comm 141102SU) a petition by Walter and Linda Tomasik (owners) Chris M Haigh (applicant)

10203 Broadway Street Indianapolis IN for a Special Permit Articles 12 4 of the Marion County Land Development Code to allow parking of 3 commercial equipment trailers for a bobcat front loader bush hog and dump trailer in an zone on approximately 238 acres Account No1 1 (Continued from the

Hearing) WRITTEN OPPOSITION WITHIN 300 F 0 of 14 0

2014 PampZ

ING amp ZONI COMMISSION RECOMMENDATION Motion was by Ms Shields-Mangram seconded by Mr Colen to disagree with staffs findings

recommendation recommend approval with conditions based on following findings of fact 1 Will not adversely the public interest

Plan surrounding land uses

for use Shields-Mangram and Mr Colen voted yes and Mr

no) Marion County Land Code Section -

the Commission action Planning and Zoning

Commission (PampZ) recommendation (c) In the in a tie vote the Commission may deem its of the amendment

and the amendment shall proceed to consideration(s) without a formal recommendation Planning Technician Angello advised that this was first by

the PampZ Commissioner in which time it was until November 24 2014 noted the property land use and an zoning in Lake Ranchettes subdivision Staff recommended denial the intensity of the use in an agricultural and primarily residential area subdivision The reason for continuing the PampZ Commission hearing to November is because of Code Enforcement cases on the property and to allow the applicant to clear up some of those cases property was re-inspected the day before the PampZ Commission hearing and many the cases were cleared It was noted that pictures are included in the Agenda packet applicant also an outstanding Code case in

that was property without The applicant of yesterday) a for a pole barn At Commission

Approval Conditions however Growth staff did recommended any Conditions since they are

recommending denial All Code violation cases have except for the original violation a business use in an agricultural zone It was noted that the PampZ Commission made no recommendation due to a vote and if the Board g the Special Permit following Alternate Approval Conditions are recommended

1 site shall be developed and operated with the submitted conceptual plan and conditions as provided with this approval

Book T Page 1255

1 4

2 The Special is limited to landscaping trucks with trailers and two vehicles for of the land contracting business

a maximum of three

Use of the subject property for a contractors yard is limited Saturday 700am 900pm Existing trees within of the subject west east and south boundary lines shall maintained No site lighting mounted higher than or 30 in height and all lighting shall and shielded prevent directly lighting The a paved driveway apron

reside onsite not with

shall expire on 2017 The applicant may submit a new Use Permit Application for consideration to renew and extend this permit in the future

10 CO on garage for business use (Ed Note The is symbol for feet and CO is the acronym for

) Commissioner commented on a landscape company and bringing material

to the property but saw is wood in to log splitting and inqu if debris and being on the as

to the property from well Ms Angello it

is mostly wood where or whatever is brought that is then cut up into firewood She noted been cleared

the number of log splitters from 2 to 1 and stacked wood along the fence Commissioner Bryant questioned how the complaints came

about Ms Angello stated the cases came from complaints Commissioner Bryant a business is being operated in a residential area Commissioner Zalak noted it is an

area Commissioner 247 pm

Haigh SW Dunnellon applicant was present He the park equipment on the property

Commissioner Moore returned at 248 pm Use Permit

Mr Haigh noted some of the pictures overwhelming surrounded by a large wood He stated the who made the Code is not present today The wood and wood splitting is a hobby and did not occur on property every day but is minimal All of the applicants work is produced outside

property but there are when he has to early in the morning with a of equipment and it may 2 months before it has to hauled back to the property Living on site makes it the applicant to in this manner

Mr Haigh is a family owned and business which from his father and is what knows how to do family He no opposition to the Permit request is minimal

Chairman McClain the floor to public comment Linda Tomasik Indianapolis IN owner of

support for the Special and requested Walter Tomasik Indianapolis IN other owner

came here to help the get this matter

1 Book T

subject property her to approve

subject property htened out He advised

162014

applicant has taken care of property and has done extremely well around the property to keep oeClOle out prevent stealing solid was put up along a portion of the Mr opined that the applicant

Special Use Permit described the where the commercial are parked

that one of the Code cases was in regard to a mobile home which been The second address is

In response to Commissioner Mr Haigh stated the complaint started returned home around midnig from working in Gainesville in Ilis 1 ton dually

truck He advised that did not unload the equipment that night Chairman McClain advised that public comment portion was now vIV)

A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Resolution 14-R-692 granting Special Use Permit with Conditions 1 through 9 based on find and recommendations that the is compatible with surrounding land with the will not adversely affect the public

In response to Chairman McClain Mr he was agreeable with proposed Alternate Approval McClain referred to Condition No 3

to hours of operation advised that the hours to up equipment but did not truck in and out property

McClain concurred noting referred to the contractors yard Chairman McClain referred to Condition NO5 and inquired as to lighting on the

Mr Haigh stated the only lighting is a power pole that was installed by power company at the 17962 address in front Ms Tomasik noted the light has

they owned the property Comm suggested the Condition to show that the existing lighting is okay but no additional lighting exeeo

in height can be added Commissioner Bryant opined that lighting would not count In to Commissioner Zalak Mr Martsolf stated if complaints are would have the lights shielded

motion was unanimously by the Board (5-0) (Ed Note Condition 10 was the CO has already been obtained) Commissioners Bryant and pm

~====~ - (1 B) 141205SU) - The Board a petition by David and Lorraine (ownersapplicants) 12850 East

25 Ocklawaha FL for a Special Articles 1 2 and 4 of the Marion County Land Development Code for a day and events in an R-3 zone on

acres of Parcel Account and 49093-000-00 WRITTEN OPPOSITION WITHIN 300 2 of 14 14

PLANNING amp ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Ms Shields-Mang disagree with staffs findings

recommendation and recommend on the following findings

1 Will adversely affect the public Is not consistent with the Marion Plan

not compatible with the surrounding motion passed 4 to O

Book T Page 1

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

1 Book T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

December 16 2014

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 O Planner Natalia Cox noted the applicant originally received a Special Use Permit

in October of 2011 which expired in October of this year The property is located off Jacksonville Road with an intersection at NE 32nd Place She advised that both Growth Services Department staff and the PampZ 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 The Special Use Permit is limited to a maximum of two (2) commercial vehicles namely a tractor trailer (VIN1 FUPCSZB24LB93716) and a second commercial vehicle to be obtained in the future

3 The ingressegress will be from NE 32nd Place using the existing paved driveway apron

4 The parkingstorage of a refrigerated trailer unit(s) or refer unit(s) is prohibited

5 No mechanical repairsmaintenance on the commercial vehicle shall take place on-site

6 The tractor trailer parking area shall be located in the eastern half of the subject property as shown on the submitted conceptual plan

7 The Special Use Permit shall run with Margaret amp Merv Meeks and not with the property

8 The Special Use Permit shall expire December 162019 The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future

9 Special Use Permit (111004SUResolution No 11-R-418) is hereby repealed and replaced with this Special Use Permit

Commissioner Bryant commended Ms Cox on her performance earlier this morning (choir)

Ms Cox noted that the proposed Special Use Permit was for a period of five (5) years

Commissioner Zalak referred to the Code Enforcement complaint and inquired if no action was taken because there was already an existing Special Use Permit intact Ms Cox stated that was correct noting the complaint was received in April of this year Commissioner Zalak questioned the complaints Ms Cox opined that the complaints was with noise and the number of vehicles She noted other complaints were made with regard to parking of wider trailers but according to the applicant all that ceased since the prior Special Use Permit

In response to Commissioner Zalak Ms Cox stated no hours or days of operation are included in the Special Use Permit Conditions Commissioner Bryant noted 2 letters of opposition are included in the agenda packet

Chairman McClain opened the floor to public comment John Roach NE 32nd Place advised that he lives immediately east of the subject

property He commented on the original Special Use Permit issued to Delmer Meeks in April of 2000 Mr Roach referred to the complaint from April of 2013 was when a commercial vehicle was parked on the property for more than 1 week noting he took a

Book T Page 1253

December 162014

picture which should in packet He noted the truck was not parked on parcel but rather in front of 11 NE 32nd Place Prior to this instance Mr Meeks a black ambulance identical the ones used by the County for EMTs Medical Transports) onto property which was disassembled sanded ground down put back together and had it The ambulance stayed on the property for 6 before it was moved to property immediately adjacent to NE Jacksonville with a 30 foot long trailer (for toting heavy equipment) and an GMC pickup truck In speaking with Growth Services staff Special Use Permit not for the sale of used vehiclestrailers commented on a on property for nearly 2 He his understanding is Use Permit allows the applicant to park a commercial vehicle on for any length of time without consequence Mr voiced his Permit renewal and urged the to deny the request

The the public comment portion was now

Commissioner as to the number of complaints subject property over Mr Martsolf advised the v v was adopted in 11 only complaint received since that 2014 He noted the Use Permit for Delmer Meeks was on and this application and one that was issued in 2011 is for 2 trucks on parcel which a land use and a commercial zoning Meeks Mr Martsolf the only complaint received on this parked however the Code Enforcement Officer did not was an existing Permit

In to Commissioner Bryant Mr Martsolf clarified that Use Permit was for O acre parcel and the 2011 permit and today is for the understood that the Delmer been sold no is currently occurring on that parcel Mr Martsolf 2 letters of opposition which addressed noise and movement of the trucks

Chairman McClain noted the reason for the Special Use Permit is outside storage is not in a zone Mr Martsolf concurred noting only trucks permitted in a is something associated with what is being done on property There

however auto repair can be conducted but not body work noted that no sales should be occurring on property either Mr

is off NE 32nd Place

Commissioner and being good

neighbors Bryant agreed that time limits are Permits to

make sure that it did not become an issue for neighbors the applicant did not show on testimony heard today the Permit is adversely affecting quality of life

A motion was made by Commissioner Bryant by Commissioner Moore to deny Permit based on findings recommendations that the proposed use is not compatible with surrounding land is consistent with the

1 T

14

3

consistent with the Marion County compatible with

the added condition on was tied 2 to 2

relation

Commission

December 1

will adversely affect public interest The motion was (5-0)

ResolutionsZoning - (14B) - 2 - (PampZ Comm 141102SU) a petition by Walter and Linda Tomasik (owners) Chris M Haigh (applicant)

10203 Broadway Street Indianapolis IN for a Special Permit Articles 12 4 of the Marion County Land Development Code to allow parking of 3 commercial equipment trailers for a bobcat front loader bush hog and dump trailer in an zone on approximately 238 acres Account No1 1 (Continued from the

Hearing) WRITTEN OPPOSITION WITHIN 300 F 0 of 14 0

2014 PampZ

ING amp ZONI COMMISSION RECOMMENDATION Motion was by Ms Shields-Mangram seconded by Mr Colen to disagree with staffs findings

recommendation recommend approval with conditions based on following findings of fact 1 Will not adversely the public interest

Plan surrounding land uses

for use Shields-Mangram and Mr Colen voted yes and Mr

no) Marion County Land Code Section -

the Commission action Planning and Zoning

Commission (PampZ) recommendation (c) In the in a tie vote the Commission may deem its of the amendment

and the amendment shall proceed to consideration(s) without a formal recommendation Planning Technician Angello advised that this was first by

the PampZ Commissioner in which time it was until November 24 2014 noted the property land use and an zoning in Lake Ranchettes subdivision Staff recommended denial the intensity of the use in an agricultural and primarily residential area subdivision The reason for continuing the PampZ Commission hearing to November is because of Code Enforcement cases on the property and to allow the applicant to clear up some of those cases property was re-inspected the day before the PampZ Commission hearing and many the cases were cleared It was noted that pictures are included in the Agenda packet applicant also an outstanding Code case in

that was property without The applicant of yesterday) a for a pole barn At Commission

Approval Conditions however Growth staff did recommended any Conditions since they are

recommending denial All Code violation cases have except for the original violation a business use in an agricultural zone It was noted that the PampZ Commission made no recommendation due to a vote and if the Board g the Special Permit following Alternate Approval Conditions are recommended

1 site shall be developed and operated with the submitted conceptual plan and conditions as provided with this approval

Book T Page 1255

1 4

2 The Special is limited to landscaping trucks with trailers and two vehicles for of the land contracting business

a maximum of three

Use of the subject property for a contractors yard is limited Saturday 700am 900pm Existing trees within of the subject west east and south boundary lines shall maintained No site lighting mounted higher than or 30 in height and all lighting shall and shielded prevent directly lighting The a paved driveway apron

reside onsite not with

shall expire on 2017 The applicant may submit a new Use Permit Application for consideration to renew and extend this permit in the future

10 CO on garage for business use (Ed Note The is symbol for feet and CO is the acronym for

) Commissioner commented on a landscape company and bringing material

to the property but saw is wood in to log splitting and inqu if debris and being on the as

to the property from well Ms Angello it

is mostly wood where or whatever is brought that is then cut up into firewood She noted been cleared

the number of log splitters from 2 to 1 and stacked wood along the fence Commissioner Bryant questioned how the complaints came

about Ms Angello stated the cases came from complaints Commissioner Bryant a business is being operated in a residential area Commissioner Zalak noted it is an

area Commissioner 247 pm

Haigh SW Dunnellon applicant was present He the park equipment on the property

Commissioner Moore returned at 248 pm Use Permit

Mr Haigh noted some of the pictures overwhelming surrounded by a large wood He stated the who made the Code is not present today The wood and wood splitting is a hobby and did not occur on property every day but is minimal All of the applicants work is produced outside

property but there are when he has to early in the morning with a of equipment and it may 2 months before it has to hauled back to the property Living on site makes it the applicant to in this manner

Mr Haigh is a family owned and business which from his father and is what knows how to do family He no opposition to the Permit request is minimal

Chairman McClain the floor to public comment Linda Tomasik Indianapolis IN owner of

support for the Special and requested Walter Tomasik Indianapolis IN other owner

came here to help the get this matter

1 Book T

subject property her to approve

subject property htened out He advised

162014

applicant has taken care of property and has done extremely well around the property to keep oeClOle out prevent stealing solid was put up along a portion of the Mr opined that the applicant

Special Use Permit described the where the commercial are parked

that one of the Code cases was in regard to a mobile home which been The second address is

In response to Commissioner Mr Haigh stated the complaint started returned home around midnig from working in Gainesville in Ilis 1 ton dually

truck He advised that did not unload the equipment that night Chairman McClain advised that public comment portion was now vIV)

A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Resolution 14-R-692 granting Special Use Permit with Conditions 1 through 9 based on find and recommendations that the is compatible with surrounding land with the will not adversely affect the public

In response to Chairman McClain Mr he was agreeable with proposed Alternate Approval McClain referred to Condition No 3

to hours of operation advised that the hours to up equipment but did not truck in and out property

McClain concurred noting referred to the contractors yard Chairman McClain referred to Condition NO5 and inquired as to lighting on the

Mr Haigh stated the only lighting is a power pole that was installed by power company at the 17962 address in front Ms Tomasik noted the light has

they owned the property Comm suggested the Condition to show that the existing lighting is okay but no additional lighting exeeo

in height can be added Commissioner Bryant opined that lighting would not count In to Commissioner Zalak Mr Martsolf stated if complaints are would have the lights shielded

motion was unanimously by the Board (5-0) (Ed Note Condition 10 was the CO has already been obtained) Commissioners Bryant and pm

~====~ - (1 B) 141205SU) - The Board a petition by David and Lorraine (ownersapplicants) 12850 East

25 Ocklawaha FL for a Special Articles 1 2 and 4 of the Marion County Land Development Code for a day and events in an R-3 zone on

acres of Parcel Account and 49093-000-00 WRITTEN OPPOSITION WITHIN 300 2 of 14 14

PLANNING amp ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Ms Shields-Mang disagree with staffs findings

recommendation and recommend on the following findings

1 Will adversely affect the public Is not consistent with the Marion Plan

not compatible with the surrounding motion passed 4 to O

Book T Page 1

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

1 Book T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

December 162014

picture which should in packet He noted the truck was not parked on parcel but rather in front of 11 NE 32nd Place Prior to this instance Mr Meeks a black ambulance identical the ones used by the County for EMTs Medical Transports) onto property which was disassembled sanded ground down put back together and had it The ambulance stayed on the property for 6 before it was moved to property immediately adjacent to NE Jacksonville with a 30 foot long trailer (for toting heavy equipment) and an GMC pickup truck In speaking with Growth Services staff Special Use Permit not for the sale of used vehiclestrailers commented on a on property for nearly 2 He his understanding is Use Permit allows the applicant to park a commercial vehicle on for any length of time without consequence Mr voiced his Permit renewal and urged the to deny the request

The the public comment portion was now

Commissioner as to the number of complaints subject property over Mr Martsolf advised the v v was adopted in 11 only complaint received since that 2014 He noted the Use Permit for Delmer Meeks was on and this application and one that was issued in 2011 is for 2 trucks on parcel which a land use and a commercial zoning Meeks Mr Martsolf the only complaint received on this parked however the Code Enforcement Officer did not was an existing Permit

In to Commissioner Bryant Mr Martsolf clarified that Use Permit was for O acre parcel and the 2011 permit and today is for the understood that the Delmer been sold no is currently occurring on that parcel Mr Martsolf 2 letters of opposition which addressed noise and movement of the trucks

Chairman McClain noted the reason for the Special Use Permit is outside storage is not in a zone Mr Martsolf concurred noting only trucks permitted in a is something associated with what is being done on property There

however auto repair can be conducted but not body work noted that no sales should be occurring on property either Mr

is off NE 32nd Place

Commissioner and being good

neighbors Bryant agreed that time limits are Permits to

make sure that it did not become an issue for neighbors the applicant did not show on testimony heard today the Permit is adversely affecting quality of life

A motion was made by Commissioner Bryant by Commissioner Moore to deny Permit based on findings recommendations that the proposed use is not compatible with surrounding land is consistent with the

1 T

14

3

consistent with the Marion County compatible with

the added condition on was tied 2 to 2

relation

Commission

December 1

will adversely affect public interest The motion was (5-0)

ResolutionsZoning - (14B) - 2 - (PampZ Comm 141102SU) a petition by Walter and Linda Tomasik (owners) Chris M Haigh (applicant)

10203 Broadway Street Indianapolis IN for a Special Permit Articles 12 4 of the Marion County Land Development Code to allow parking of 3 commercial equipment trailers for a bobcat front loader bush hog and dump trailer in an zone on approximately 238 acres Account No1 1 (Continued from the

Hearing) WRITTEN OPPOSITION WITHIN 300 F 0 of 14 0

2014 PampZ

ING amp ZONI COMMISSION RECOMMENDATION Motion was by Ms Shields-Mangram seconded by Mr Colen to disagree with staffs findings

recommendation recommend approval with conditions based on following findings of fact 1 Will not adversely the public interest

Plan surrounding land uses

for use Shields-Mangram and Mr Colen voted yes and Mr

no) Marion County Land Code Section -

the Commission action Planning and Zoning

Commission (PampZ) recommendation (c) In the in a tie vote the Commission may deem its of the amendment

and the amendment shall proceed to consideration(s) without a formal recommendation Planning Technician Angello advised that this was first by

the PampZ Commissioner in which time it was until November 24 2014 noted the property land use and an zoning in Lake Ranchettes subdivision Staff recommended denial the intensity of the use in an agricultural and primarily residential area subdivision The reason for continuing the PampZ Commission hearing to November is because of Code Enforcement cases on the property and to allow the applicant to clear up some of those cases property was re-inspected the day before the PampZ Commission hearing and many the cases were cleared It was noted that pictures are included in the Agenda packet applicant also an outstanding Code case in

that was property without The applicant of yesterday) a for a pole barn At Commission

Approval Conditions however Growth staff did recommended any Conditions since they are

recommending denial All Code violation cases have except for the original violation a business use in an agricultural zone It was noted that the PampZ Commission made no recommendation due to a vote and if the Board g the Special Permit following Alternate Approval Conditions are recommended

1 site shall be developed and operated with the submitted conceptual plan and conditions as provided with this approval

Book T Page 1255

1 4

2 The Special is limited to landscaping trucks with trailers and two vehicles for of the land contracting business

a maximum of three

Use of the subject property for a contractors yard is limited Saturday 700am 900pm Existing trees within of the subject west east and south boundary lines shall maintained No site lighting mounted higher than or 30 in height and all lighting shall and shielded prevent directly lighting The a paved driveway apron

reside onsite not with

shall expire on 2017 The applicant may submit a new Use Permit Application for consideration to renew and extend this permit in the future

10 CO on garage for business use (Ed Note The is symbol for feet and CO is the acronym for

) Commissioner commented on a landscape company and bringing material

to the property but saw is wood in to log splitting and inqu if debris and being on the as

to the property from well Ms Angello it

is mostly wood where or whatever is brought that is then cut up into firewood She noted been cleared

the number of log splitters from 2 to 1 and stacked wood along the fence Commissioner Bryant questioned how the complaints came

about Ms Angello stated the cases came from complaints Commissioner Bryant a business is being operated in a residential area Commissioner Zalak noted it is an

area Commissioner 247 pm

Haigh SW Dunnellon applicant was present He the park equipment on the property

Commissioner Moore returned at 248 pm Use Permit

Mr Haigh noted some of the pictures overwhelming surrounded by a large wood He stated the who made the Code is not present today The wood and wood splitting is a hobby and did not occur on property every day but is minimal All of the applicants work is produced outside

property but there are when he has to early in the morning with a of equipment and it may 2 months before it has to hauled back to the property Living on site makes it the applicant to in this manner

Mr Haigh is a family owned and business which from his father and is what knows how to do family He no opposition to the Permit request is minimal

Chairman McClain the floor to public comment Linda Tomasik Indianapolis IN owner of

support for the Special and requested Walter Tomasik Indianapolis IN other owner

came here to help the get this matter

1 Book T

subject property her to approve

subject property htened out He advised

162014

applicant has taken care of property and has done extremely well around the property to keep oeClOle out prevent stealing solid was put up along a portion of the Mr opined that the applicant

Special Use Permit described the where the commercial are parked

that one of the Code cases was in regard to a mobile home which been The second address is

In response to Commissioner Mr Haigh stated the complaint started returned home around midnig from working in Gainesville in Ilis 1 ton dually

truck He advised that did not unload the equipment that night Chairman McClain advised that public comment portion was now vIV)

A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Resolution 14-R-692 granting Special Use Permit with Conditions 1 through 9 based on find and recommendations that the is compatible with surrounding land with the will not adversely affect the public

In response to Chairman McClain Mr he was agreeable with proposed Alternate Approval McClain referred to Condition No 3

to hours of operation advised that the hours to up equipment but did not truck in and out property

McClain concurred noting referred to the contractors yard Chairman McClain referred to Condition NO5 and inquired as to lighting on the

Mr Haigh stated the only lighting is a power pole that was installed by power company at the 17962 address in front Ms Tomasik noted the light has

they owned the property Comm suggested the Condition to show that the existing lighting is okay but no additional lighting exeeo

in height can be added Commissioner Bryant opined that lighting would not count In to Commissioner Zalak Mr Martsolf stated if complaints are would have the lights shielded

motion was unanimously by the Board (5-0) (Ed Note Condition 10 was the CO has already been obtained) Commissioners Bryant and pm

~====~ - (1 B) 141205SU) - The Board a petition by David and Lorraine (ownersapplicants) 12850 East

25 Ocklawaha FL for a Special Articles 1 2 and 4 of the Marion County Land Development Code for a day and events in an R-3 zone on

acres of Parcel Account and 49093-000-00 WRITTEN OPPOSITION WITHIN 300 2 of 14 14

PLANNING amp ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Ms Shields-Mang disagree with staffs findings

recommendation and recommend on the following findings

1 Will adversely affect the public Is not consistent with the Marion Plan

not compatible with the surrounding motion passed 4 to O

Book T Page 1

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

1 Book T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

14

3

consistent with the Marion County compatible with

the added condition on was tied 2 to 2

relation

Commission

December 1

will adversely affect public interest The motion was (5-0)

ResolutionsZoning - (14B) - 2 - (PampZ Comm 141102SU) a petition by Walter and Linda Tomasik (owners) Chris M Haigh (applicant)

10203 Broadway Street Indianapolis IN for a Special Permit Articles 12 4 of the Marion County Land Development Code to allow parking of 3 commercial equipment trailers for a bobcat front loader bush hog and dump trailer in an zone on approximately 238 acres Account No1 1 (Continued from the

Hearing) WRITTEN OPPOSITION WITHIN 300 F 0 of 14 0

2014 PampZ

ING amp ZONI COMMISSION RECOMMENDATION Motion was by Ms Shields-Mangram seconded by Mr Colen to disagree with staffs findings

recommendation recommend approval with conditions based on following findings of fact 1 Will not adversely the public interest

Plan surrounding land uses

for use Shields-Mangram and Mr Colen voted yes and Mr

no) Marion County Land Code Section -

the Commission action Planning and Zoning

Commission (PampZ) recommendation (c) In the in a tie vote the Commission may deem its of the amendment

and the amendment shall proceed to consideration(s) without a formal recommendation Planning Technician Angello advised that this was first by

the PampZ Commissioner in which time it was until November 24 2014 noted the property land use and an zoning in Lake Ranchettes subdivision Staff recommended denial the intensity of the use in an agricultural and primarily residential area subdivision The reason for continuing the PampZ Commission hearing to November is because of Code Enforcement cases on the property and to allow the applicant to clear up some of those cases property was re-inspected the day before the PampZ Commission hearing and many the cases were cleared It was noted that pictures are included in the Agenda packet applicant also an outstanding Code case in

that was property without The applicant of yesterday) a for a pole barn At Commission

Approval Conditions however Growth staff did recommended any Conditions since they are

recommending denial All Code violation cases have except for the original violation a business use in an agricultural zone It was noted that the PampZ Commission made no recommendation due to a vote and if the Board g the Special Permit following Alternate Approval Conditions are recommended

1 site shall be developed and operated with the submitted conceptual plan and conditions as provided with this approval

Book T Page 1255

1 4

2 The Special is limited to landscaping trucks with trailers and two vehicles for of the land contracting business

a maximum of three

Use of the subject property for a contractors yard is limited Saturday 700am 900pm Existing trees within of the subject west east and south boundary lines shall maintained No site lighting mounted higher than or 30 in height and all lighting shall and shielded prevent directly lighting The a paved driveway apron

reside onsite not with

shall expire on 2017 The applicant may submit a new Use Permit Application for consideration to renew and extend this permit in the future

10 CO on garage for business use (Ed Note The is symbol for feet and CO is the acronym for

) Commissioner commented on a landscape company and bringing material

to the property but saw is wood in to log splitting and inqu if debris and being on the as

to the property from well Ms Angello it

is mostly wood where or whatever is brought that is then cut up into firewood She noted been cleared

the number of log splitters from 2 to 1 and stacked wood along the fence Commissioner Bryant questioned how the complaints came

about Ms Angello stated the cases came from complaints Commissioner Bryant a business is being operated in a residential area Commissioner Zalak noted it is an

area Commissioner 247 pm

Haigh SW Dunnellon applicant was present He the park equipment on the property

Commissioner Moore returned at 248 pm Use Permit

Mr Haigh noted some of the pictures overwhelming surrounded by a large wood He stated the who made the Code is not present today The wood and wood splitting is a hobby and did not occur on property every day but is minimal All of the applicants work is produced outside

property but there are when he has to early in the morning with a of equipment and it may 2 months before it has to hauled back to the property Living on site makes it the applicant to in this manner

Mr Haigh is a family owned and business which from his father and is what knows how to do family He no opposition to the Permit request is minimal

Chairman McClain the floor to public comment Linda Tomasik Indianapolis IN owner of

support for the Special and requested Walter Tomasik Indianapolis IN other owner

came here to help the get this matter

1 Book T

subject property her to approve

subject property htened out He advised

162014

applicant has taken care of property and has done extremely well around the property to keep oeClOle out prevent stealing solid was put up along a portion of the Mr opined that the applicant

Special Use Permit described the where the commercial are parked

that one of the Code cases was in regard to a mobile home which been The second address is

In response to Commissioner Mr Haigh stated the complaint started returned home around midnig from working in Gainesville in Ilis 1 ton dually

truck He advised that did not unload the equipment that night Chairman McClain advised that public comment portion was now vIV)

A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Resolution 14-R-692 granting Special Use Permit with Conditions 1 through 9 based on find and recommendations that the is compatible with surrounding land with the will not adversely affect the public

In response to Chairman McClain Mr he was agreeable with proposed Alternate Approval McClain referred to Condition No 3

to hours of operation advised that the hours to up equipment but did not truck in and out property

McClain concurred noting referred to the contractors yard Chairman McClain referred to Condition NO5 and inquired as to lighting on the

Mr Haigh stated the only lighting is a power pole that was installed by power company at the 17962 address in front Ms Tomasik noted the light has

they owned the property Comm suggested the Condition to show that the existing lighting is okay but no additional lighting exeeo

in height can be added Commissioner Bryant opined that lighting would not count In to Commissioner Zalak Mr Martsolf stated if complaints are would have the lights shielded

motion was unanimously by the Board (5-0) (Ed Note Condition 10 was the CO has already been obtained) Commissioners Bryant and pm

~====~ - (1 B) 141205SU) - The Board a petition by David and Lorraine (ownersapplicants) 12850 East

25 Ocklawaha FL for a Special Articles 1 2 and 4 of the Marion County Land Development Code for a day and events in an R-3 zone on

acres of Parcel Account and 49093-000-00 WRITTEN OPPOSITION WITHIN 300 2 of 14 14

PLANNING amp ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Ms Shields-Mang disagree with staffs findings

recommendation and recommend on the following findings

1 Will adversely affect the public Is not consistent with the Marion Plan

not compatible with the surrounding motion passed 4 to O

Book T Page 1

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

1 Book T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

1 4

2 The Special is limited to landscaping trucks with trailers and two vehicles for of the land contracting business

a maximum of three

Use of the subject property for a contractors yard is limited Saturday 700am 900pm Existing trees within of the subject west east and south boundary lines shall maintained No site lighting mounted higher than or 30 in height and all lighting shall and shielded prevent directly lighting The a paved driveway apron

reside onsite not with

shall expire on 2017 The applicant may submit a new Use Permit Application for consideration to renew and extend this permit in the future

10 CO on garage for business use (Ed Note The is symbol for feet and CO is the acronym for

) Commissioner commented on a landscape company and bringing material

to the property but saw is wood in to log splitting and inqu if debris and being on the as

to the property from well Ms Angello it

is mostly wood where or whatever is brought that is then cut up into firewood She noted been cleared

the number of log splitters from 2 to 1 and stacked wood along the fence Commissioner Bryant questioned how the complaints came

about Ms Angello stated the cases came from complaints Commissioner Bryant a business is being operated in a residential area Commissioner Zalak noted it is an

area Commissioner 247 pm

Haigh SW Dunnellon applicant was present He the park equipment on the property

Commissioner Moore returned at 248 pm Use Permit

Mr Haigh noted some of the pictures overwhelming surrounded by a large wood He stated the who made the Code is not present today The wood and wood splitting is a hobby and did not occur on property every day but is minimal All of the applicants work is produced outside

property but there are when he has to early in the morning with a of equipment and it may 2 months before it has to hauled back to the property Living on site makes it the applicant to in this manner

Mr Haigh is a family owned and business which from his father and is what knows how to do family He no opposition to the Permit request is minimal

Chairman McClain the floor to public comment Linda Tomasik Indianapolis IN owner of

support for the Special and requested Walter Tomasik Indianapolis IN other owner

came here to help the get this matter

1 Book T

subject property her to approve

subject property htened out He advised

162014

applicant has taken care of property and has done extremely well around the property to keep oeClOle out prevent stealing solid was put up along a portion of the Mr opined that the applicant

Special Use Permit described the where the commercial are parked

that one of the Code cases was in regard to a mobile home which been The second address is

In response to Commissioner Mr Haigh stated the complaint started returned home around midnig from working in Gainesville in Ilis 1 ton dually

truck He advised that did not unload the equipment that night Chairman McClain advised that public comment portion was now vIV)

A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Resolution 14-R-692 granting Special Use Permit with Conditions 1 through 9 based on find and recommendations that the is compatible with surrounding land with the will not adversely affect the public

In response to Chairman McClain Mr he was agreeable with proposed Alternate Approval McClain referred to Condition No 3

to hours of operation advised that the hours to up equipment but did not truck in and out property

McClain concurred noting referred to the contractors yard Chairman McClain referred to Condition NO5 and inquired as to lighting on the

Mr Haigh stated the only lighting is a power pole that was installed by power company at the 17962 address in front Ms Tomasik noted the light has

they owned the property Comm suggested the Condition to show that the existing lighting is okay but no additional lighting exeeo

in height can be added Commissioner Bryant opined that lighting would not count In to Commissioner Zalak Mr Martsolf stated if complaints are would have the lights shielded

motion was unanimously by the Board (5-0) (Ed Note Condition 10 was the CO has already been obtained) Commissioners Bryant and pm

~====~ - (1 B) 141205SU) - The Board a petition by David and Lorraine (ownersapplicants) 12850 East

25 Ocklawaha FL for a Special Articles 1 2 and 4 of the Marion County Land Development Code for a day and events in an R-3 zone on

acres of Parcel Account and 49093-000-00 WRITTEN OPPOSITION WITHIN 300 2 of 14 14

PLANNING amp ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Ms Shields-Mang disagree with staffs findings

recommendation and recommend on the following findings

1 Will adversely affect the public Is not consistent with the Marion Plan

not compatible with the surrounding motion passed 4 to O

Book T Page 1

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

1 Book T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

162014

applicant has taken care of property and has done extremely well around the property to keep oeClOle out prevent stealing solid was put up along a portion of the Mr opined that the applicant

Special Use Permit described the where the commercial are parked

that one of the Code cases was in regard to a mobile home which been The second address is

In response to Commissioner Mr Haigh stated the complaint started returned home around midnig from working in Gainesville in Ilis 1 ton dually

truck He advised that did not unload the equipment that night Chairman McClain advised that public comment portion was now vIV)

A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Resolution 14-R-692 granting Special Use Permit with Conditions 1 through 9 based on find and recommendations that the is compatible with surrounding land with the will not adversely affect the public

In response to Chairman McClain Mr he was agreeable with proposed Alternate Approval McClain referred to Condition No 3

to hours of operation advised that the hours to up equipment but did not truck in and out property

McClain concurred noting referred to the contractors yard Chairman McClain referred to Condition NO5 and inquired as to lighting on the

Mr Haigh stated the only lighting is a power pole that was installed by power company at the 17962 address in front Ms Tomasik noted the light has

they owned the property Comm suggested the Condition to show that the existing lighting is okay but no additional lighting exeeo

in height can be added Commissioner Bryant opined that lighting would not count In to Commissioner Zalak Mr Martsolf stated if complaints are would have the lights shielded

motion was unanimously by the Board (5-0) (Ed Note Condition 10 was the CO has already been obtained) Commissioners Bryant and pm

~====~ - (1 B) 141205SU) - The Board a petition by David and Lorraine (ownersapplicants) 12850 East

25 Ocklawaha FL for a Special Articles 1 2 and 4 of the Marion County Land Development Code for a day and events in an R-3 zone on

acres of Parcel Account and 49093-000-00 WRITTEN OPPOSITION WITHIN 300 2 of 14 14

PLANNING amp ZONING COMMISSION RECOMMENDATION Motion was made by Mr Colen seconded by Ms Shields-Mang disagree with staffs findings

recommendation and recommend on the following findings

1 Will adversely affect the public Is not consistent with the Marion Plan

not compatible with the surrounding motion passed 4 to O

Book T Page 1

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

1 Book T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

16 2014

Deputy Growth Martsolf addressed Use Permit for an event venue location primarily for weddings as

wishing to use He noted the PampZ Comm recommended denial however Growth Department staff recommended approval of the Special

with the following Conditions 1 The site shall and operated with the submitted

conceptual plan conditions provided with this approval Ingress and E Hwy driveway

3 inn shall a maximum of (11) cottages (two (2) guests per room) as provided on the submitted plan

4 Social events as weddings will take no more than twice a on the weekend Any nightly festivities will to the hours of 5 pm to 10 pm only enforcement of the ordinance will be observed on the nightly events as depicted on the Land Acoustic Category in this report The event parking be limited to 50 on-site No parking shall be allowed in the Right Of Way The Special shall run with the owner (s) (David amp Owen) and not The owner (s) on-site The Special is effective on site and shall terminate if is a division or subdivision properties

8 The Special shall expire on 1 201 The applicant may submit a new Use Permit Application for consideration renew this permit in the future

Commissioner Bryant at 259 pm Mr Martsolf advised the filing of the original application staff

a few complaints and situations involving Enforcement due to property Staff also discussions with Mr Owen about a condition requiring

owner reside is adamant about in order to provide some particularly when is live or disc jockey (OJ) that may exceed

ordinance The was purchased in January 4 by the applicants company name of We Properties application originally

the property to a day spa request was Commission application is to continue the use which historically an Inn (The Nest on Lake Weir) and includes 3 duplexes and a main

as well as an apartment over the garage which does not require a Special to add the events (Le weddings conventions etc)

Commissioner questioned whether the did not allow in etc hold events without a Use Permit Mr advised that the property is

multi-family which allows for things such as a school for In response Zalak Mr stated weddings were also

other places along Weir Commissioner inquired as to the are performed if

are also held Mr Martsolf stated both weddings and are noting has been out to the property after 900 pm

Steve Gray NE 1st ue attorney the applicant was and that the applicant would like a continuance Chairman McClain noted someone

is paying for private counsel and assumed they would like to make their comments today

1 Book T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

December 16 2014

He stated the Board may want to continue the matter once public comment is heard if there are extenuating circumstances beyond what they felt can make a decision today

Mr Gray stated this has historically been an inn usage property The applicants requested a Special Use Permit for a limited number of special events per year which originally was a higher number The applicant has since advised that he will reduce the number of events to 12 per year The events have generally been weddings but not all The contract has a 1000 pm cut off time for events continuing into the night The Staff Report made reference to a Code Enforcement matter One complaint was made and the record reflects that the Code Enforcement Officer went to the site and took the timed average of decibel (dB) levels as requested which was below the County limit The County has a 65 dB average weighted level and no Code violation notice was given to the applicants This wedding event was discussed at the PampZ Commission meeting that created somewhat of a change in the business plan for the special events Neighbors complained about a band on the dock or close to the edge of the water The applicant will outline what can be an additional condition but has elected to eliminate live bands if the Special Use Permit is granted The applicant who is a contractor will also make physical changes and move the band onto the back deck with a wall to create sound buffering

The applicant is requesting a Special Use Permit to allow 12 events per year that cannot run later than 1000 pm and will have to comply with the Countys existing noise ordinance A number of wedding events are held at various locations in Lake Weir Mr Gray stated it is important for Mr Owen to explain his plans and how he will limit impact on neighbors He requested the Board to consider granting the Special Use Permit

David Owen East Highway 25 applicant presented a 5 page handout noting the top letter is from his wife who could not be present today and provided a little history of how they got to where they are today He stated they did not plan to be a wedding venue as they were carrying on with the Inn however they were searched out because of the property Mr Owen advised that he would like for everyone to know that it was successful because of his wifes hard work and dedication to excellence The letter commented on how tough it is to start a small Inn in Ocklawaha however the OcalaMarion County Visitors and Convention Bureau (VCB) has been a big help in promoting the County and the number of people they brought to Marion County He stated he was unaware of the noise issue until they applied for the Special Use Permit A privacy fence was installed strictly to address noise and they are looking into some type of barrier that will take some of the vibration out The bands have been eliminated and the OJ will be moved to an area that will be more private They just started working on this issue but had they been working on this for 6 months they would have better answers They can direct the noise away from neighbors as they want to be a good neighbor and take their complaints seriously The events are needed to showcase the property and bring people back

Commissioner Bryant commented on the request for a continuance and asked if the applicant has something else he wants to offer in the way of concessions Mr Owen stated he wants to be specific about what he can do noting right now he was saying what he thought he can do and is looking at other options He knows they can put up the wall as that was done he also knows that the noise can be directed Mr Owen advised that he has spoken to an electrician who does sound just to get his opinions He reiterated that the weddings are needed for the success of the property

Chairman McClain opened the floor to public comment Brenda Haworth East Highway 25 commented on accidents that occurred at the

corner of Highway 25 and CR 464 She advised that she arrived home on Saturday

Book T Page 1259

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

evening the Christmas very loud rattled her windows Ms Haworth CTITQr1 they all worked for their little piece of and the noise is disruptive

Karen Leonard East Highway voiced her opposition Special noting has been dealing with the weddings for over 2 She advised that was not against the applicants running their inn or trying to make a living Ms Leonard she and her husband own their own small business and they too

They value their and time off It is not just the weddings that are disruptive intrusive it is the set up and in a sense they have lost their privacy and of living in a neighborhood The lots are long and narrow the water and noise carries when are occurring Neighbors cannot plans

the noise while are occurring Ms concern reasea property values of the wedding venues

Commissioner Zalak uired as to how up for a wedding neighbors Ms Leonard stated they have owned their since 1995 and had security knowing her neig noting not a lot of came and went is uncomfortable with unknown coming in and up tents etc and the sense of security been lost

MacKay SW Road attorney representing the Leonards noting other neighbors area are present He advised that clients

are adamantly opposed to Use Permit as it is not appropriate in a area No businesses are area until reaching to the east Commercial venues are for those wanting to have a wedding

Weir He noted the applicants purchased this property in 1998 and not for a commercial venue for weddings and since that time as is

ing that recently summer the applicants remodeled some of the units main house to provide more rooms which is not of the grandfathered in portion

that was in 1998 and is a issue The applicants now 11 units and on one must rent the to

hold a wedding Mr MacKay that the reason that is because no one will come and stay with a wedding people and hours of operation is not the

He advised that his do not want to enforcers and are ones who filed the Code Enforcement complaint The Officer did not write up the as the dB

did not meet the however there were numerous spikes in music way the average He uested the Board to deny the Special as it is unfair

burden on neighbors as it is an inappropriate location of the

response to Commissioner Zalak Mr MacKay stated he did not know if Mr received the todays or even if he objects the Special Use Commissioner commented on noise which on a water

body and can occur without a wedding permit Mr MacKay weddings can occur with a Permit not one is endorsed by County by granting a Special Use Permit issue with 12 per year is that wants their wedding during specific not just 1 a month He opined that request is

appropriate is intrusive to neighbors and not compatible Commissioner out at 330 pm Don Zaharias 13pt Place living on Lake

since 1995 as a full-time resident is now retired he has never

1260 Book T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

December 16 2014

heard any noise from The Nest but has heard noise from Gator Joes and other places Mr Zaharias commented on his neighbor who occasionally has parties and noted they live in neighborhoods and can see where it would be intrusive if it occurred on a daily basis

Commissioner Zalak returned at 332 pm He commented on the noise from the lake (eg air boats sea planes etc) and stated Lake Weir is not the place for those who want no noise Mr Zaharias advised that he attended a wedding at The Nest but there was no music at this event which was a beautiful occasion He stated the applicants have done a wonderful job beautifying enclosing and securing their property so that it is private from the neighbors

Commissioner Bryant inquired as to where Mr Zaharias lives in conjunction with the property being addressed Mr Zaharias stated he lives in the Sanctuary noting he can see the area from his house maybe 1-12 miles away from the subject property He pointed out that he can hear noise from Gator Joes but has yet to hear anything from The Nest

Trina Brinkley East Highway 25 advised that Mr Zaharias is so far removed from this and is so far away from The Nest and requested the Board to disregard his comments She stated she had no intention of speaking today as she was going to let her letter of opposition speak for her noting it should be in the files However this past Saturday night they came home from church to see their 19 year old sitting on the sofa with his head in his hands Her son is a full-time student who also works 30 plus hours per week and Saturdays are his time for online classes essays and studying Her son explained that the loud music obnoxious DJ drinking and yelling guests at the wedding next poor had destroyed his focus and concentration Her son is 5 months away from a bachelors degree in Psychology with a minor in Religion with plans to apply to Medical School Ms Brinkley stated they cannot afford for their sons GPA (grade point average) to be dropped because he cannot study at the appropriate times

Commissioner Arnett returned at 335 pm Twenty years ago when the Brinkleys purchased their property there was no

motel the Moellers owned it but did not operate it as a motel or hold wedding events Ms Brinkley stated it was a peaceful joyous and relaxed residential community that they are blessed to call home She advised that they are not opposed to the day spa which she opined was now off the table nor are they opposed to the 11 cottage motel boat rentals but are opposed to the loud outdoor events and the obnoxious post wedding festivities must stop Ms Brinkley noted that all of the neighbors who permanently live within the 300 feet of the subject site excluding those who own property but do not reside there fulltime are present today

Chairman McClain advised that the public comment portion was now closed A motion was made by Commissioner Zalak seconded by Commissioner Arnett

to continue this matter In response to Commissioner Zalak Mr Gray requested a continuance for one

month Chairman McClain stated the motion is to continue the matter to the January 20 2015 Zoning meeting at 200 pm

The motion was approved by the Board by a vote of 4-1 with Commissioner Moore voting nay

OrdinancesZoning - (14C ) - The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and

Book T Page 1261

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T

December 16 2014

Deputy Clerk Bonvissuto regarding petitions for rezoning Special Permits in the Upon motion Commissioner Zalak seconded by Commissioner Bryant the

Board adopted 14-29 amending the Marion County Zoning Map pursuant to individual decisions made by the on each application heard in the public hearing and entitled

AN ORDINANCE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY DA APPROVING REZONING AND IAL

PERMIT PETITIONS AND AUTHORIZING I E OFFICIAL ING MAP PROVIDING FOR AN

being no business come before Board meeting adjourned at 3 pm

FICA-nON ON

I

Attest

rmann Clerk

1262 T