Docstoc

Tax Deed Sale Overbid Funds Nationwide

Document Sample
Tax Deed Sale Overbid Funds Nationwide Powered By Docstoc
					                                        July 17, 2007

      The Marion County Board of County Commissioners met in regular session in
Commission chambers at 9:05 a.m. on Tuesday, July 17, 2007 at the Marion County
Governmental Complex located in Ocala, Florida.

       The meeting opened with invocation by Chairman McClain and the Pledge of
Allegiance to the Flag of Our Country.

      Upon roll call the following members were present: Chairman Stan McClain, District
3; Commissioner Andy Kesselring, District 1; and Commissioner Barbara Fitos, District 4.
Vice-Chairman Charlie Stone, District 5; was absent due to a prior commitment.
Commissioner Jim Payton, District 2; arrived shortly after the meeting commenced. Also
present were Clerk David R. Ellspermann, Deputy Clerks Debbie Windberg and Cindy
Bonvissuto, County Attorney Thomas L. Wright, County Administrator Pat Howard, a
representative of the Sheriff’s Office and a member of the news media.

      County Employees - The Board welcomed thirteen (13) new County employees who
were observing the meeting.

       County Employees - (1.A.) - Upon motion of Commissioner Payton, seconded by
Commissioner Kesselring, the Board approved and presented Employee Service Awards
with the assistance of Shiyann Adams, Human Resources, to:
       1.     James Blizzard, Fire Department, for 20 years of service;
       2.     Nancy Gal, County Extension Department, for 20 years of service; and
       3.     Earl Moorman, Transportation Department, for 15 years of service.

       Budgets - (2.A.) - Sonny Muckey, NW 32nd Street, appeared and commented on the
state of the County. He expressed concern as a taxpayer in regard to the Governor’s views
on property taxes, adjustment of insurance costs and adopting California’s pollution
standards. Mr. Muckey addressed the financial issues facing Marion County’s Solid Waste
and Utility programs. He advised that the County could not afford to take on any new
projects until the issues with those programs were resolved. Mr. Muckey commented on
the County not requiring paved roads in subdivisions. He advised that taxpayers needed
certain services (i.e. Fire/Rescue, Hospitals, Utilities, Solid Waste, etc.), noting new growth
needed to pay for itself.

    Minutes - (3.A.) - Upon motion of Commissioner Kesselring, seconded by
Commissioner Fitos, the Board adopted meeting minutes of May 14 and 15, 2007.

      Budgets/Resolutions - (5.A.1. through 6.) - Upon motion of Commissioner Payton,
seconded by Commissioner Fitos, the Board adopted the following Budget Amendment
Resolutions presented by Clerk Ellspermann:
      1.     07-R-276 transferring $2,100 within the General Fund for the County
             Attorney.

                                                                           Book J, Page 927
July 17, 2007


       2.       07-R-277 transferring $15,000 within the General Fund for the Animal Center
                Department.
       3.       07-R-278 transferring $10,000 within the Solid Waste Disposal Fund for Solid
                Waste Recycling.
       4.       07-R-279 transferring $6,200 within the Solid Waste Disposal Fund for Litter
                Control.
       5.       07-R-280 transferring $23,200 within the Solid Waste Disposal Fund for Solid
                Waste Disposal.
       6.       07-R-281 transferring $4,500 within the Solid Waste Disposal Fund for
                Hazardous Waste Disposal.

      Surplus Property - (5.B.) - Upon motion of Commissioner Payton, seconded by
Commissioner Fitos, the Board approved Acquisition or Disposition of Property forms
changing the status of the following items of property: 29482, 34821, 35271, 36878, and
36997.

       Clerk - (5.C.) - Upon motion of Commissioner Kesselring, seconded by
Commissioner Fitos, the Board accepted recommendations of the County Attorney’s office
regarding the following claims for overbid monies from Tax Deed Sales:
       1.    Granted claim from Misan Siu Man Chan regarding Tax Deed Sale No.
             282647.
       2.    Granted claim from International Locator Service, on behalf of Daphne
             Holmes regarding Tax Deed Sale No. 282764.

       Property Appraiser - (5.D.) - Upon motion of Commissioner Payton, seconded by
Commissioner Kesselring, the Board appointed Commissioners Kesselring, Stone, and
Fitos to serve on the Value Adjustment Board (VAB) for 2007/2008. The motion was
unanimously approved by the Board.

        Ambulances/Budgets - (5.E.) - Finance Director John Garri presented the Marion
County EMS Alliance Financial & Statistical Report for the Period Ending March 2007. He
noted that Page 1 reflected the billable transports, which were slightly under budget this
year by approximately 141 trips. The pie chart on page 2 reflected the billable transports
by payor. Page 3 contained a statement of Net Assets Balance Sheet reflecting cash on
hand as of March 31, 2007 of $2.5 million. Page 4 contained unrestricted net assets which
were approximately $2.6 million. Page 5 showed the Statement of Revenues and
Expenditures and changes in net assets, with comparison to March 2006. Page 7
addressed the unrestricted net assets, which were approximately $2.6 million. Mr. Garri
stated the projection for the end of the fiscal year (FY) unrestricted balance would decrease
to approximately $880,000. Page 8 referred to Medical supplies, which were over budget
by $60,988 due to procedural changes in reorder point quantities and keeping a larger
ready supply of patient care supplies on hand. Page 10 provided a full budget amount for
the entire FY compared to the March 31, 2007 year to date actual, whereby most of the
items were coming in under budget at this point. He referred back to page 9, which
reflected contributions from the County of $2.5 million, City of Ocala of $1,037,300 million
and the two hospitals (MRMC and ORMC) of $1,675,000 each.
        Commissioner Payton questioned if staff had performed any statistical analysis in

Page 928, Book J
                                                                              July 17, 2007


regard to the City of Ocala’s contribution in relation to the number of calls related to the
revenue. EMSA Executive Director David Palmer stated staff had not performed that type
of analysis, but stated since the information was being requested the analysis would be
performed and presented to the Board when completed.
        Mr. Garri noted page 11 calculated the total number of transports for the six months
ending March 31, 2007 with regard to ambulance fees, noting the totals per transport was
currently at $308 and staff had budgeted at $292. He stated as of March 31st the operating
loss for EMSA was $2,878,697 compared to the budgeted loss of $3,887,774. In response
to Commissioner Kesselring, Mr. Garri advised that the only other operating system he had
reviewed was of Leon County, noting that the County Commission budgeted $500,000 to
cover the deficit. Commissioner Kesselring recommended staff do a comparison of like
counties in regard to setting a benchmark for operating losses. Mr. Palmer stated there
were several industry standards in regard to ranking performance, quality of care, etc., but
noted there was no nationwide EMS ranking system. In response to Commissioner Payton,
Mr. Garri stated Leon County was a Charter County. He noted page 12 addressed the
Statement of Cash Flow, showing 52 days cash on hand. He stated page 13 covered the
monthly transport collections and noted the Year to Date (YTD) totals were over the
budgeted cash collection by approximately $449,000. Mr. Garri stated page 14 contained
the adjusted charges as well as Medicare and Medicaid allowables.

        Upon motion of Commissioner Kesselring, seconded by Commissioner Fitos, the
Board acted on the Consent Agenda for the County Administration item 6.A.1., County
Attorney items 6.B.1. through 3., Development Review Committee items 6.C.1. and 2.,
Marion County Sheriff’s Office items 6.D.1., Planning Department item 6.E.1., Purchasing
Department items 6.F.1. through 8., and Transportation Department items 6.G.1.through
4., as follows:

       Contracts & Agreements/Districts/Easements - (6.A.1.) - The Board considered the
following recommendation of Gisela Salas, Deputy County Administrator, to approve and
execute Purchase Agreement with On Top of the World Communities, Inc. for the new site
of the Friendship Fire Station #21:
       Description/Background: Attached is a proposed "Purchase Agreement" for a parcel
       of land approximately 2.48 acres in size located adjacent to SW 90th Street. The
       parcel (Tax Roll Parcel # 35300-000-00, a portion thereof as per attached legal
       description) is needed to provide land for the new site of the Friendship Fire Station
       #21 and the necessary Drainage Retention Area.
       The proposed agreement requires that the seller provide an Attorney's Opinion of
       Title. Title Insurance may be obtained at the buyer's expense. The agreement has
       been executed by the current owner, Ken Colen, President of On Top of the World
       Communities, and approved as to form and legal sufficiency by the County
       Attorney's Office. Currently funds in the amount of $200,000 are budgeted from the
       Operating Fund for Fire Rescue for the purchase of this land.
       Budget Impact: Estimated at $159,200 (purchase price) plus Title Insurance.
       Recommended Action: Motion to approve Purchase Agreement for the purchase of
       Tax Roll Parcel # 35300-000-00, a portion thereof as per attached legal description,
       and to authorize execution by the Chairman and the Clerk.
       Fire Chief/Life Safety Services Bureau Chief Stuart McElhaney advised that there

                                                                          Book J, Page 929
July 17, 2007


were several Easements that would need to be negotiated into the agreement. He stated
staff was requesting approval for the purchase of the property, subject to securing the
driveway easement, drainage easement and the construction access easement.
        A motion was made by Commissioner Kesselring, seconded by Commissioner Fitos,
for the purchase of Tax Roll Parcel # 35300-000-00, subject to negotiating the easements
as outlined above. The motion was unanimously approved by the Board.

       Budgets/Ordinances - (6.B.1. through 3.) - Accepted recommendation of Chief
Assistant County Attorney Thomas D. MacNamara to approve the recommendation of the
Code Enforcement Board to execute the Release of Code Enforcement Lien against the
following:
       1.    James and Imo Lou Nesmith in regard to Case No. 329180DK.
       2.    Perry M. and Macie Jo Carter in regard to Case No. 466692WB.
       3.    Shelly Goss Huber in regard to Case No. 445635MA.

       Contracts & Agreements/Zoning - (6.C.1.) - Accepted the following recommendation
of the Development Review Committee Chairman Dwight Ganoe to approve and execute
the Developer’s Agreement with Paul M. and Rosanne Gmuer approving a family division
regarding Parcel No. 44837-001-00:
       Description/Background: The Development Review Committee (DRC) considered
       a waiver request by Paul and Rosanne Gmuer to allow for a family division of their
       17.53 acre parcel. The owners are requesting the family division in order to provide
       an acre to their daughter so she can be closer and be able to assist them when
       needed. The DRC voted to approve the request subject to a developer's agreement
       which required use of a shared access driveway, no additional residential or guest
       units on the division of the property and that all dwelling units on the property be
       required to connect to central water and sewer within 90 days of notification by the
       County that those services are available.
       Budget Impact: N/A.
       Recommended Action: Motion to approve Developer's Agreement (attached)
       regarding parcel 44837-001-00 and authorize execution by the Chairman and Clerk.

    Subdivisions - (6.C.2.) - Accepted recommendation of the Development Review
Committee to execute and record the final plat of Country Oaks at Marion Center.

      Contracts & Agreements/Schools/Sheriff - (6.D.1.) - Accepted recommendation of
the Marion County Sheriff’s Office to approve and execute the Agreement Between the
School Board of Marion County, Ed Dean, as Sheriff of Marion County and the Board of
County Commissioners for the School Resource Officer Program for a term of August 20,
2007 through June 5, 2008.

       Contracts & Agreements/Landfills - (6.E.1.) - Accepted the following
recommendation of Planning Director Dwight Ganoe to approve and execute the
Assignment of Lease with David Singh, Narain Singh and Doris Singh, and directed staff
to advise Lamar Companies that the existing Lease would be terminated upon closing of
Parcel No. 12841-000-00 in relation to the Newton Landfill:
       Description/Background: On April 17, 2007, the Board approved an agreement for

Page 930, Book J
                                                                             July 17, 2007


      sale and purchase of the subject property. Title information obtained on the property
      indicated an existing billboard lease which would terminate on March 1, 2010. The
      lease provides for year to year extension after March 1, 2010, unless terminated by
      either party upon 60 days written notice. The annual rental fee for the lease is
      $700.00. Attached is a proposed Assignment of Lease which would assign the lease
      to the County at closing on the property. It is staffs recommendation that also upon
      closing, the County provide written notice to the holder of the lease that the lease
      will terminate on March 1, 2010 without any further extensions.
      Budget Impact: $700.00 annual rental fee until termination of lease.
      Recommended Action:
      1.      Motion to approve Assignment of Lease (attached) and authorize execution
              by Chairman.
      2.      Motion to direct staff, upon closing on parcel #12841-000-00, to notify Larmar
              Companies that upon termination of the existing lease, no further extensions
              will be granted.

      Parks & Recreation - (6.F.1.) - Accepted the recommendation of Purchasing Director
Diane Tucker to approve and execute Change Order to Purchase Order No. 0700716 in
the amount of $115,842 for restroom and guardhouse renovations at Carney Island, as
requested by the Parks and Recreation Department.

       Contracts & Agreements/Parks & Recreation - (6.F.2.) - Accepted the
recommendation of Purchasing Director Tucker to reject all proposals and allow the Parks
and Recreation Department to continue to search for a suitable vendor to provide
concession services for Carney Island, Baseline Trailhead, and/or Hope Boat Ramp; and
authorize the Purchasing Department to negotiate an appropriate fee and contract, as
requested by the Parks and Recreation Department pursuant to 07P-068.

       Contracts & Agreements - (6.F.3.) - Accepted the recommendation of Purchasing
Director Tucker to reverse the contract award to All Florida Tree & Landscape, Inc. for
(secondary) Countywide tree removal and trimming pursuant to Bid 07B-056.

       Contracts & Agreements/Districts - (6.F.4.) - Accepted the recommendation of
Purchasing Director Tucker to approve and execute contract amendment with Ethridge
Construction of Marion County, Inc. for Construction Manager Services for fire station
construction and renovation, as requested by the Facilities Management/Fire Departments
pursuant to 04Q-061.

      Drainage/Projects & Programs - (6.F.5.) - Accepted the recommendation of
Purchasing Director Tucker to approve and authorize staff to issue a Purchase Order to
DGC Environmental Services, Inc. for ten (10) drainage retention areas (DRA) major
vegetation removal and maintenance for the Clean Water program, not to exceed
$100,000, as requested by the Transportation/Clean Water Program pursuant to Bid No.
07B-066.

     Contracts & Agreements/Parks & Recreation - (6.F.6.) - Accepted the
recommendation of Purchasing Director Tucker to approve and execute contract

                                                                        Book J, Page 931
July 17, 2007


amendment with H & J Landscaping Services, Inc. for Ecologically Enhanced Stormwater
Area (EESA) landscaping and temporary irrigation at Carney Island Park, as requested by
the Parks and Recreation Department pursuant to Bid 07B-075.

       Contracts & Agreements/Roads, Miscellaneous - (6.F.7.) - Accepted the
recommendation of Purchasing Director Tucker to approve and execute contract
amendment with Jones Edmunds & Associates, Inc. (JEA) for professional services relating
to the CR 484 Stormwater Retrofit Project, not to exceed $57,500, as requested by the
Transportation Department pursuant to 06Q-074.

      Contracts & Agreements/Landfills - (6.F.8.) - Accepted the recommendation of
Purchasing Director Tucker to approve and execute contract amendment with Ocala
Recycling, Inc. for the recyclable materials processing and marketing services, as
requested by the Solid Waste Department pursuant to 03P-068.

      Contracts & Agreements/Road Improvements - (6.G.1.) - Accepted recommendation
of County Engineer Mounir Bouyounes, Transportation Department, to execute Purchase
Agreement with Gwendolyn O. Brannen in the amount of $165,000 for Parcel No. 25319-
000-00 to acquire necessary right of way for the 200A Road Improvement Project.

       Contracts & Agreements/Road Improvements - (6.G.2.) - Accepted the following
recommendation of County Engineer Bouyounes, Transportation Department, to execute
the Off System Project Agreement with the State of Florida Department of Transportation
(FDOT) for the CR 484 (CR 475A to SE 47th Avenue/SE 135th Street) widening and
reconstruction project:
       Description/Background: The Florida Department of Transportation (FDOT) and
       Marion County work programs are committed to the widening and reconstruction of
       CR 484 from CR475A to the SE 47th Ave/SE 135th Street intersection. The FDOT
       has funded the construction phase and is preparing to advertise for construction
       bids. The Federal Highway Administration and Florida Department of Transportation
       require assurance prior to expenditure of construction funds that the completed
       roadway facility will be maintained. This Agreement confirms that the county will
       continue to be responsible for maintenance of this realigned county roadway facility
       after it is constructed.
       Budget Impact: None, other than the continuation of routine maintenance costs for
       CR 484 after the widening and reconstruction construction project is complete.
       Recommended Action: Motion to approve the attached Off System Project
       Agreement and authorize the Chairman and Clerk to execute same.

       Contracts & Agreements/Resolutions/Road Construction - (6.G.3.) - Accepted the
following recommendation of County Engineer Bouyounes, Transportation Department, to
approve the Locally Funded Agreement (LFA) with the State of Florida Department of
Transportation (FDOT) and adopted Resolution 07-R-282 regarding CR 484 from SE 47th
Avenue/SE 135th Street to SR 500 (US 441):
       Description/Background: On January 3, 2006 the Florida Department of
       Transportation and Marion County entered into a Local Funding Agreement for the
       construction of CR 484. Based upon FDOT's original work program construction

Page 932, Book J
                                                                                 July 17, 2007


       cost estimate an initial funding amount of $2,696,331.00 was approved for transfer
       to FDOT with the understanding that the County would be obligated to fund one-half
       of the non-federal share of the final construction cost that is in excess of the original
       work program cost estimate. Project construction began in November of 2006.
       FDOT has received a recently updated construction engineering inspection (CEI)
       cost. As a result the County is obligated to fund an additional amount of $913.00.
       The additional funds will be needed from the current 2006/2007 FY budget. The
       FDOT/Marion County LFA requires that the funds be transferred to FDOT upon
       request in order to maintain the continuity of the work involving the overrun items.
       Our ultimate cost share will vary dependent upon the final non-federal cost for the
       completed construction. Construction is currently scheduled to end by September
       of 2008.
       Budget Impact: $913.00 is currently available from the Impact Fee District 3 fund.
       Funding for the project is identified from District 3 because of the direct benefit that
       wilt be gained by the District from improved accessibility and the efficient movement
       of goods and people. The new CR 484 alignment is the only direct connection to I-
       75 south of the SR 200 interchange providing regional access for the City of
       Belleview, Silver Springs Shores and Lake Weir communities.
       The CR 484 highway improvement project is recognized as regionally significant by
       the Ocala/Marion County Transportation Planning Organization and FDOT serving
       the increasing transportation needs of southeastern and southwestern Marion
       County. Due to the described benefits it is recommended that this project be totally
       funded from Impact Fee District 3.
       Recommended Action: Motion to approve through resolution the supplemental
       funding for the CR 484 Locally Funded Agreement with FDOT and authorize the
       Chairman and Clerk to execute the same.

      Resolutions/Traffic Control - (6.G.4.) - Accepted recommendation of County
Engineer Mounir Bouyounes, Transportation Department, to adopt Resolution 07-R-283
terminating the existing thirty-five (35) mph speed limit and establishing a forty (40) mph
speed limit on Bay Road from CR 25 to SE 113th Street.

      Comprehensive Plan/Ordinances - (7.A.) - County Attorney Thomas L. Wright
presented the following recommendation from Chief Assistant County Attorney Thomas D.
MacNamara in regard to scheduling and advertising two public hearings (on the same date)
to consider the recommendations of the Mediator and adoption of a Revised
Comprehensive Plan Amendment relating to Springs Protection:
      Description/Background: As background, on December 20, 2006, the Board adopted
      Ordinance 06-39 to amend its Comprehensive Plan to include policies for the
      protection of springs and springsheds. On February 12, 2007, the State Department
      of Community Affairs found the amendments not in compliance, and filed for an
      administrative hearing with the State Division of Administrative Hearings. Case No.
      07-1058GM.
      Pursuant to Section 163.3184(10), Florida Statutes, the parties selected William T.
      Swigert to act as mediator. On April 27,2007, the parties met with Mediator Swigert,
      and were able to outline the issues and craft mutually-acceptable revisions to the
      policies. Mediator Swigert recommends that the parties enter into a Stipulated

                                                                            Book J, Page 933
July 17, 2007


       Settlement Agreement to resolve the administrative hearing, and adopt the remedial
       amendments set forth in Exhibit B to the Stipulated Settlement Agreement.
       Budget Impact: None.
       Recommended Action: The Board is requested to schedule and advertise two public
       hearings to occur on the same day (suggested: Tuesday, August 7, 2007 at 1:30 pm
       or Wednesday, August 8, 2007 at 9:00 a.m.) to consider (1) the recommendations
       of the mediator (the Board will decide to accept, modify or reject the
       recommendations) and (2) if necessary, adoption of the revised comprehensive plan
       amendment.
       A motion was made by Commissioner Kesselring, seconded by Commissioner Fitos,
to schedule and advertise two public hearings on Tuesday, August 7, 2007 at 1:30 p.m. to
consider the recommendations of Mediator Swigert and adopt a Revised Comprehensive
Plan Amendment relating to Springs Protection, if necessary. The motion was unanimously
approved by the Board.

       Comprehensive Plan/Ordinances - (7.B.) - County Attorney Wright presented the
following recommendation from Chief Assistant County Attorney MacNamara requesting
approval and execution of the Option Agreement for Sale and Purchase, Warranty Deed
and Agreement for Partial Release of Conservation Easement with Sharon S. Sawallis and
Nancy S. Jackson, as Trustees of the Sharon S. Sawallis Revocable Trust (Trustees) in
relation to Transfer of Development Rights (TDR) Credits:
       Description/Background: As background, on January 9, 2007, the Board approved
       the acquisition of three (3) acres for $66,000.00, the donation of six (6) acres subject
       to an existing conservation easement, and an agreement for partial release of the
       existing conservation on 2.78 acres to allow for the future construction of homestead
       property. See attached Agenda Item. The attached documents will accomplish the
       previous direction of the Board.
       Budget Impact: $66,000.00
       Recommended Action: The Board is requested to approve the attached Option
       Agreement for purchase of three (3) acres, accept the Warranty Deed for donation
       of six (6) acres, and approve the Agreement for Partial Release of Conservation
       Easement for 2.78 acres and authorize the Chairman and Clerk to execute same.
       A motion was made by Commissioner Kesselring, seconded by Commissioner Fitos,
to approve and execute the Option Agreement for Sale and Purchase, Warranty Deed and
Agreement for Partial Release of Conservation Easement with Sharon S. Sawallis and
Nancy S. Jackson, Trustees. The motion was unanimously approved by the Board.

       County Attorney/Ordinances/Resolutions - Mr. Wright advised that the County had
been served with two lawsuits, one in regard the Panhandling Ordinance and one in regard
to the Rainbow Springs Road assessment. He stated he had spoken to Risk Management
and questioned if the County had insurance to cover the lawsuit in regard to the
Panhandling suit. Mr. Wright advised that in regard to the assessment suit, the Plaintiffs
were challenging the legality of the assessment, which was adopted under a special act
adopted by the Legislature on behalf of the County in 1985 and the procedural process that
took place. He requested assistance from the law firm of Nabors, Giblin & Nickerson (NGN)
to help with the defense since the law firm had prepared the original Ordinance.
       It was the general consensus of the Board to direct staff to contact the law firm of

Page 934, Book J
                                                                             July 17, 2007


NGN to assist with the defense of the law suit.

        Municipalities/Road Improvements - (8.A.) - County Administrator Howard presented
the following recommendation from County Engineer Mounir Bouyounes, Transportation
Department, in regard to the design progress relating to the SE 92nd Loop (a/k/a Belleview
Bypass) and Baseline Road (SR 35) Reconstruction Project (from US 441/SE 131st Place
Intersection to just south of the Baseline Road/CR 464 Intersection):
        Description/Background: The Belleview Bypass & Baseline Road (SR 35)
        Reconstruction Project is approximately a 9.2 mile project recognized by FDOT,
        Marion County and the Ocala/Marion County Transportation Planning Organization
        as a regionally significant roadway improvement corridor. In August of 2005 the
        County's engineering consultant began an approximate two year long engineering
        design phase with the objective of providing safety, operational and capacity
        benefits by multi-laning a segment of existing Baseline Road (SR 35) and creating
        a new multi-lane roadway called SE 92nd Loop as a bypass alignment around the
        City of Belleview to the east and south. Marion County has taken a leadership role
        to facilitate construction of this project by funding and commencing the engineering
        design and permitting phase. The County is working in coordination with the City of
        Belleview, the City of Ocala and FDOT to provide an efficient cost effective roadway
        design that is considerate of the community and addresses current and future
        regional transportation needs. The County is approximately 90% complete with the
        design process and is ready to brief Board of County Commissioners on the project
        progress.
        Budget Impact: None, briefing only.
        Recommended Acton: None, briefing only.
        County Engineer Mounir Bouyounes, Transportation Department, introduced Andy
Dewitt, Vice President, Inwood Consulting Engineers, who presented a 14 page handout
to follow along with the PowerPoint presentation. He provided a brief history of the
“Belleview Bypass”, noting in 1987 Marion County completed a belt route study a/k/a the
Ocala Beltway, which looked at the entire Ocala metropolitan area. Mr. Dewitt stated from
1990 to 1994 the Florida Department of Transportation (FDOT) completed the Belleview
Bypass/SR 35 PD&E Study, which upon completion in 2005, the Board of County
Commissioners (BCC) awarded the design contract to Inwood Consulting & Engineering.
        Mr. Dewitt advised that the major Scope of Services included: 1) meeting National
Environmental Protection Act (NEPA); 2) public involvement; 3) roadway design; 4) survey
and right-of-way (ROW) mapping; 5) traffic analysis; 6) drainage and permitting; and 7)
environmental issues. He stated the project would begin on Highway 441 and tie into SE
132nd Road and head north northwest until the project ended on State Road 35 (Baseline
Road). Mr. Dewitt provided a brief description of the design plans (speed limit, ROW and
lane designs, traffic signals, retention areas, etc.). He commented on public involvement,
noting some of the methods used included: 1) newsletters; 2) workshops; 3) project web
page; 4) County Commission briefing; 5) City Council meetings; 6) Governmental/Agency
staff coordination; and 7) individual property owner meetings. Mr. Dewitt stated the
roadway design was underway, noting there were two sets of plans which were 90%
completed. He commented on the designed access management, which included median
opening locations to be identified, number of access connections limited and coordinating
with Planned Regional Developments and Transportation Improvement Plan (TIP)

                                                                         Book J, Page 935
July 17, 2007


Roadway Improvements Program. Mr. Dewitt advised that the project would require an
enormous amount of ROW, noting SE 92nd Loop was a brand new roadway with 107
impacted parcels with 161.2 total acres of land for roadways and drainage retention areas
(DRA’s) and on SR 35 there would be 68 impacted parcels and 23.6 total acres for
roadways and DRA’s.
      Mr. Dewitt concluded by stating the next public information meeting would be held
on August 9, 2007 at the Belleview City Hall. He advised that both Plans would be 100%
completed by March 2008.

        Budgets/Ordinances - (8.B.) - County Administrator Howard presented the following
recommendation from the Code Enforcement Department in regard to Rescission of Lien
relating to Case No. 356216JR, as requested by Ms. Arthur Lee Kendrick and Stanley
Kendrick (son):
        Description/Background: Mr. Kendrick and Ms. Arthur Kendrick are requesting a
        rescission of a lien on case #356216JR. Ms. Kendrick and her son, Mr. Kendrick,
        appeared at the Code Enforcement Board hearing on June 6, 2007 and based on
        the evidence and testimony presented to the Board, the Board found that there was
        a lack of evidence to prove that the property was not cleared as stated by a sworn
        testimony given by Reverend BJ Berry where he stated that he was the person that
        cleaned the property.
        Budget Impact: $3,000.
        Recommendation: Code Enforcement is recommending to the Board of County
        Commissioners to rescind the lien.
        Ms. Arthur Lee Kendrick appeared and stated the property had been cleared by her
Pastor Reverend B.J. Berry. Code Enforcement Director Sammie Luckey advised that in
2001 the property had been cited for junk and litter. He stated it was his understanding that
the violation was cleared up on the property, noting the file did not reflect any photographs
to show it had been cleaned. Mr. Luckey noted since 2001 the procedure had been
changed to ensure the evidence/information would be in the files to verify the properties
had been cleaned. He advised that Ms. Kendrick stated she had called Code Enforcement
for an Officer to come out and inspect the property, but noted the file did not reflect that an
officer verified that the violations were cleared. In response to Commissioner Payton, Mr.
Luckey advised that no current violation existed on the property.
        A motion was made by Commissioner Payton, seconded by Commissioner Fitos,
to approve the Rescission of Lien against Ms. Arthur Lee Kendrick, Case No. 356216JR.
The motion was unanimously approved by the Board.

       Easements/Resolutions - (8.C.) - County Administrator Howard presented the
following recommendation from Planning Director Ganoe regarding the Plat Vacation for
a portion of an Environmental Easement for Dalton Woods Subdivision as petitioned by
Howard and Fairy Eskildsen:
       Description/Background: Attached is a petition by Howard and Fairy Eskildsen
       requesting that the Board adopt a resolution vacating a 10 foot wide portion of a 50
       foot wide "Environmental Easement" located at the back of their property. The
       purpose of the request is to allow for the construction of a storage shed. The
       location of their existing septic tank, drainfield and trees located on the property
       make it difficult to provide a site for the shed without encroaching into the easement.

Page 936, Book J
                                                                              July 17, 2007


      The Environmental Easement was created by the subdivision plat of Dalton Woods
      which dedicated the easement to the Dalton Woods Homeowners' Association.
      Attached is a letter from the President of the Homeowners' Association indicating
      that the Board of Directors has reviewed the petition and requests approval by the
      County Commission. Two other portions of the Environmental Easement were
      previously vacated by the County Commission in 2001 and 2002. The petition was
      considered by the Development Review Committee with a motion to approve
      resulting in a 2-2 tie vote. The petitioner has provided proof of ownership and proof
      of payment of taxes.
      Budget Impact: Receipt of application processing fee: $350.00.
      Recommended Action: DRC recommendation resulted in a tie vote. If the Board
      desires to grant the petitioner's request, the following motion is recommended:
      Motion to adopt resolution (attached) vacating the east 10 feet of the 50 foot wide
      Environmental Easement located within Lot 23, Block D, Dalton Woods.
      A motion was made by Commissioner Kesselring, seconded by Commissioner Fitos,
to adopt Resolution 07-R-284 granting the Plat Vacation for a portion of an Environmental
Easement in Dalton Woods Subdivision as petitioned by Howard and Fairy Eskildsen. The
motion was unanimously approved by the Board.

        Solid Waste/Ordinances - (Walk-on) - County Administrator Howard advised that on
July 11, 2007, the Board requested that staff look at extending the sunset date for the
existing Solid Waste Ordinance by 90 days to allow stakeholders time to provide more
input; increase the franchise fee from 10% to 15%, effective October 1, 2007; and to extend
the credit system for residential haulers until the new Solid Waste Ordinance took effect
(the credit system was currently scheduled to expire on October 1, 2007).
        Chairman McClain questioned why it was necessary to extend the credit system.
Assistant Solid Waste Director Mike Sims stated it was to allow existing franchise haulers
additional time to convert their equipment over, noting there would be a workshop held on
July 26, 2007 to further discuss the issues. He noted franchise haulers could opt out of the
credit system. Mr. Sims stated staff would prefer the public hearing stay as scheduled in
order to amend the existing Ordinance.
        Commissioner Kesselring stated he was not in favor of extending the deadline,
noting a drop dead date had already been determined and it kept being pushed back.
Commissioner Fitos noted she was also reluctant to postpone the deadline, but understood
there may be a consensus by the Board to do so.
        A motion was made by Commissioner Payton, seconded by Commissioner Fitos,
to extend the sunset date for the existing Solid Waste Ordinance by 90 days; increase the
franchise fee to 15% and extend the credit system for residential haulers until the new Solid
Waste Ordinance became effective. The motion was unanimously approved by the Board.

       Buildings & Grounds/Contracts & Agreements/Supervisor of Elections - (Walk-on) -
County Administrator Howard presented the following recommendation from Purchasing
Director Diane Tucker in regard to a Project Amendment - Supervisor of Elections Facility
Contract for Architect/Engineering Services.
       Description/Background: On May 17, 2005, the Board approved a contract with two
       (2) firms, Vitetta Group and Architecture Studio, Inc. to provide
       Architect/Engineering Services to Marion County. The contract allows the County

                                                                          Book J, Page 937
July 17, 2007


       to use either firm, depending on area of expertise, for various projects within the
       County.
       Architecture Studio, Inc. has been chosen to provide professional design services
       for the Supervisor of Elections Facility. The scope of work includes, but is not limited
       to the following: Design services for new HVAC system, Review lighting levels,
       power requirements, fire sprinkler layout, plumbing, and revise layout of fire sprinkler
       system; provide construction documents and construction administration services.
       Attached is the scope of services which includes fees.
       Budget Impact: The cost for the services listed above shall not exceed $52,500.00
       plus allowable reimbursables. The following charge code and project code will be
       utilized for this project 001-1270-562101 - SOEFAC3.
       Recommended Action: Motion to approve and execute a contract amendment with
       Architecture Studio, Inc., to provide professional design services for the Supervisor
       of Elections Facility.
       Deputy County Administrator Gisela Salas stated staff was requesting the Board
approve and execute a contract amendment with Architecture Studio, Inc., noting there
were time constraints involved to complete the building and have it ready for occupancy by
the end of the year. She advised that staff was waiting for approval from the Ocala City
Council in regard to the change of zoning request, which would take place on July 24,
2007.
       In response to Commissioner Payton, Ms. Salas stated that the contract amendment
was contingent upon approval by the City Council for the zoning request.
       A motion was made by Commissioner Payton, seconded by Commissioner Fitos,
to approve and execute contract amendment with Architecture Studio, Inc.
       In response to Chairman McClain, Facilities Management Director Andy Race
advised that once the design was completed staff planned to perform most of the work in-
house with the exception of the fire sprinkler system.
       The motion was unanimously approved by the Board.

       Advisory Committees - (10.A.) - Upon motion of Commissioner Kesselring, seconded
by Commissioner Fitos, the Board accepted the resignations of William E. Howe and Ruth
LaChance from the Planning Commission; Marvin R. Dooley from the Marion Oaks MSTU
for Recreation Services and Facilities; and approved executing letters of appreciation.

      Landfills - (11.A.) - Upon motion of Commissioner Payton, seconded by
Commissioner Fitos, the Board scheduled a public hearing on Tuesday, August 7, 2007 at
10:00 a.m. to consider adoption of an Ordinance relating to the County Code changing
Chapter 15 Solid Waste, Articles II and III.

      Garbage/Landfills - (11.B.) - Upon motion of Commissioner Fitos, seconded by
Commissioner Kesselring, the Board scheduled a public hearing on Tuesday, August 7,
2007 at 10:00 a.m., to consider an application for a Construction and Demolition (C&D)
Debris Collection Service Franchise by Emrick Hauling, Inc.

       Utilities - (11.C.) - Upon motion of Commissioner Kesselring, seconded by
Commissioner Fitos, the Board scheduled a workshop on Wednesday, August 8, 2007 at
9:00 a.m. to discuss the utility capital program, fund details and projects.

Page 938, Book J
                                                                            July 17, 2007


       Resolutions/Road Discontinuances - (11.D.) - Upon motion of Commissioner
Keselring, seconded by Commissioner Fitos, the Board adopted Resolution 07-R-285
scheduling a public hearing on Tuesday, August 21, 2007 at 10:00 a.m., to consider closing
a portion of NW 39th Terrace in Orange Lake Shores as petitioned by J. W. and Carlene
Chalkley.

       Resolutions/Road Discontinuances - (11.E.) - Upon motion of Commissioner Payton,
seconded by Commissioner Fitos, the Board adopted Resolution 07-R-286 scheduling a
public hearing on Tuesday, August 21, 2007 at 10:00 a.m., to consider closing a portion of
SW 102nd Place and Tract “B” in Rock Hollow Estates as petitioned by Philip A
Mercandante.

      Garbage/Landfills - (11.F.) - Upon motion of Commissioner Fitos, seconded by
Commissioner Kesselring, the Board rescheduled a public hearing from August 7, 2007 to
Tuesday, September 4, 2007 at 10:00 a.m., to consider an application for a Construction
and Demolition (C&D) Debris Collection Service Franchise by Affordable Land Clearing &
Hauling, Inc.

      Projects & Programs - (12.A.) - The Chairman acknowledged receipt of the July and
August 2007 Calendars.

       Communications - (13.) - For information and record, the Chairman acknowledged
receipt of the following Notation for Record correspondence, item A from County
Administrator Howard, and items B through J from Clerk Ellspermann:
       County Administrator:
       A.     Informational Items:
              1.     Old Business.
              2.     Emergency Purchase Order – Silver Spring Shores Fire Station
                     (Budget Impact – Not to Exceed $50,000).
              3.     Building Department Monthly Report – June 2007.
              4.     Solid Waste Monthly Litter Control and Operations Report – June
                     2007.
              5.     Zoning Department Monthly Report – June 2007..
       Clerk of Court:
       B.     Present letters received from Secretary of State’s office advising that
              Ordinances 07-15 (Impact Fees) and 07-16 (Zoning) were filed.
       C.     Present report of activity in the Drug Abuse Trust Fund for period ending
              June 2007.
       D.     Present Budgetary Financial and General Ledger Report for month ending
              06/30/07, pursuant to Chapter 136.06, Florida Statutes, including list of
              checks drawn on Commission Accounts. Also provided are detailed reports
              of account balances, revenues and expenditures.
       E.     Present Interim Financial Statements for the Solid Waste Disposal Fund and
              Marion County Utilities Funds for the period 10/01/06 through 6/30/07,
              received from Finance Director John Garri.
       F.     Present proposed budget in accordance with Chapter 190.008(2)(b)(c),
              Florida Statutes, received from the Village Center Community Development

                                                                       Book J, Page 939
July 17, 2007


                District.
      G.        Present letters received from Habitat for Humanity, Church Without Walls
                and the Marion Theatre in support of including the Retired and Senior
                Volunteer Program (RSVP) in the Fiscal Year 2007-2008 County budget.
      H.        Present regular Report of Utilization of Reserve for Contingencies received
                from Budget Director Tomich.
      J.        Present for information and record, minutes and notices received from the
                following committees and agencies:
                1.      Board of Adjustment - June 4, 2007.
                2.      Parks & Recreation Advisory Committee - April 18, 2007 and May 31,
                        2007.
                3.      PSC - Notice of Commission Hearing and Pre-hearing re: Progress
                        Energy Florida, Inc. to recover costs of Crystal River Unit 3 Uprate
                        through Fuel Clause.

      Garbage/Resolutions - (9.B.) - Chairman McClain advised that the public hearing for
      consideration of an Application to Award Construction and Demolition Debris
      Collection Service Franchise to Larose Enterprises Inc., had been withdrawn.

      There was a recess at 9:58 a.m.
      The meeting reconvened at 10:04 a.m. with all members present

       Resolutions/Road Discontinuances - (9.A.) - Deputy Clerk Windberg presented Proof
of Publication No. 000336594 entitled, “Notice of Hearing to Close and Abandon Roads”
published in the Star Banner newspaper on June 29, 2007. The Notice stated the Board
would consider adopting a Resolution closing a portion of Lake Weir Boulevard in Woodmar
Subdivision, as requested by Leslie S. Roberson:
       Planning Director Ganoe presented the following recommendation:
       Description/Background: Upon petition by Leslie S. Roberson, a public hearing was
       been scheduled to consider closing of a portion of Lake Weir Boulevard in Woodmar
       Subdivision. The surrounding portion of the platted roadway has previously been
       vacated. This request was considered by the Development Review Committee and
       it was that Committee's recommendation that the petition be granted.
       Budget Impact: None.
       Recommended Action: Upon Completion of the Public Hearing -
       Motion to Adopt Resolution (Attached) Abandoning Any Public Interest Held in That
       Portion of Lake Weir Boulevard Being Generally Described as the Westerly
       Extension of the Alley Lying Between Lots 6 and 7, Plat of Woodmar.
       Planning Director Dwight Ganoe advised that the applicant was not present.
       There was no public comment.
       A motion was made by Commissioner Kesselring, seconded by Commissioner Fitos,
to adopt Resolution 07-R-287 vacating (closing and abandoning) a portion of Lake Weir
Boulevard, generally described as the westerly extension of the alley lying between Lots
6 and 7 within the Woodmar Subdivision. The motion was unanimously approved by the
Board.

      Garbage/Resolutions - (9.C.) - Deputy Clerk Windberg presented Proof of

Page 940, Book J
                                                                             July 17, 2007


Publication No. A000337451 entitled, “Notice of Public Hearing to Award a Franchise for
the Collection, Transportation and Disposal of Commercial Solid Waste, Residential Solid
Waste and Construction and Demolition Debris Collection Service Franchise” published in
the Star Banner newspaper on June 29, 2007. The Notice stated the Board would consider
an application by All Star Services.
       Assistant Solid Waste Director Mike Sims stated the application was reviewed and
found to be in order. He advised that staff recommended approval of the application and
noted the applicant was present to answer any questions.
       There was no public comment.
       A motion was made by Commissioner Kesselring, seconded by Commissioner Fitos,
to adopt Resolution 07-R-288 awarding a Commercial and Residential Collection Service
Franchise to All Star Services in accordance with the Marion County Code, Chapter 16
Solid Waste, Article II, Garbage Collection, Removal and Disposal Facilities and Collection
Franchises, Division 2 Commercial Residential, and Construction and Demolition Debris
Collection Service Franchises, Section 16-30. The motion was unanimously approved by
the Board.

        Garbage/Resolutions - (9.D.) - Deputy Clerk Windberg presented Proof of
Publication No. A000334751 entitled, “Notice of Public Hearing to Award a Franchise for
the Collection, Transportation and Disposal of Commercial and Residential Solid Waste
Collection Service Franchise” published in the Star Banner newspaper on June 25, 2007.
The Notice stated the Board would consider an application by C & C Recycling of Central
Florida, Inc.
        Assistant Solid Waste Director Mike Sims stated the application was reviewed and
found to be in order. He advised that staff recommended approval of the application. Mr.
Sims stated the applicant already held a C & D license for Marion County and was also
doing business as (d/b/a) Busy Bee. He noted the applicant was present to answer any
questions.
        There was no public comment.
        A motion was made by Commissioner Kesselring, seconded by Commissioner Fitos,
to adopt Resolution 07-R-289 awarding a Commercial and Residential Collection Service
Franchise to C & C Recycling of Central Florida, Inc. in accordance with the Marion County
Code, Chapter 16 Solid Waste, Article II, Garbage Collection, Removal and Disposal
Facilities and Collection Franchises, Division 2 Commercial Residential, and Construction
and Demolition Debris Collection Service Franchises, Section 16-30. The motion was
unanimously approved by the Board.

       Budgets - Mr. Howard advised that staff was completing its review of the FY 2005-06
budget in order to try to adjust the FY 2007-08 budget to match those numbers and present
the results to the Board for review by the end of the week.
       Commissioner Kesselring questioned if the Board needed to continue the meeting.
Budget Director Michael Tomich stated the Board could continue until after the zoning
portion of the meeting and then continue the meeting until July 31, 2007 at 9:00 a.m.
Commissioner Kesserling questioned the possible need to rework the Employee Handbook
and recommended the Board set a workshop in the Fall to discuss issues in regard to the
matter. Commissioner Kesselring commented on potential Union negotiations, noting it
would be helpful to have the Employee Handbook revised by that time. He advised that he

                                                                        Book J, Page 941
July 17, 2007


would meet with Human Resource Director Drew Adams to discuss a date certain for the
workshop.
      Chairman McClain thanked staff for their hard work in regard to the budget
workshops. Mr. Howard thanked the Clerk and his staff for their help during the budget
process.

    There was a recess at 10:13 a.m.
    The meeting reconvened at 2:01 p.m. with all members present, except
Commissioner Stone.

        Ordinances/Zoning - (14.) - Deputy Clerk Bonvissuto presented Proof of Publication
No. O780799 entitled, “Notice of Intention to Consider Adoption of an Ordinance” published
in the Star Banner newspaper on July 2, 2007. The Notice stated the Board would consider
adopting an ordinance approving zoning changes and Special Use Permits.
        County Attorney Thomas L. Wright, Chief Assistant County Attorney Thomas D.
MacNamara, Assistant Planning Director Jimmy Massey, Site Planner Sam Martsolf, Senior
Planner Chris Rison, Planner II Natalia Cox, Executive Staff Assistant Carol Pacheco and
Planning and Governmental Relations Manager David Herlihy, Marion County Public
Schools were present.

       Ordinances/Zoning - (14.) - Site Planner Sam Martsolf advised that six petitions
listed on the consent agenda were recommended for approval by both the Planning
Department and Zoning Commission. It was noted that the Zoning Commission
recommended approval, as follows:
       Motion was made by Mr. Meadows, seconded by Mr. Fell, to approve the following
       six items on the Consent Agenda because they were recommended for approval by
       the Planning Department, they had no written opposition within 300 feet, and there
       was no opposition at the Zoning Commission meeting:
      1.   070701SU   Ocala Retail Partners, LLC         Special Use Permit in R-3    2.50
      2.   070706Z    Triple T Holdings & Development    M-1 to M-2                   6.00
      3.   070707SU   Triple T Holdings & Development    Special Use Permit in M-2    6.00
      4.   070710Z    School Board of Marion County FL   A-1 & M-1 to G-U            20.02
      5.   070711SU   School Board of Marion County FL   Special Use Permit in G-U   20.02
      6.   070712SU   Barbara Bruno & Valerie Losito     Special Use Permit in B-2    6.97
       Motion carried 4-0.
       It was noted that no one had signed up to speak in opposition to the consent
agenda. Chairman McClain clarified that the Board was considering Consent agenda items
14.A.1. through 14.A.6. and questioned whether there was any public comment.
       There being no opposition, upon motion of Commissioner Payton, seconded by
Commissioner Kesselring, the Board approved consent agenda petitions 1 through 6,
based on Planning Department staff findings and Zoning Commission recommendation that
the proposed uses were compatible with the surrounding land uses, were consistent with
the Comprehensive Plan, and would not adversely affect the public interest, as follows:

      Resolutions/Zoning - (14.A.) - 1. (Zoning Commission 070701SU - Consent) - The
Board adopted Resolution 07-R-290 granting a petition by Ocala Retail Partners, LLC,
10117 Princess Palm Avenue, #104, Tampa, FL, requesting a Special Use Permit of the

Page 942, Book J
                                                                                 July 17, 2007


Marion County Land Development Code, Section 5.2, for the purpose of allowing
commercial development encroachment into R-3 zone (Multiple Family Dwelling)
residentially designated areas, on a portion of Parcel No. 3530-0001-00. Resolution 07-R-
290 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.      No further encroachments of structures or improvements shall be made. Any
               further encroachment of structures or improvements will require
               consideration and approval via a new/revised Special Use Permit.
       3.      The authorized encroachments (structures and improvements) shall be
               established and used in conjunction with the adjoining shopping center
               development of which the encroachments are a part of. No stand alone
               commercial use (e.g. buildings, etc.) shall be established on the site.

       Zoning - (14.A.) - 2. (Z. C. 070706Z - Consent) - The Board granted a petition by
Triple T Holdings & Development, LLC, 10060 NW Hwy 225-A, Ocala, FL, requesting a
Zoning Change of the Marion County Land Development Code, Article 5, from M-1 (Light
Industrial) to M-2 (Heavy Industrial) for the intended use of an asphalt plant, and any other
use permitted in an M-2 zone, on Parcel No. 13247-001-00.

       Resolutions/Zoning - (14.A.) - 3. (Z. C. 070707SU - Consent) - The Board adopted
Resolution 07-R-291 granting a petition by Triple T Holdings & Development, LLC, 10060
NW Hwy 225-A, Ocala, FL, requesting a Special Use Permit of the Marion County Land
Development Code, Section 5.3, for the purpose of allowing an asphalt plant in an M-2
(Heavy Industrial) zone, on Parcel No. 13247-001-00. Resolution 07-R-291 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.    Development of the site shall be limited to those facilities (e.g., control office,
             plant, bins, tanks, drum/mixer, storage, staging, etc.) as shown on the
             conceptual plan. Any expansion or increase in the facilities shall require
             obtaining a new Special Use Permit for the expansion/modification.
       3.    The hours of operation for the complex shall be 6 am to 6 pm, with exception
             for only those materials and/or equipment necessary to service a “night work
             contract”. Prior to conducting such “night work” activities, the applicant shall
             provide copies of executed work contracts/orders to the Zoning Director
             documenting the contracted work and establishing the exception timeframe.

       Zoning - (14.A.) - 4. (Z. C. 070710Z - Consent) - The Board granted a petition by the
School Board of Marion County, P.O. Box 670, Ocala, FL, requesting a Zoning Change of
the Marion County Land Development Code, Article 5, from A-1 (General Agriculture) and
M-1 (Light Industrial) to G-U (Government Use), for the purpose of allowing development
of a public elementary school, and any other use permitted in a G-U zone, on Parcel No.
21068-000-02.

      Resolutions/Zoning - (14.A.) - 5. (Z. C. 070711SU - Consent) - The Board adopted
Resolution 07-R-292 granting a petition by the School Board of Marion County, P.O. Box

                                                                            Book J, Page 943
July 17, 2007


670, Ocala, FL, requesting a Special Use Permit of the Marion County Land Development
Code, Section 5.3, for the purpose of a public elementary school in a G-U (Government
Use) zone, on Parcel No. 21068-000-02. Resolution 07-R-292 contained the following
Condition:
       1.    The site shall be developed and operated consistent with the submitted
             conceptual plan and the conditions as provided with this approval.

       Resolutions/Zoning - (14.A.) - 6. (Z. C. 070712SU - Consent) - The Board adopted
Resolution 07-R-293 granting a petition by Barbara Bruno and Valerie Losito, 11570 South
US Highway 441, Belleview, FL, requesting a Special Use Permit of the Marion County
Land Development Code, Section 5.9.5, for the purpose of modifying previously approved
Special Use Permit #970421SU, to replace an existing tower with a 174-foot monopole
tower in a B-2 (Community Business) zone, on Parcel Nos. 39158-003-00 and 39158-004-
00. Resolution 07-R-293 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.     The terms and provisions of this Special Use Permit shall replace and
              supercede the terms and provisions of Special Use Permit 19970401SU,
              Resolution No. 1997-R-89.
       3.     The maximum height of the tower structure shall be 174', excluding
              equipment (e.g., antennas, dishes, etc.) which may project above the tower
              structure.
       4.     The applicant shall provide final certification for compliance with fall zone
              requirements with the application for a building permit.
       5.     Construction of the replacement telecommunications tower shall be
              completed, or subject to an issued un-expired building permit, within 2 years
              after the date of the approval of this Special Use Permit. If the tower is not
              completed and not subject to an issued un-expired building permit within 2
              years, the Special Use Permit shall expire/terminate.

        Resolution/Zoning - (14.D.) - 6. (Z. C. 070714Z) and (14.D.) - 7. (Z. C. 070715SU) -
In response to Chairman McClain, Senior Planner Rison advised that the two petitions
could be considered at the same time.
        14.D.6. (Z. C. 070714Z) - The Board considered a petition by Marion County, 601
       th
SE 25 Avenue, Ocala, FL, requesting a Zoning Change of the Marion County Land
Development Code, Article 5, from R-1 (Single Family Dwelling) to G-U (Government Use)
for the intended use of development of a fire station, and any other use permitted in a G-U
zone, on Parcel Nos. 3506-005-008, 3506-005-009, 3506-005-010, 3506-005-011, 3506-
005-012 & 3506-005-009.
        14.D.7. (Z. C. 070715SU) - The Board considered a petition by Marion County, 601
SE 25th Avenue, Ocala, FL, requesting a Special Use Permit of the Marion County Land
Development Code, Section 5.3, for the purpose of development of a fire station in a G-U
(Government Use) zone, on Parcel Nos. 3506-005-008, 3506-005-009, 506-005-010, 3506-
005-011, 3506-005-012 & 3506-005-009.
        Located: SR 200 southwesterly to SW 103rd Street Road, turn left; to SW 49th
        Avenue, turn right. The properties are on the right.
        PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 37 OF 47 = 78%.

Page 944, Book J
                                                                                July 17, 2007


        ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Fell,
        seconded by Mr. Oliver, to agree with staff findings and recommendation, and
        recommend approval of a Zoning Change from R-1 to G-U, and a Special Use
        Permit in a G-U zone for the purpose of Marion County Fire Station #32. Motion
        carried 3-1.
        Mr. Rison stated based on analysis and findings both staff and the Zoning
Commission recommended approval of the rezoning and Special Use Permit with
Conditions. He noted staff recommended the following Condition:
        1.     The site shall be developed and operated consistent with the submitted
               conceptual plan and the conditions as provided with this approval.
        Upon call for public comment, Christopher McIntyre, SW 113th Place, stated he had
been in New York and recently received the letter advising of the County’s desire to build
a fire station in front of his home. He advised that he objected to the proposal and was
aware that there was much opposition from residents within 300 feet. Mr. McIntyre
reiterated that he did not want a fire station in front of his house.
        Jose D. Cravo, SW 112th Lane, stated he was involved in collecting signatures from
78% of residents who were opposed to the fire station. He advised that he was present
today to ask the Board to reconsider the petition from those affected. Mr. Cravo stated
residents did not want a fire station to be erected in the neighborhood. He cited concern
with depreciation of property values, disruptive noise levels, and traffic issues on SW 49th
Avenue.
        Commissioner Kesselring questioned the process for selecting property and
presenting the request. Fire Chief Stuart McElhaney commented on the Ten Year Plan,
noting the Fire Department considered geography, not only people when locating stations
so as to complement one another. He advised that a need for a fire station on SW 49th
Avenue (which linked CR 484 and SR 200) was identified in 2000. Chief McElhaney
pointed out that SW 49th Avenue was a collector road and not an internal subdivision road.
He noted that permanent structures could not be constructed on greenway property, noting
the best scenario was to locate a fire station in the general vicinity and the land was already
owned by the County.
        Commissioner Kesselring questioned the reasons why not considering locations
south of CR 484 or north on SW 49th Avenue, closer to SW 95th Street. Chief McElhaney
advised that an existing fire station was situated about 1 mile south of CR 484 and Marion
County Fire Rescue (MCFR) was looking for a station halfway between SR 200 and Marion
Oaks, where this property was located. He commented on current discussions with a
developer for an in-fill location toward the northwest of SW 49th Avenue.
        Commissioner Payton questioned the percentage of calls related to fire fighting as
opposed to saving lives. Chief McElhaney stated approximately 75% of calls were for
emergency/medical, with the addition of automobile accidents that figure was closer to 85%
and 15% were actual structure type calls.
        In response to Commissioner Kesselring, Chief McElhaney addressed other fire
departments which abutted residential subdivisions, noting the station would not be internal.
He stated that in the 13 years he had been with the County there had never been one noise
complaint filed. Chief McElhaney stated the presence of a fire station had not been seen
to devalue property and in fact, The Villages had fire stations constructed on collector roads
which backed up to residential units, with no property devaluations. He noted other stations
were buried within subdivisions and had not receive complaints relating to noise or property

                                                                           Book J, Page 945
July 17, 2007


devaluation.
        Commissioner Fitos questioned whether site modifications would be made on the
proposed site due to the close proximity of residential homes. Chief McElhaney advised
that was correct, noting design was originally for a 3 bay station, which had been changed
to a 2 bay station. He noted that the Deputy Chief Cooper, attended a neighborhood
association meeting and provided a design/drawing of how the station would essentially
look. Chief McElhaney addressed buffering along the backside of the station due to existing
homes.
        Commissioner Kesselring questioned whether buffering would be added as a
condition of the Special Use Permit. Chief McElhaney agreed. Mr. Rison advised that a
public use facility located next to single family residential would require Type B Buffering,
which was a 25 foot wide 5 trees per 100 feet, 30 shrubs and a wall. Commissioner
Kesselring agreed that a vegetative buffer would not be enough buffer. Chief McElhaney
advised that a wall with a vegetative buffer was fairly standard where backing up onto
residential properties.
        A motion was made by Commissioner Kesselring, seconded by Commissioner Fitos,
to approve the rezoning based on Planning Department staff and the Zoning Commission
findings and recommendations that the proposed use was compatible with the surrounding
land uses, was consistent with the Comprehensive Plan and would not adversely affect the
public interest. The motion was approved by the Board by a vote of 3-1, with Commissioner
Payton voting nay.
        A motion was made by Commissioner Kesselring, seconded by Commissioner Fitos,
to adopt Resolution 07-R-294 granting the Special Use Permit, based on Planning
Department staff and the Zoning Commission findings and recommendations that the
proposed use was compatible with the surrounding land uses, was consistent with the
Comprehensive Plan and would not adversely affect the public interest, with an additional
Condition to include a Type B Buffer with an 8 foot wall located on the portion of the buffer
closest to the station with a 25 foot vegetative buffer (fire station, wall and 25' vegetative
buffer). The motion was approved by the Board by a vote of 3-1, with Commissioner Payton
voting nay. Resolution 07-R-294 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.     The site shall contain a 25 foot buffer with a eight (8) foot wall constructed on
               the interior buffer line.

        Resolutions/Zoning - (14.B.) - 1. (Z. C. 070508SU) - Senior Planner Rison noted the
petition was continued from the May 15, 2007 meeting.
        The Board reconsidered a petition by Pedro & Patricia Heng, 18277 NW 6th Street,
Pembroke Pines, FL, requesting a Special Use Permit of the Marion County Land
Development Code, Section 5.3, for the purpose of a bed and breakfast in an A-1 (General
Agriculture) zone, on Parcel No. 49561-014-00.
        Located: US 441 south to CR 42, turn left; to SE 170th Avenue, turn left; to 4th
        Driveway on right, which is 16525 SE 170th Avenue.
        PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 4 OF 13 = 30%
        ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Meadows,
        seconded by Ms. Shields Mangram, to disagree with staff findings and
        recommendation, and recommend approval of a Special Use Permit, with the

Page 946, Book J
                                                                               July 17, 2007


       Alternate Approval Conditions, in an A-1 zone for the purpose of a Bed and
       Breakfast Inn, based on the following findings of fact:
       1.      Is compatible with the surrounding land uses.
       2.      Is consistent with the Marion County Comprehensive Plan.
       3.      Will not adversely affect the public interest.
       Motion carried 4-1.
       It was noted that based on analysis and findings staff recommended denial of the
Special Use Permit, with the Zoning Commission recommending approval. Staff
recommended the following Alternate Approval Conditions if the Board granted the Special
Use Permit:
       1.      The site shall be developed and operated consistent with the submitted
               conceptual plan and the conditions as provided with this approval.
       2.      The bed and breakfast shall be an owner/occupied operation, with at least
               one of the fee simple property owners residing onsite.
       3.      No kitchens will be provided in any lodging units or suites.
       4.      No accessory structure shall be constructed until after a Certificate of
               Occupancy has been issued for the principal structure (residence).
       5.      A paved driveway apron shall be provided at the site’s driveway connection
               to SE 170th Avenue, including obtaining a new/updated driveway permit, prior
               to commencing operation of the bed and breakfast inn.
       Commissioner Kesselring questioned if the petition was continued for additional
information. Mr. Rison advised that was correct and noted staff initially opposed the request
for a Bed & Breakfast, noting it was indicated that it would be a type of retreat and
constituted others coming onto and staying on the property, which was the concern of staff.
He stated while it may not be a direct Bed & Breakfast, it had components which were
characteristic of a Bed & Breakfast. Chairman McClain stated the questions the Board had
were purely in regard to operation on the applicants part. Mr. Rison advised that additional
information was provided, which was included in the agenda packet.
       Commissioner Kesselring questioned staff objection to the Bed & Breakfast. Mr.
Rison advised that the property was located on a side road at the back of a flag lot, was
tucked in a neighborhood and was currently vacant property with no improvements.
       Commissioner Payton recalled the discussion revolved around not being a true Bed
& Breakfast, but rather more of a Christian Retreat that would not host those in a traditional
Bed & Breakfast venue. Commissioner Fitos agreed.
       Chairman McClain addressed the letter (dated June 29, 2007) from the Department
of Health relating to the well and septic tank. He noted it appeared that there was an
appropriate amount of property to meet requirements. Ms. Heng stated that was correct.
       Patricia Heng, applicant, SE 170th Avenue, Weirsdale, was present, noting her
husband had been deployed to Iraq and could not be present today. She stated the
structure would be a 5 bedroom home. In response to Commissioner Payton, Ms. Heng
presented a 2 page handout, which included a picture of the type of home to be
constructed.
       Commissioner Payton questioned what type of activities were envisioned to occur
in the proposed pavilion at the back of the property. Ms. Heng stated activities would
include picnics, outdoor eating, to keep people outside, and was part of Phase II of the
project, but was unsure it would be constructed. Commissioner Payton questioned the
maximum number of guests envisioned, if at full capacity at any one time. Ms. Heng stated

                                                                          Book J, Page 947
July 17, 2007


there would be no more than 15 overnight guests at any given time. She noted the intent
was to help others realize they had a purpose.
        Commissioner Fitos noted she was struggling with the zoning classification as the
proposal was not a Bed & Breakfast, however there was no other zoning classification that
applied in the Code. Mr. Rison stated the definition of a Bed & Breakfast was the
commercial version, which would be a retreat. He noted the applicant stated there was no
fee for individuals to stay, but it was still a situation where persons came and was unsure
how it would function in the context of the Code since there was no charge.
        In response to Commissioner Payton, Mr. Wright advised that the proposal would
have an impact, noting no more than one family unit could live on the property. Assistant
Planning Director Massey stated staff concern was typically that an existing single family
house accommodated a single family and did not include a commercial kitchen, multiple
septic tanks and wells on a property, which was the issue. He noted the Special Use Permit
could limit the use of the property. Commissioner Kesselring stated there was no reason
that a commercial kitchen could not be installed in a single family residence, or that 15
individuals could not be invited to that home three times a week.
        Mr. Martsolf noted that the request was not customarily allowed and did not fit into
any particular written specification, but was closest to a Bed & Breakfast. He stated
churches had to go through the same process, noting the applicants would advertise. Mr.
Martsolf stated the proposed use would function as a retreat.
        Commissioner Kesselring noted there was no condition included in relation to an
established time frame for review, which may be of concern due to the costs involved with
opening the operation. He suggested that a time frame for review be included in the
Conditions. Ms. Heng stated her willingness to ensure that the retreat operated as directed
by the Board.
        Upon call for public comment, Bill and Iris Roberts, SE 155th Place, Weirsdale,
appeared. Mr. Roberts described the surrounding area and noted he was advised that the
property would be a home for troubled boys. He stated the next he heard was that it was
proposed as a Bed & Breakfast, and now as a Christian home. Mr. Roberts noted concern
with the number of individuals visiting the property. Ms. Roberts stated they did not
purchase the property to be located next to a business, retreat, or home for troubled boys.
She noted when the road was constructed it was built right on the property line with no
contact from the owners. Ms. Roberts advised that she was told the property was being
improved to provide a home for troubled boys, which she opposed.
        Commissioner Kesselring questioned the amount of acreage. Mr. Rison advised that
it was 3 acres and were flag lots.
        Michael Cain, US Highway 42, commented on the number of individuals on the
property throughout the year. He questioned if there were no fees charged, would there be
donations. Mr. Cain noted concern with the amount of staff that would be required. He
stated he was opposed to the proposal.
        Ms. Heng stated she could understand residents concerns as she had not had the
opportunity to speak with them face to face. She noted the reason the request was
changed from Bed & Breakfast to Christian retreat was due to the classification. Ms. Heng
stated the maximum number of individuals at any given time would not exceed 15. She
advised that she would like to live peacefully with the neighbors no matter the outcome,
noting it was her desire to give back to the community.
        Commissioner Payton stated he respected what she was attempting to do in regard

Page 948, Book J
                                                                                July 17, 2007


to her willingness to give back to society, however the Board was charged with providing
public policy based on the entire community.
       A motion was made by Commissioner Payton, seconded by Commissioner
Kesselring, to deny the Special Use Permit based on Planning Department staff findings
and recommendation that the proposed use was not consistent with the surrounding land
uses, was not compatible with the Comprehensive Plan and would adversely affect the
public interest. The motion was unanimously approved by the Board (4-0).

         Zoning - (14.C.) - 1. (Z. C. 070601Z to 070601SU) - Senior Planner Rison noted the
petition was continued from the June 19, 2007 meeting.
         The Board considered a petition by Ralph and Colleen Kain, 1909 NE 63rd Street,
Ocala, FL, requesting a Zoning Change of the Marion County Land Development Code,
Article 5, from R-1 (Single Family Dwelling) to A-1 (General Agriculture) for the intended
use of allowing livestock, and any other use permitted in an A-1 zone, on Parcel No. 14849-
000-00.
         Located: NE 25th Avenue north to NE 63rd Street, turn left. The property is on the
         right at 1909 NE 63rd Street.
         PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 0 OF 12 = 0%
         ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Meadows,
         seconded by Mr. Lord, to agree with staff findings and recommendation, and in the
         absence of the property owner, recommend denial of a Zoning Change from R-1 to
         A-1 for the intended use of raising livestock consisting of two to three cows, and any
         other use permitted in an A-1 zone. Motion carried 5-0.
         Senior Planner Rison stated that based on analysis and findings staff recommended
denial of the rezoning, noting the Zoning Commission also recommended denial. He stated
that if the Board granted the Special Use Permit, staff recommended the following Alternate
Approval Conditions:
         1.      The site shall be developed and operated consistent with the submitted
                 conceptual plan and the conditions as provided with this approval.
         2.      A maximum of three (3) horses or cattle, or any combination thereof not
                 exceeding three (3) total, may be kept on the property. Foals and calves may
                 be kept on-site until weaned.
         3.      For the keeping of horses and/or cattle, the minimum square footage of
                 pasture area shall be 22,000 square feet for the first horse/cow and 20,000
                 square fee for each additional horse/cow.
         4.      Animal waste shall be removed from the property on a bi-weekly basis.
         5.      The Special Use Permit is effective for the total 3.00 acre site. Any division
                 or subdivision of the property will require approval through a new Special Use
                 Permit Application review.
         6.      This Special Use Permit shall expire July 31, 2010.
         Ralph Kain, applicant, was present. In response to Chairman McClain, Mr. Rison
advised that staff provided Alternate Approval Conditions. Chairman McClain questioned
whether the applicant had seen the Conditions. Mr. Rison noted the applicant had provided
additional information which was included in the agenda packet and was proposing to build
a large barn or workshop, which was permissible on A-1 or R-1 property and was not part
of the Special Use Permit issue. Mr. Kain stated he had not seen the Alternate Approval
Conditions. Chairman McClain addressed the Conditions to which Mr. Kain was agreeable.

                                                                           Book J, Page 949
July 17, 2007


      There was no public comment.
      A motion was made by Commissioner Kesselring, seconded by Commissioner
Payton, to adopt Resolution 07-R-295 with Alternate Approval Conditions 1 through 6. The
motion was approved by the Board by a vote of 3-1, with Commissioner Fitos voting nay.

        Zoning - (14.C.) - 2. (Z. C. 070614Z) - Senior Planner Rison noted the petition was
continued from the June 19, 2007 meeting. It was noted that the matter was previously
listed under the Consent agenda.
        The Board considered a petition by Marion County, 601 SE 25th Avenue, Ocala, FL,
requesting a Zoning Change of the Marion County Land Development Code, Article 5, from
A-1 (General Agriculture) to G-U (Government Use) for the intended use of future
development of a Road Department sub-station, and any other use permitted in a G-U
zone, on Parcel Nos.: 37532-001-00 & 37744-000-00.
        Located: Maricamp Road (CR 464) southeasterly to the subject property, which is
        located across from Lake Weir High School.
        PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 0 OF 15 = 0%
        Senior Planner Rison stated that based on analysis and findings both staff and the
Zoning Commission recommended approval of the rezoning.
        Commissioner Kesselring questioned whether the property was currently used as
a Transportation substation. Roads Manager Joe St. Pierre, Transportation Department,
stated that was correct. Commissioner Kesselring commented on access to SE 110th Street
Road and questioned if the primary access would be from SE Maricamp Road. Mr. St.
Pierre advised that was correct. Commissioner Kesselring questioned whether access
could be closed off from SE 110th Street Road. Mr. St. Pierre stated the access could not
be closed off as it was the only access to the parcel behind the substation site.
Commissioner Kesselring questioned if the road could be closed from the subject site so
that it was not accessed by the County. In response to Commissioner Fitos, Mr. St. Pierre
advised that the County did not use SE 110th Street Road and it could be closed off so that
the County could not access the road. County Engineer Mounir Bouyounes, Transportation
Department, advised that an existing gate closed off access to the road. He stated the road
could be closed off permanently if that was the Boards direction, but was not
recommended. Mr. Bouyounes stated the clearing was performed mainly by the pit area
and did not go further beyond that point to the south. He noted some trees were cleared,
but the access to SE 110th Street Road was not being used.
        There was no public comment.
        A motion was made by Commissioner Kesselring, seconded by Commissioner Fitos,
to approve the rezoning, noting there would be no access to SE 110th Street Road, based
on Planning Department staff and the Zoning Commission findings and recommendations
that the proposed use was compatible with the surrounding land uses, was consistent with
the Comprehensive Plan and would not adversely affect the public interest. The motion was
unanimously approved by the Board (4-0).

      Zoning - (14.D.) - 1. (Z. C. 070703Z) - The Board considered a petition by Jerry and
Vera Brewer and Terry and Mary Jo Brewer, 6895 SW SR 200, Ocala, FL, requesting a
Zoning Change of the Marion County Land Development Code, Article 5, from B-5 (Heavy
Business) to B-4 (Regional Business), for the intended use of allowing an automotive repair
and service center, and any other use permitted in a B-4 zone, on Parcel Nos. 35637-002-

Page 950, Book J
                                                                             July 17, 2007


00 & 35637-002-01 (portion of both properties).
         Located: SR 200 southwesterly. The property is on the right at 6895 SW SR 200,
         and is approximately 1500 feet southwest of the intersection of SW 80th Street.
         PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 1 OF 8 = 12%
         ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Meadows,
         seconded by Mr. Oliver, to agree with staff findings and recommendation, and
         recommend approval of a Zoning Change from B-5 to B-4 for the intended use of
         an automotive repair and service center, and any other use permitted in a B-4 zone.
         Motion carried 4-0.
         Senior Planner Rison stated that based on analysis and findings both staff and the
Zoning Commission recommended approval of the rezoning. He noted the site was located
in the SR 200 area with other compatible zoning classifications and would eliminate other
conditional zoning on the parcel. Mr. Rison advised that the subject site was also located
adjacent to another site where a Special Use Permit was being requested on the next case
to be heard today.
         Chairman McClain questioned the existing use on the property. Mr. Rison advised
that it was conditional zoning, which was essentially the equivalent of a Special Use Permit
in the past and the applicant was looking to eliminate the conditional zoning and re-zone
as a B-4 zoning classification.
         Commissioner Payton questioned the relationship to the following case. Mr. Rison
advised that the next case was a request for a Special Use Permit to allow an automotive
paint and body shop, which was not a permitted use in a B-4 zone. Commissioner Fitos
advised that case had been withdrawn. Mr. Rison advised that was correct and he stood
corrected. In response to Commissioner Fitos, Mr. Rison stated the applicant was still
requesting the rezoning to clear up the zoning and staff recommended approval.
Commissioner Fitos questioned if the applicant would have to request a Special Use Permit
to do anything other than rezone to B-4. Mr. Rison advised that was correct.
         Bob Rogers, Consultant/Engineer, SE 3rd Avenue, representing the applicant, was
present. He advised that his client currently owned an existing Auto Tech plaza and would
like to expand his building, noting the Property Appraiser’s website listed the property as
B-5, however, it was conditional only for mini-warehouses. Mr. Rogers noted his client
could not expand his business on that classification and was the reason for requesting the
B-4 zoning. He noted a paint and body shop required a Special Use Permit and both
applications were filed, but later withdrew the Special Use Permit application.
         Commissioner Payton questioned whether there were utilities. Mr. Rogers stated
there were not, but noted a sewer line and septic tank were being installed and there was
a lift station and as soon as able would pump it backward. He stated water lines went all
the way out in front and if utilities ever came the applicant would immediately connect. Mr.
Rogers noted the applicant was installing a fire well as there was nothing in the area to
serve the parcel.
         There was no public comment.
         A motion was made by Commissioner Kesselring, seconded by Commissioner Fitos,
to approve the rezoning based on Planning Department staff and the Zoning Commission
findings and recommendations that the proposed use was compatible with the surrounding
land uses, was consistent with the Comprehensive Plan and would not adversely affect the
public interest. The motion was unanimously approved by the Board (4-0).


                                                                         Book J, Page 951
July 17, 2007


       Zoning - (14.D.) - 2. (Z. C. 070702Z) - The Board considered a petition by Beel
Properties, Inc., Leslie Scales, P.O. Box 247, Weirsdale, FL, requesting a Zoning Change
of the Marion County Land Development Code, Article 5, from R-4 (Residential Mixed Use)
to A-1 (General Agriculture) for the intended use of agriculture use, specifically grazing
horses, and any other use permitted in an A-1 zone, on Parcel No. 49123-000-00.
       Located: Maricamp Road (CR 464) southeasterly to SE 120th Street, turn right. The
       property is on the left at 12434 SE 120th Street. The parcel is fenced.
       PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 1 OF 10 = 10%
       ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Fell,
       seconded by Mr. Meadows, to agree with staff findings and recommendation, and
       recommend approval of a Zoning Change from R-4 to A-1 for the intended use of
       grazing horses, and any other use permitted in an A-1 zone. Motion carried 4-0.
       Senior Planner Rison stated that based on analysis and findings both staff and the
Zoning Commission recommended approval of the rezoning. He noted staff recommended
approval as it would restore an agricultural zoning on properties in the Rural Lands.
       Leslie Scales, applicant, was present and advised she was here to answer any
questions the Board may have.
       There was no public comment.
       A motion was made by Commissioner Payton, seconded by Commissioner Fitos,
to approve the rezoning based on Planning Department staff and the Zoning Commission
findings and recommendations that the proposed use was compatible with the surrounding
land uses, was consistent with the Comprehensive Plan and would not adversely affect the
public interest. The motion was unanimously approved by the Board (4-0).

       Zoning - (14.D.) - 3. (Z. C. 070705Z) - The Board considered a petition by Daniel
DeCosta, 145 Lori Ann Lane, Winter Springs, FL, requesting a Zoning Change of the
Marion County Land Development Code, Article 5, from B-5 (Heavy Business) conditional,
to B-5 (Heavy Business) without conditions, for the intended use of outside sales and
storage of dirt, sand and decorative stone, and any other use permitted in a B-5 zone, on
Parcel No. 4505-006-012.
       Located: US 441 south to C-25 in Belleview, turn left. The property is on the left at
       the intersection of SE 102nd Terrace.
       PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 0 OF 31 = 0%
       ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Meadows,
       seconded by Mr. Oliver, to agree with staff findings and recommendation and
       recommend denial of a Zoning Change from B-5 Conditional to B-5, and recommend
       approval of a Zoning Change to B-4 with a Special Use Permit in a B-4 zone for the
       intended use of outside sales and storage of dirt, sand and decorative stone. Motion
       carried 3-1.
       Senior Planner Rison stated that based on analysis and findings both staff and the
Zoning Commission recommended denial of the rezoning.
       Commissioner Payton questioned the application. Mr. Rison clarified that the
applicant currently had conditional B-5 zoning (were granted a B-5 zoning with a Special
Use Permit) and were only permitted one use, noting the version of the property was B-2
with a Special Use Permit. He stated the applicant was now requesting to go to B-5, which
was an unrestricted zoning classification and noted staff recommended denial. Mr. Rison
advised that the Board had granted some B-4 zoning classifications in the area in the past

Page 952, Book J
                                                                              July 17, 2007


and Special Use Permits for a specific use, but had not granted a B-5, for instance.
        The applicant, Jacquline Porter, was not present. There was no public comment.
        Commissioner Fitos questioned the alternatives to what was currently on the
property. Mr. Rison advised that an alternative, which was approved across the street (B-4
with Special Use Permit) for the particular use of interest. Commissioner Fitos questioned
if that would be more compatible. Mr. Rison stated it would at least be similar to what had
been done in the area and keep within the residential character that was growing, as there
were additionally two hamlets going into the area.
        A motion was made by Commissioner Kesselring, seconded by Commissioner Fitos,
to deny the rezoning based on Planning Department staff and Zoning Commission findings
and recommendations that the proposed use was not compatible with the surrounding land
uses, was not consistent with the Comprehensive Plan and would adversely affect the
public interest. The motion was unanimously approved by the Board (4-0).

        Resolutions/Zoning - (14.D.) - 4. (Z. C. 070713SU) - The Board considered a petition
by Richard Riccaboni, 14370 NE 113th Terrace, Fort McCoy, FL, requesting a Special Use
Permit of the Marion County Land Development Code, Section 5.2, for the purpose of
allowing an aviary for keeping 30 birds in an R-4 (Residential Mixed Use) zone, on Parcel
No. 09573-002-12.
        Located: SR 40 east to CR 315, turn left; go approximately 12 miles to NE 114th
        Avenue Road, turn left; to NE 113th Terrace, turn right. The property is on the right
        at 14370 NE 113th Terrace.
        PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 10 OF 28 = 35%.
        ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Fell,
        seconded by Mr. Oliver, to agree with staff findings and recommendation and
        recommend denial of a Special Use Permit in an R-4 zone for the purpose of an
        aviary to keep 30 birds. Motion to deny carried 4-0.
        Senior Planner Rison stated that based on analysis and findings staff recommended
denial of the Special Use Permit, noting the Zoning Commission also recommended denial.
He stated that if the Board granted the Special Use Permit, staff recommended the
following Alternate Approval Conditions:
        1.      The site shall be developed and operated consistent with the submitted
                conceptual plan and the conditions as provided with this approval.
        2.      The aviary shall be limited to a maximum of 30 birds (chicks may remain on-
                site until weaned).
        3.      No commercial sales of birds shall occur on-site.
        4.      The aviary shall not be expanded and shall remain in its current structural
                form as of the date of this approval. Any expansion or structural change of
                the aviary will require obtaining a new Special Use Permit, except the
                addition of air conditioning service and necessary electrical service may be
                completed without requiring a new Special Use Permit.
        5.      All doors and windows of the aviary shall be kept closed, except when being
                used for ingress/egress.
        Richard and Shelly Riccaboni, applicants, were present and presented several
photographs of birds. He advised that his wife currently had an aviary located on the back
lot in a steel building, which was 20 x 25 feet. Mr. Riccaboni stated there were originally 4
large parrots in the open portion of the structure and the doors were used as a breeze way.

                                                                          Book J, Page 953
July 17, 2007


He noted the birds were in large flight cages at that point. Mr. Riccaboni stated a complaint
was made due to noise, which he admitted were noisy. He advised that the “aviary” was
closed every evening at 7:30 pm and was not opened again until 9:00 am., making no noise
in between. Mr. Riccaboni commented on conversation with the complainant to appease
his concerns with noise. He stated a disconnect occurred somewhere along the way and
addressed an incident that occurred when he was in Pennsylvania.
        Mr. Riccaboni stated smaller birds were given to his family and the parakeets and
cockatiels began breeding so they obtained a tax identification (ID). He stated a license for
the parrots was obtained from Tallahassee and his wife began to raise the birds and selling
them to Petco. Mr. Riccaboni stated his wife had medical conditions where she could not
work outside of the home and the birds afforded her an avenue for additional income. He
commented on modifications made to the larger flight cages and the interior of the aviary
to address noise. Mr. Riccaboni stated he was unaware of the need for a Special Use
Permit for an aviary. He stated he used a meter to gauge sound (decibel) levels and
described the surrounding area. Mr. Riccaboni advised that the impact on the neighborhood
from noise was almost none and the impact on the environment was zilch. He stated he
would agree to a temporary permit to ensure that neighbors would not be impacted.
        Ms. Riccaboni stated she did not sell any birds from her property, but met with the
Pet Supermarket truck at a different location. She advised that she had a contract with
Petco for the larger parrot babies.
        Upon call for public comment, Charles Barre, NE 113th Terrace, commented on the
noise. He stated he contacted Code Enforcement in regard to noise. Mr. Barre stated he
was aware that the applicant could keep 8 of the birds, which would be the loudest ones.
He advised that he did not know what else to do, but the noise was bad and he was going
to stand up for his rights.
        Ms. Riccaboni stated she did apologize to Mr. Barre about her behavior. Mr.
Riccaboni stated there had been no code violation in regard to noise, but did receive a
letter from Code Enforcement. He stated as of July 1, 2007 the birds no longer made
noises. Ms. Riccaboni stated all she wanted to do was raise birds and was unaware of the
need for the permit. Mr. Riccaboni advised that they would comply with any decision made
by the Board.
        Commissioner Fitos applauded the work that the applicants were attempting to
perform, noting it had morphed into a classic case of forgiveness rather than permission.
She stated the aviary was incompatible with the surrounding area and the impact was
negative. Commissioner Fitos noted the applicants had attempted to correct the situation
previously unaware of, yet it was not compatible for the subject parcel or the surrounding
area. She stated as much as she regretted the decision, a motion for denial would be
warranted.
        A motion was made by Commissioner Fitos, seconded by Commissioner Payton,
to deny the Special Use Permit based on staff and the Zoning Commission findings and
recommendations that the proposed use was not compatible with the surrounding land
uses, was not consistent with the Comprehensive Plan and would adversely affect the
public interest. The motion was unanimously approved by the Board (4-0).
        Mr. Riccaboni requested that he be given time to remove the birds. Commissioner
Kesselring questioned the number of birds currently located on the site. Ms. Riccaboni
stated there were parakeets and cockatiels which the County would end up taking as no
one wanted those birds. Chairman McClain questioned how many birds were permitted.

Page 954, Book J
                                                                               July 17, 2007


Mr. Martsolf advised that up to 8 birds could be kept within the residential structure, which
would only leave the applicants subject to barking dog type issues. Commissioner
Kesselring questioned whether the applicants must comply today with the Boards ruling.
Mr. Martsolf advised that issue was at the Boards discretion and noted he would give notice
to Code Enforcement of any ruling. Chairman McClain questioned whether there were any
hatchlings. Ms. Riccaboni stated she had 20 birds that would take 16 weeks to wean.
Commissioner Payton stated he would agree to 30 days to remove the birds, with
Commissioner Kesselring agreeing. Ms. Riccaboni advised that she could not sell the birds
before they were weaned. Commissioner Payton directed staff to advise Code Enforcement
that the applicants had 30 days in which to remove the birds.

       Resolutions/Zoning - (14.D.) - 5. (Z. C. 070708SU) - The Board considered a petition
by Jami McGregor and Timothy Whyatt, P.O. Box 953, Anthony, FL, requesting a Special
Use Permit of the Marion County Land Development Code, Section 5.3, for the purpose of
allowing an indoor boarding facility for small animals in an A-1 (General Agriculture) zone,
on Parcel No. 08412-002-00.
       Located: NE 25th Avenue north to CR 326, turn left; to NE Jacksonville Road (Old
       301), turn right; to CR 329 in Sparr, turn right; cross over railroad tracks to NE 25th
       Avenue, turn right. The property is on the right at 12200 NE 25th Avenue.
       PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 0 OF 10 = 0%.
       ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Meadows,
       seconded by Mr. Fell, to disagree with staff findings and recommendation, and
       recommend approval of a Special Use Permit in an A-1 zone for the purpose of an
       indoor, small animal boarding facility, based on the following findings of fact:
       1.     Is compatible with the surrounding land uses.
       2.     Is consistent with the Marion County Comprehensive Plan.
       3.     Will not adversely affect the public interest.
       The Special Use Permit shall include staffs Alternate Approval Conditions minus
       Condition No. 4, and the following specifics of boarding facility provided by Jami K.
       McGregor, V.M.D.:
       1.     “Approximately 1,350 sq. ft. facility on the back of my own farm property.
              Building design, style, and color will match our existing home structure.
              Building will be constructed of cement block with sound insulation installed
              on all outside walls for sound reduction.
       2.     There will be 10 dog suites inside the building. There will be no outside
              kennels. The dog suites will be contained within the building, heated/cooled
              and will provide NO outside access for the animals.
       3.     There will be 3 outside exercise areas for dogs to utilize 3 times a day. One
              dog per exercise area. Three dogs outside at one time. Each dog will be
              permitted outside for 20-30 minutes 3 times daily. For 10 dogs that would be
              1 ½ hours three times daily or 4 ½ hours total per day.
       4.     Dogs will not be permitted outside at night time or during the day when owner
              is not on the premises.
       5.     There will be a no climb fence around the perimeter of facility as well as three
              chain linked exercise areas for security. Once again, dogs will not be allowed
              outside without my supervision.
       6.     Driveway access to property is off of NE 25th Avenue. Clients will proceed up

                                                                          Book J, Page 955
July 17, 2007


               the driveway all the way out to the facility. There will be two gates passed
               when entering the property. Gates will only be open when facility is open for
               drop off and pick up times.
        7.     Parking lot will be in front of the facility. There will be approximately 4-5
               parking spaces allowing for drop off and pickup. Spaces will be normal size
               (10 x 20). Parking lot size will be whatever is needed to accommodate
               enough parking and backup area. There will be motion detector lights on all
               corners of facility. There will be no night time access to facility.
        8.     Drop off and pick up times are 8:00 am to 10:00 am and 4:00 pm to 6:00 pm.
               Other times will be scheduled ahead of time and by appointment only. Gates
               will be closed at all other times.
        9.     Facility will be approximately 35-40 ft. from property line to the north and
               approximately 90 ft. from the west property line. It will be approximately 257
               ft. from south property line and 1300 ft. to NE 25th Avenue.
        In the event of a conflict of conditions, the more restrictive condition shall apply.
        Motion carried 4-0.
        Senior Planner Rison stated that based on analysis and findings staff recommended
denial of the Special Use Permit, noting the Zoning Commission recommended approval
subject to removal of Condition No. 4 and the addition of 9 Conditions proffered by the
applicant. He stated that if the Board granted the Special Use Permit, staff recommended
the following Alternate Approval Conditions:
        1.     The site shall be developed and operated consistent with the submitted
               conceptual plan and the conditions as provided with this approval.
        2.     Boarding at the facility is limited to a maximum of 10 adult dogs and 10 adult
               cats. The breeding of dogs/cats in the facility is prohibited.
        3.     The dog kennel shall be limited to a maximum of 10 runs (1 per dog)
               constructed and enclosed in a fence at least 6 feet tall.
        4.     Dogs shall not be permitted in the outside runs except during the following
               times: 7:00 a.m. to 10:00 a.m. and 5:00 p.m. to 7:00 p.m.
        5.     Drop-off and pick-up of animals for boarding shall be limited to the hours of
               7:00 a.m. to 6:00 p.m.
        6.     The special use permit shall run with the owner/operator and not with the
               property.
        7.     The owner/operator shall reside onsite.
        8.     A division or subdivision of the land will require consideration and approval
               via a new/revised Special Use Permit. Any division or subdivision of the land
               without obtaining a new/revised Special Use Permit will be classified as a
               violation of this Special Use Permit.
        Commissioner Kesselring questioned whether staffs position had changed with the
Alternate Approval Conditions. Mr. Rison advised that staffs position remained unchanged,
noting there was some confusion in regard to a structure that was under construction at the
time, but it was indicated that the animals would not be kept there after all. He stated
further information was presented at the Zoning Commission meeting in regard to an
updated plan, but staff still had concerns regarding the drawing relating to the facility.
        Jami McGregor and Tim Whyatt, applicants, were present. Ms. McGregor noted that
she understood the recommendation was for approval and asked if there were any
questions. She noted the Alternate Approval Conditions she proffered were more restrictive

Page 956, Book J
                                                                                July 17, 2007


than those recommended. Ms. McGregor noted the structure referred to was a pole barn
type building where her horses and cows were kept. She stated the boarding facility would
be located behind the pole barn in the horse pasture.
        Ms. McGregor advised that this was a luxury boarding facility and would be no
different than a veterinarian boarding facility within its hospital area, noting there would be
no outside runs and would be totally contained inside. She stated she was a veterinarian
and the animals would be contained in suites inside the facility, with three areas for
exercising rooms outside where three dogs at a time could exercise. Ms. McGregor stated
the total capacity was 10 dogs and 8 cats, which would remain inside. She stated animals
could go outside for about 4 to 6 hours a day and would be indoors the remainder. Ms.
McGregor stated there would be no impact of noise as her house was the closest to the
kennel, which was not really a kennel as everything was contained inside. She noted it was
located on a 10 acre horse (breeding) farm and described the surrounding area.
        Commissioner Payton questioned whether there was any public opposition. Mr.
Martsolf advised that he was unaware of any opposition. Chairman McClain advised that
no one had signed up to speak today. There was no public comment.
        A motion was made by Commissioner Kesselring to adopt Resolution 07-R-296
granting the Special Use Permit with Alternate Approval Conditions with an additional
Condition to state that the animals would all be located inside (see following paragraph for
additional Condition), based on the Zoning Commission findings and recommendation that
the proposed use was compatible with the surrounding land uses, was consistent with the
Comprehensive Plan and would not adversely affect the public interest.
        Mr. Rison advised that the Zoning Commission recommended approval of the
Alternate Approval Conditions initially proffered by staff with adjustments for a series of 9
Conditions which they provided. Ms. McGregor stated she did not see the 9th Condition,
noting Condition 4 was removed as her specifications for the animals being out were more
restrictive. Commissioner Kesselring advised that Condition 9 stated the facility would be
located 35 to 40 feet from the property line to the north and 90 feet from the west property
line. Ms. McGregor advised that was included in the Conditions she proffered. Mr. Rison
agreed. Commissioner Kesselring stated he would add that the Special Use Permit be
reviewed in three years. Mr. Rison asked if that would be July 31, 2010. Commissioner
Kesselring agreed. In response to Chairman McClain, Commissioner Kesselring advised
that the 3 years was part of the motion. Commissioner Fitos seconded the motion.
        Chairman McClain advised that the only Condition being added was that the Special
Use Permit would expire in three years and the applicant would have to reapply. He noted
if there were no problems then it was likely that the Board would approve the permit. The
motion was unanimously approved by the Board (4-0). Resolution 07-R-296 contained the
following 17 Conditions:
        1.     The site shall be developed and operated consistent with the submitted
               conceptual plan and the conditions as provided with this approval.
        2.     Boarding at the facility is limited to a maximum of 10 adult dogs and 10 adult
               cats. The breeding of dogs/cats in the facility is prohibited.
        3.     The dog kennel shall be limited to a maximum of 10 runs (1 per dog)
               constructed and enclosed in a fence at least six (6) feet tall.
        4.     Drop-off and pick-up of animals for boarding shall be limited to the hours of
               7:00 a.m. to 6:00 p.m.
        5.     The special use permit shall run with the owner/operator and not with the

                                                                           Book J, Page 957
July 17, 2007


              property.
       6.     The owner/operator shall reside onsite.
       7.     A division or subdivision of the land will require consideration and approval
              via a new/revised Special Use Permit. Any division or subdivision of the land
              without obtaining a new/revised Special Use Permit will be classified as a
              violation of this Special Use Permit.
       8.     Approximately 1,350 sq. ft. facility on the back of Jami T. McGregor’s farm
              property. Building, design, style and color will match their existing home
              structure. Building will be constructed of cement block with sound insulation
              installed on all outside walls for sound reduction.
       9.     There will be 10 dog suites inside the building. There will be no outside
              kennels. The dog suites will be contained within the building, heated/cooled,
              and will provide NO outside access for the animals.
       10.    There will be three (3) outside exercise areas for dogs to utilize three (3)
              times a day. One dog per exercise area. Three dogs outside at one time.
              Each dog will be permitted outside for 20-30 minutes three (3) times daily.
              For ten (10) dogs that would be 1-1/2 hours three (3) times daily or 4-1/2
              hours total per day.
       11.    Dogs will not be permitted outside at night or during the day when owner is
              not on the premises.
       12.    There will be a no climb fence around the perimeter of the facility as well as
              three (3) chain linked exercise areas for security. Once again, dogs will not
              be allowed outside without Jami T. McGregor’s supervision.
       13.    Driveway access to property is off of NE 25th Avenue. Clients will proceed up
              the driveway all the way out to the facility. There will be two gates passed
              when entering the property. Gates will only be open when facility is open for
              drop off and pick up times.
       14.    Parking lot will be in front of the facility. There will be approximately 4-5
              parking spaces allowing for drop off and pickup. Spaces will be normal size
              (10x20). Parking lot size will be whatever is needed to accommodate enough
              parking and backup area. There will be motion detector lights on all corners
              of the facility. There will be no night time access to facility.
       15.    Drop off and pick up times are 8:00 a.m. to 10:00 a.m and 4:00 p.m to 6:00
              p.m. Other times will be scheduled ahead of time and by appointment only.
              Gates will be closed at all other times.
       16.    Facility will be approximately 35-40 ft. from property line to the north and
              approximately 90 ft. from the west property line. It will be approximately 257
              ft. from south property line and 1,300 ft. to NE 25th Avenue.
       17.    The Special Use Permit shall expire July 31, 2010. The applicant may submit
              a new Special Use Permit Application for consideration to renew and extend
              this permit in the future.
       In the event of a conflict of Conditions, the more restrictive Condition shall apply.

       Resolutions/Zoning - (14.E.) - 1. (Z. C. 070704SU) - It was noted that the petition by
Jerry & Vera Brewer and Terry & Mary Jo Brewer, 6895 SW SR 200, Ocala, FL, was
withdrawn. The petition requested a Special Use Permit of the Marion County Land
Development Code, Section 5.3, for the purpose of allowing a paint and body shop in a B-4

Page 958, Book J
                                                                             July 17, 2007


(Regional Business) zone, on Parcel Nos. 35637-002-00 & 35637-002-01 (portions of both
properties).

        Ordinances/Zoning - The Deputy Clerk presented Affidavits of Mailing and Posting
of Notices received from Zoning Director Michael May and Deputy Clerk Bonvissuto
regarding petitions for rezoning and Special Use Permits heard earlier in the meeting.
        Upon motion of Commissioner Kesselring, seconded by Commissioner Fitos, the
Board adopted Ordinance 07-18 amending the Marion County Zoning Map pursuant to
petitions heard earlier in the public hearing, and entitled:
        AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
        MARION COUNTY, FLORIDA, APPROVING REZONING AND SPECIAL
        USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE
        OFFICIAL ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE.

      There being no further business to come before the Board, the meeting was
thereupon recessed at 3:38 p.m. to July 31, 2007 at 9:00 a.m.

    The meeting was again called to order at 3:38 p.m. with all members present, except
Commissioner Stone.

        Zoning - (14.D.) - 3. (Z. C. 070705Z) - Mr. Massey advised that the applicant,
Jacquline Porter, was now present. He noted that Ms. Porter was not present when the
Board entertained the application and advised that the applicant wished to address the
Board.
        Mr. Finn advised that they had just returned from out of town and came directly from
the airport. Commissioner Payton stated he did not believe he would change his opinion,
but would move for reconsideration.
        A motion was made by Commissioner Payton, seconded by Commissioner Fitos,
to reconsider previous Board action. The motion was unanimously approved by the Board
(4-0).
        The Board re-considered a petition by Daniel DeCosta, 145 Lori Ann Lane, Winter
Springs, FL, requesting a Zoning Change of the Marion County Land Development Code,
Article 5, from B-5 (Heavy Business) conditional, to B-5 (Heavy Business) without
conditions, for the intended use of outside sales and storage of dirt, sand and decorative
stone, and any other use permitted in a B-5 zone, on Parcel No. 4505-006-012.
        Raymond Finn and Jacquline Porter, East Highway 25, Ocklawaha, were present.
Mr. Finn stated the background information was clear and noted the City had given its
approval. Mr. Massey stated the original request was to go from Conditional B-5 to B-5 and
at the Zoning Commission hearing that Commission recommended approval of a B-4
zoning with a Special Use Permit, which Mr. Rison eluded to earlier. He advised that he
would have to confer with the applicant, but staff agreed with the Zoning Commission
recommendation for a Special Use Permit in a B-4 zoning classification. Mr. Rison agreed.
        Commissioner Kesselring questioned if that was similar to what was across the
street from the subject site. Ms. Porter agreed, noting everything across the street and
along that section was zoned B-4 with the possible exception of a B-5 conditional property.
She stated the proposed use of the subject site was for the outside storage of sand, dirt,
decorative rock, etc. and was advised by the Zoning Commission that a Special Use Permit

                                                                         Book J, Page 959
July 17, 2007


on the B-4 would work. Mr. Finn advised that notices were sent out and there was no
opposition at the Zoning Commission hearings.
       Chairman McClain questioned if all parties were in agreement with the Special Use
Permit on the B-4 zoning classification. Mr. Massey noted staffs main concern was the
display along the main road, which was addressed by the Special Use Permit.
Commissioner Kesselring questioned if those conditions were included. Mr. Rison advised
that the Alternate Approval Conditions were not supplied as the request was for rezoning.
Commissioner Fitos questioned the Conditions for the Special Use Permit. Mr. Rison
advised that for a commercial use like that being requested required a Type E Buffer along
the main roadway, which required a continuous hedgerow with some plantings as well for
trees. He stated under the Industrial zoning classifications required screening for outdoor
materials. Mr. Rison stated if the applicant complied with the Type E Buffering and the
screening of outdoor materials required by the Industrial classification should be sufficient.
       In response to Chairman McClain, Ms. Porter and Mr. Finn advised they were in
agreement with the proposed Conditions. Commissioner Payton noted Commissioner
Stone would want an expiration date. Commissioner Fitos suggested 3 years.
       Mr. Finn stated it was his understanding that when the property was sold the Special
Use Permit went away. Commissioner Kesselring advised that was correct. Chairman
McClain noted that the Boards concern was with ensuring that the applicant lived up to the
Conditions. In response to Ms. Porter, the Board advised that the B-4 zoning would remain
in place and only the Special Use Permit would be affected. Ms. Porter advised that there
was no problem with the Conditions.
       A motion was made by Commissioner Payton, seconded by Commissioner Fitos,
to adopt Resolution 07-R-297 granting a Special Use Permit with Alternate Approval
Conditions 1 through 5, based on staff and the Zoning Commission findings and
recommendation that the proposed use was compatible with the surrounding land uses,
was consistent with the Comprehensive Plan and would not adversely affect the public
interest.
       Commissioner Kesselring noted concern with the property being 1/2 acre in size,
which was relatively small to have outdoor storage. Ms. Porter advised that it was the intent
to provide a service for the Del Webb Country Club neighborhood area and was not
comparable to Southern Stone on Baseline Road.
       The motion was approved by the Board by a vote of 3-1, with Commissioner
Kesselring voting nay. Resolution 07-R-297 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.      A Type “E” Buffer shall be provided along the subject property’s CR 25
               frontage.
       3.      The outdoor storage/display areas shall be buffered/screen consistent with
               Land Development Code outdoor storage requirements.
       4.      The Special Use Permit shall run with the owner/applicant.
       5.      The Special Use Permit shall expire July 31, 2010. The applicant may submit
               a new Special Use Permit Application for consideration to renew and extend
               this permit in the future.

      There being no further business to come before the Board, the meeting was
thereupon recessed at 3:45 p.m. to Tuesday, July 31, 2007 at 9:00 a.m.

Page 960, Book J
                                                                                July 17, 2007




                                                           ___________________________
                                                           Stan McClain, Chairman

Attest:



_______________________________
David R. Ellspermann, Clerk
          Adopted by the Board of County Commissioners on Tuesday, November 6, 2007.




                                                                           Book J, Page 961
July 17, 2007




                   THIS PAGE INTENTIONALLY LEFT BLANK




Page 962, Book J

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:1403
posted:7/22/2010
language:English
pages:36
Description: Tax Deed Sale Overbid Funds Nationwide document sample