Official Minutes of MARION COUNTY

BOARD OF COUNTY COMMISSIONERS

June 6 2018

CALL TO ORDER The Marion County Board of County Commissioners met in a special session in Commission Chambers at 200 pm on Wednesday June 6 2018 at the Marion County Governmental Complex located in Ocala Florida

INTRODUCTION OF PUBLIC HEARINGS BY CHAIRMAN KATHY BRYANT Chairman Bryant advised that two public hearings were scheduled this afternoon to consider the Golden Ocala Development Projects The first public hearing is in regard to the Planned Unit Development Amendment and the second public hearing is in relation to the Developers Agreement

PLEDGE OF ALLEGIANCE The meeting opened with the Pledge of Allegiance to the Flag of our Country

ROLL CALL Upon roll call the following members were present Chairman Kathy Bryant District 2 Vice-Chair Michelle Stone District 5 Commissioner David Moore District 1 Commissioner Jeff Gold District 3 and Commissioner Carl Zalak District 4 Also present were County Attorney Matthew G Minter and County Administrator Mounir Bouyounes

Seated behind the County Attorney and County Administrator are County Engineer Tracy Straub Office of the County Engineer (OCE) and Public Relations (PR) Director Nick Zoller

The Deputy Clerk received the following documents a 1 page Agenda a 100 page document regarding the Golden Ocala Development Projects a corrected colored map (with an arrow showing the direction of North) and a 1 page handout entitled Item 1 mdash 20180611Z

OPENING REMARKS mdash Chris Rison AICP Senior Planner

Public Hearing to Consider 20180611Z mdash RLR Investments LLC Equestrian Operations LLC et al Golden Ocala Planned Unit Development (PUD) Amendment +371282 Acres

Proof of Publication Deputy Clerk Bonvissuto presented Proof of Publication of a display ad entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on May 24 2018 The Notice states the Board will consider approval of a rezoning application and adoption of a proposed Ordinance The Board considered a petition by RLR Investments LLC et al (owners) David Tillman PE Tillman amp Associates Engineering LLC (applicant) 600 Gillam Road Wilmington Ohio for a Zoning Change Articles 2 and 4 of the Marion County Land Development Code from A-1 (General Agriculture) and PUD (Planned Unit Development)

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to PUD (Planned Unit Development) on approximately 371282 acres of multiple Parcel Account Nos (180611Z)

WRITTEN OPPOSITION WITHIN 300 FEET 0 of 255 = 0 PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad seconded by Mr Lourenco to agree with staffs findings and recommendation and recommend approval of the requested PUD Modifications based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses The motion passed 7 to 0

It was noted that both Growth Services Department staff and the Planning and Zoning (PampZ) Commission recommend approval with the following Master Plan Recommended Conditions

1 The PUD shall be developed consistent with the conditions outlined herein and the requirements of Marion County Comprehensive Plan Future Land Use Element Policy 1051

2 The project shall comply with the maximum development amounts as provided in Table 3 the projects Master Plan consisting of the Overall Master Plan and WEC Plan as depicted on the Master Plan submitted 05162018 and the conditions of this approval

3 Development types and standards shall be conducted consistent with the types and minimum standards as provided in Tables 7 and 8

4 No Equestrian Estate lot created shall be less than three (3) acres in size measured exclusively of any right-of-way or access easements (except to the extent such access easements provide access between lots and platted streets are designed to permit the use of shared driveways to provide such access or are designated easements for utilities or equestrian trails)

5 The commercial and other non-residential entitlements may be used for all non-residential uses allowed in the Commercial Land Use category of the Marion County Comprehensive Plan which allows for development focused on retail office and community business

6 Development amounts within the project may be adjusted (increased decreased) subject to conformance with the Land Use Exchange Matrix Table below and the following provisions REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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June 6 2018

to PUD (Planned Unit Development) on approximately 371282 acres of multiple Parcel Account Nos (180611Z)

WRITTEN OPPOSITION WITHIN 300 FEET 0 of 255 = 0 PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad seconded by Mr Lourenco to agree with staffs findings and recommendation and recommend approval of the requested PUD Modifications based on the following findings of fact 1 Will not adversely affect the public interest 2 Is consistent with the Marion County Comprehensive Plan 3 Is compatible with the surrounding land uses The motion passed 7 to 0

It was noted that both Growth Services Department staff and the Planning and Zoning (PampZ) Commission recommend approval with the following Master Plan Recommended Conditions

1 The PUD shall be developed consistent with the conditions outlined herein and the requirements of Marion County Comprehensive Plan Future Land Use Element Policy 1051

2 The project shall comply with the maximum development amounts as provided in Table 3 the projects Master Plan consisting of the Overall Master Plan and WEC Plan as depicted on the Master Plan submitted 05162018 and the conditions of this approval

3 Development types and standards shall be conducted consistent with the types and minimum standards as provided in Tables 7 and 8

4 No Equestrian Estate lot created shall be less than three (3) acres in size measured exclusively of any right-of-way or access easements (except to the extent such access easements provide access between lots and platted streets are designed to permit the use of shared driveways to provide such access or are designated easements for utilities or equestrian trails)

5 The commercial and other non-residential entitlements may be used for all non-residential uses allowed in the Commercial Land Use category of the Marion County Comprehensive Plan which allows for development focused on retail office and community business

6 Development amounts within the project may be adjusted (increased decreased) subject to conformance with the Land Use Exchange Matrix Table below and the following provisions REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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Land Use Trip Equivalency Matrix A LAND USE EQUIVALENCY RATES

CHANGE TO Rsaitlantial

CHANGE Genital Office bull Retell FROM lout revel (Rooms) MOOD SF) (10011SF)

Shigis-FainlyHousing (DO) 9V - - 19434 13290 05351 03486 05146 - 06839 02753 01794

Hotel(Rooms) - 07524 J 1A623 - 04026 02623 Office(1000SF) 18689 36321 24839 - 06514

CarnelianidRaga 28889 55755 38129 15351 -6- EQUIVALENCY EXAMPLES

It ADOHOTELROOMS Add100hotelrooms for CU ofResidentialCondominkenTownhouse = 100hotel rooms106839 DU ofResidentialCondominlinniTovalhouse =14622 x (DUIResidentialCondondnitimrTownhouse =ReduceResidentialCondominkinifTovmhousely 146dwellIngyints

EXAMPLEZ TRAM RETAIL TOOFFICE Trade 10000 SF 01CommercialROW for(1000) 8FofOffice =(10KSF)CommercialRetail x 15351(1000 8F) of Office =15351 x (1000) SF Office =153518F Office

EXAMPLE- 3-_--ADO68lG EFJiMLfHOUS01GirFROMCO CIMRETJiIL Add150DU ofSingle-Family Housing torCommercialRetail = 150DU ofSIngle-Fantily Housing128689 (1000 8F)CommercialRetail = 52285 x (1000) SF CommercialRetail =Reduce Conedil Retail 5285SF

C SOURCE INFORMATION AND DOCUMENTATION FOR EQUIVALENCY RATES bull -bull- 4-- _

Lang TrigsPI Tits Single-Fanilly Housing(ITE 210) 1 (DU) 7750 0618

ResidentialCondominiumTownhouse (ITE 230) 1 (DUI 7750 0318 Hotel(ITE 310) 1 (Rooms) 7750 0465

GeneralMice(ITE 710) 1 (1000 SF) 7750 1155 CommercialRetail bull I 1 000 = 5115 1773

D FOOTNOTES

(11 Trip Rata baseduponITE Ts GNI0110017NNWampMonpmpeek-hourtrip generationratesasMims Single-Fes ObtainedusingtheDipGensraliondeveloped forthGolden OcalaPUO DA to1TELUC210

ResidentCondomirawalTownhoune Chainedusingthe Trip GerieratkeidevelopedfortheGoldenOcalaPLC TM for OELUC MC Hoot Obtainedusingthe Trip Generation developedto theGoldenOrsiee170 11A to17ELUC 310

General Wilke Obtainedusingihe17E1GenerationSinMon terITELUC710 CornmerdetRetail PAW usinginshipGeneradeveloped forasGoldenOatsPUO AAforITELUC CO

173 NewisbaseduponWenCapture andPeraby Capture (1bullICIO- (1-MO internalcaptureporceniepeviesepplisdbased ongalalp genenreontorduiproposed deveinponsidprogramPasswasapplied to theshoppingMINIlandusecoraistantwith the trip generationapprovedfor theproposeddevelopmentpogrom

leemetilleslcaraseuxileoleinsmaiplertpegraiimiewry smebtxslexitip eq orbix fupotaled)

61 The land use conversion table allows for land use conversions to ensure there is no net increase in development impacts without the requirement for a comprehensive plan amendment

62 The land use tradeoff mechanism shown above applies to the entire Project boundary except that 621 Within the portion of the project that was the subject of FLUE

amendment 2017-L02 Equestrian Estate is the only allowed use and

622 Within the portion of the project where Equestrian Estates are eligible for conversion only single family residential is permitted Density will not exceed one unit per acre as described by the Low Residential Future Land Use and connection to central water and sewer service provided by Marion County Utilities is required upon conversion

623 Land use conversion is not permitted within the area designated as Equestrian TruckTrailer Parking as shown on the approved PUD Master Plan

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7 Direct vehicular access to NW 100th Avenue south of the northwest quarter of the southwest quarter of Section 11 Township 15 Range 20 is prohibited

8 The developer has not obtained full Concurrency Certification for the PUD and shall address and comply with Marion Countys Concurrency Management System including providing for proportionate share for transportation improvements consistent with Sections 1633180 and 38006 Florida Statues upon proceeding through Marion Countys subsequent development review process as contained within the Marion County Land Development Code (LDC Article 1 etc)

9 The commercial common and non-residential areas World Equestrian Center and individual lots and homes (entire project) shall utilize water conservation techniques Such techniques may include indoor irrigation and landscaping practices as selected by the Developer required certifications for irrigation contractors working within the development wastewater contribution for municipal reuse reuse water for irrigation of common areas maximum irrigable areas or other landscape and vegetative requirements To the extent possible these techniques will be identified in the developments documents related to covenants and restrictions and may be included in subsequent developer agreements with Marion County Utilities

10 No structures are permitted in locations where FEMA designated special flood hazard areas or modified floodplain are privately owned and utilized as stormwater retention areas to meet Marion County Land Development Code Stormwater Standards These areas must be identified on all final plats and reflected in owners deeds This condition may be waived on a case-by-case basis when calculations are provided by a licensed professional demonstrating that compensating storage is accomplished and approved by the County Engineer Further the applicant will be required to file a map amendment with FEMA

11 All project development shall be served by central potable water and central sanitary sewer services both of which shall be provided by Marion County Utilities andor its successorsassigns prior to the issuance of any project Certificates of Occupancy or equivalent final inspection with the services installed andor developed consistent with the LDC The professional (sales center) office may be established using a temporary on-site treatment disposal system (OSTDSseptic) however the office shall be connected to central sanitary sewer service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central sanitary sewer is now available to the office

12 For the World Equestrian Center the following conditions apply 121 Parking in the Right ofWay is prohibited The applicant is responsible

for ensuring adequate signage and directions to the Centers parking areas are visible to patrons along with providing supplemental signs to indicate parking in the right-of-way is not permitted in order to prevent such parking

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122 Ingressegress at NW 100th Avenue is prohibited for event traffic except through the northernmost entrance specifically used for access to the Equestrian TruckTrailer Parking Area

123 The facility will utilize centralized water for potable use and central sewer provided by Marion County Utilities A non-potable water source may be implemented for ancillary uses such as fire flow and equestrian facility maintenance (eg animal wash stations dust control etc)

124 The height of all buildings (other than non-occupied architectural features constructed of non-combustible materials and at a height of no more than 75 feet) shall be less than 65ft from the ground surface

125 The following events are allowed equine events (eg horse shows) household animal events (eg dog shows and cat shows) convention and auditorium usage (eg high school graduations) gun and knife shows car shows RV shows and uses that are similar in function and reasonably anticipated to have a similar impact on surrounding properties Any other events will require a special event permit

126 All facility lights shall be aimed toward the subject property and shielded to minimize glare and light trespass onto adjacent agriculturalresidential properties as required by the LDC and no LDC waivers for such requirements may be authorized

127 Sound Amplification shall not exceed limits set forth in Section 13-7 of the Marion County Municipal Code of Ordinances (noise ordinance)

128 The site shall be designed and maintained to minimize erosion wetland degradation and wasteful water use This will be ensured through enrollment in Best Management Practices identified by a Notice of Intent filed with the Department of Agricultural and Consumer Services as periodically revised or compliance with a Nutrient Management Plan prepared by a professional engineer that is a NRCS approved Technical Service Provider (if BMP enrollment is not required by FDACS)

129 Livestock waste (manure and bedding) shall be stored in a watershytight structure that will not allow stormwater discharge At no time shall livestock waste be allowed to accumulate beyond the threshold of the livestock waste storage area Waste storage may include roll-off containers provided that they are water tight

1210 Jurisdictional wetlands and special flood hazard areas are to be delineated agency-verified and included in the details of the Major Site Plan

13 Project buffers shall be provided consistent with Table 9 Buffers for the project may be established and maintained in easements or independent tracts separate from residential commercial or WEC complex properties with the ownership and maintenance addressed with the final approval of their corresponding development phase or activity (eg Final Plat Major Site Plan etc) No accessory structures for the residential commercial or WEC complex properties shall be placed in the buffers Buffer support

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facilities and overall project community amenities (eg wells irrigation pump house equine trails multi-modal paths sidewalks etc) may be integrated with the buffers subject to ensuring the buffers achieve their intended purpose of screening light noise dust and other similar effects particularly in relation to the WEC complex Trees and shrubs may be clustered thereby creating a non-continuous but aesthetically pleasing screen to adjacent properties however groundcover must be present in sufficient quantities and locations to prevent offsite erosion Existing vegetation is eligible for inclusion to meet minimum requirements and native vegetation is encouraged Equestrian or multi-use unpaved trails and sidewalks are permitted within the buffer area

14 The overall project may be developed in sections or phases subject to providing an overall coordinated section or phase related plan to ensure each section or phase stands alone Upon completion of the Development Review Committees PUD Master Plan review each PUD Master Plan including the final architectural details development phasing amenity details shall be brought forward to the Marion County Board of County Commissioners for final review and approval consideration by the Board

15 The PUDWEC Master Sign Plan shall consist of two component parts 151 The Master Sign Plan as submitted by prior PUD Rezoning

Application 20170605Z focused on the PUDs non-WEC entries such as subdivision walls etc and

152 The WEC complex Master Sign Plan applicable to the WEC arenas and barns (logo and title lighted and unlighted) and two gateway monument gang signs are approved Additionally a third gateway monument gang sign is authorized for the common access point anticipated at the point where the residential and commercial development areas meet along the PUDs northeast frontage along W Hwy 27 upon approval of companion development plans for that area (eg subdivision platting Major Site Plan etc)

Staff Presentation Senior Planner Chris Rison AICP Growth Services advised that todays public hearings are related to 2 items one of which is a rezoning request relating to the PUD Amendment for the existing Golden Ocala PUD This project is located in northwestern Marion County between SR 40 and US Highway 27 and west of NW 80th Avenue Road NW 70th Avenue and NW 80th Avenue and east of NW 100th Avenue however there are small portions west of the northern extension of NW 100th Avenue which is NW 95th Avenue Road The second item is a Development Agreement which relates to the overall project for coordinating access improvements concurrency proportionate share and other impact fee credits as well as some other items The two items are technically 2 separate public hearings and require separate motions but the Board of County Commissioners (BCC) can work them together if they so desire Mr Rison referred to the map shown on the overhead screens noting the northern portion is off US Highway 27 and the crosshatch shaded areas are areas that are technically being added to the project approximately 215 acres overall The southern portion of the project also has a couple of other areas one of which is off SR 40 where there is a question in regard to two additional proposed entrances The overall PUD Amendment is

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asking for a series of items 1) adding 215 acres 2) adding 2 access points on West Highway 40 3) approving a Professional Office real estate sales center off of the new Highway 40 access and 4) approving a Master Sign Plan related to the World Equestrian Center (WEC) itself The Master Sign Plan would be 2 monument signs and staff has recommended approval for a potential third sign in the long-term future which is being addressed with this request Mr Rison referred to the overall Master Plan (shown on the overhead screens) and noted the additions are areas highlighted in green He stated S is the Master Sign proposal and the Master Sign proposal related to the WEC Staff is recommending that a third point be provided for in the northeastern corner At the southeastern corner of the site off Highway 40 is the proposed location for the 2 additional access points and then the home sales center location off of that access route The Master Plan updates the PUD information regarding the project and also includes an inset plan of the equestrian center which is to be absorbed into the overall PUD project for the request The WEC has multiple activities and uses within in including the 5 arena barns one of which is the outdoor arena Mr Rison referred to an example of the monument sign (shown on the overhead screens) that is proposed at the entrances to the gates on Highway 40 and NW 80th Avenue Also proposed as part of the Master Plan are some illuminated signage that will be on the arenas themselves for instance their illuminated horsehead logo On the ends of the 2 arena barns another logo that has the name of project is proposed Staff recommendation is for approval of the request as it has been proposed however an adjustment to Condition No 11 is suggested In regard to the application for the sales center because it is isolated from the rest of the project staff recommends going ahead and temporarily being on septic tank and well until the systems are extended and get to this area At the point when the county issues an availability notice they would then connect within 90 days Mr Rison reiterated that staff is recommending approval of the PUD He stated they can move on and discuss the Development Agreement if the Board so desires or they can go ahead and focus on the PUD Chairman Bryant suggested they focus on the PUD since 2 separate motions have to be made and then they can come back to the Development Agreement Jimmy Gooding SE 36th Avenue attorney representing the applicant was present and advised that one of the main issues today is going to be the driveway which is involved in both applications respectfully requested that it may be more efficient to allow Mr Rison to make the presentation in regard to the Development Agreement so as to only make the presentation once Chairman Bryant agreed

Public Comment Public comment was heard in the second public hearing (below)

Board Discussion Board discussion occurred in the second public hearing portion (below)

Public Hearing to Consider 2018-DM02 mdash RLR Investments LLC Equestrian Operations LLC et al Golden Ocala Chapter 163 FS Development Agreement for Concurrence Impact Fee Credits Proportionate Share etc (Ed Note FS is the abbreviation for Florida Statutes)

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Proof of Publication Deputy Clerk Bonvissuto presented Proof of Publication of a display entitled Notice of Public Hearing to Consider Golden Ocala Development Agreement published in the Star Banner newspaper on May 30 2018 The Notice states the Board will consider approval of a Development Agreement to be entered into pursuant to Sections 1633220 through 1633243 inclusive Florida Statutes between RLR Investments LLC Equine Operations LLC et al and Marion County Florida

Staff Presentation Senior Planner Chris Rison AICP Growth Services advised that the Development Agreement will modify some pre-existing Development Agreements that are in place on the property as well as others that were required but never completed This project was then proposed which significantly changed the character of the overall site itself and the former agreements are jointly listed by reference Additionally the project has now been designated as a development of regional impact (DRI) through the Comprehensive Plan The agreement addresses concurrency future impact fee credits proportionate share utility Equivalent Residential Connections (ERCs) the 2 additional entrances and their buffering The agreement went before the PampZ Commission on May 30 2018 The PampZ Commission supported the request noting issues that need to be worked out by staff and in relation to buffering Each of the agreements that were left outstanding by staff with the applicant have been resolved and are noted in the materials as the green text that are highlighted to show what was ultimately agreed to The remaining item is the ultimate resolution of the new access points and their buffering requirements Concerns were raised at the PampZ Commission hearing and there were going to be additional discussions and meetings Staff has not been fully appraised on the outcome of those and are looking to see if modifications have been made or what has originally been proposed Copies of materials from the original proposal can be shown on the overhead screens if the Board so desires It was the general consensus of the Board that the original proposals do not need to be shown Mr Rison advised that staff is recommending approval at this point once they actually work through the buffering issue for the new driveways Mr Gooding stated Mr Rison has adequately explained the zoning PUD aspect of this application He recalled that when the Board approved the Comprehensive Plan Amendment (CPA) and the then Settlement Agreement that followed it up the BCC was pretty clear if not emphatic that it wanted the developer to promptly proceed with the Concurrency Agreement which is here today as well as the specifics on the driveway These are not surprises but things they will need to do that the Board wanted done sooner rather than later Mr Gooding noted that a question at the PampZ Commission hearing was posed and advised that some of the properties in the northwest corner that are being added currently have a Rural land use as is the property to the south Those parcels cannot be developed at densities greater than that allowed by the Rural land use unless and until they come in with a CPA The properties can be left with Rural densities but if changed they will already be within the PUD boundary Commissioner Zalak asked if that type is in the PUD noting he was not sure by the explanation in the package Mr Gooding advised that it is clear in the presentation staff pointed out that they would get no more densities than allowed by the underlying land use

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Mr Gooding advised that the driveway issue is involved in both which he will address last He noted Mr Rison adequately explained the Concurrency Agreement and stated he will briefly dwell into a couple more points The agreement deals with a number of issues some that is seen in there may be a bit surprising such as proximity to schools local hospitals etc As the County Attorney can confirm Chapter 163 FS governs these and requires some of those things to be included What is important is that the agreement establishes the proportionate share mitigation that his client is obligated to provide which is based on a statutory formula and the number a little under $6000000 was reached after discussions between their transportation consultant Kimley-Horn amp Associates and county staff Mr Gooding noted Amber Garten is present for Kimley-Horn He advised that his client is going to pay or provide the $6000000 in two ways by providing several improvements called Initial Intersection Improvements in the agreement which includes the addition of several turn lanes going in various directions at the intersection of NW 80th Avenue and Highway 27 where most of the work will occur The other intersection improvement is at NW 80th and SR 40 Those initial intersection improvements will be made even though the traffic study did not indicate that all of them were necessary at the present time for two reasons One is due to concern expressed by the BCC and others about NW 80th Avenue and secondly is because they want the road to work without any problems so that people can get to the facility Against that proportionate share (prop-share) mitigation obligation they will receive impact fee credits per statute for the construction cost and the difference will be paid in cash by 2023 even though NW 80th Avenue is not yet on the Capital Improvement Plan (CIP) for widening Because some of the work is not yet on the CIP this agreement has to be approved by a supermajority which is at least 4 out of 5 Commissioners In addition Mr Goodings client is constructing entrance improvements on his own dime off of NW 80th Avenue into the WEC on the Recreational Vehicle (RV) facility no impact fee credits will be received for these One of the more important issues that was discussed is the conveyance of rights-of-way (ROW) for NW 80th Avenue After extensive negotiations the county has managed to obtain all ROW they have to give along the west side of NW 80th Avenue The existing wall and landscape buffer around Golden Ocala will not be included in the additional ROW but they are obligated to provide additional ROW along other areas including behind the fire station to permit parking to be located back there after the road is widened and perhaps to improve the facility In response to Commissioner Zalak County Administrator Mounir Bouyounes advised that the county has all of the ROW secured that is adjacent to the Golden Ocala property Mr Gooding opined that those are the transportation issues and noted they have an existing water and sewer utility agreement with the county that dates way back that granted ERCs The current remaining amount has been fixed so that everyone will know what they have going forward but more importantly they are permitting these to be used throughout the rest of the project Commissioner Zalak addressed the convention center noting they talked about that in length but it is not included in the traffic study at this point He stated the county will have to negotiate that with the developer at the time of as they obviously cannot pay for that yet or willing to negotiate that as part of the whole process Commissioner Zalak advised that will be brought back to the Board at a later time Chairman Bryant agreed that it is a totally separate issue Mr Gooding concurred noting the only reason it is mentioned in the agreement is to confirm that even though there have been discussions this does not resolve those and nothing obligates either of us to go forward

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Mr Gooding addressed what he anticipates will be some of the concerns by residents which is the driveway what they call the SR 40 driveway improvements in the agreement Some residents have characterized it in a different manner because of their belief that it is going it impact them and have referred to the driveway as a road street or turnpike He stated the dictionary definition of driveway is a road especially a private one leading from a street or other thoroughfare to a building house garage etc By definition a driveway is a road and they are calling it a driveway so as not to confuse anyone since it is not a public street or road and the county has no maintenance obligations The genesis of this driveway arose during the negotiations with Mr Bowers challenge on the CPA Mr Gooding advised that Mr Roberts (his client) suggested this idea after the CPA was approved he bought the land where the driveway entrances along Highway 40 are going to be located which is why it was necessary for them to include that property in the PUD He opined that the driveway is beneficial for everyone as it will take a significant amount of traffic off of NW 80th Avenue because it will be the main entrance to the hotel and where the barns are located on the WEC Entrances will still be off of NW 80th Avenue but most of the people attending equine events that are anticipated are participants Mr Gooding advised that Ms Gartner has performed a traffic analysis confirming that and most people like the driveway but some of the neighbors have concerns David Tillman Tillman amp Associates LLC SE 16th Avenue noted 2 different cross sections are shown on the drawing (shown on two large maps held up by Mr Gooding) He advised that a location was marked on the map of where a cross section was wanted to look at elevations to see if the berm with the hedge they talked about putting in actually blocked the view of traffic on the driveway Mr Tillman commented on the line of sight from the high point noting traffic cannot be seen on the drivewayroadway entering from SR 40 Mr Tillman stated they are looking to plant Confederate Jasmine or another hardy plant on the fence noting 4 other plants were put in the agreement to select from in the event something was not available so they would have an alternative Mr Tillman referred to the berm which has a 21 (2 to 1) slope and made it a little steeper to create a smaller footprint since some of the neighbors wanted to preserve the trees that are adjacent to their property line He stated the berm was pushed over and squeezed in the median was reduced for the center line so they could push everything further away which left them 82 feet of separation from edge of pavement to the neighbors property line Trees are only on the southern 500 feet of that section The trees will remain in that section where the berm is not going for a natural buffer The other area they will be planting trees 20 feet on center to grow or fill in to help create more of a buffer in that region A few trees will also be planted to fill in any gaps in that region Mr Tillman stated the other side of the large map shows the alignment of the new access driveway to Highway 40 Mr Gooding advised that the maps are also included in the agenda packet In response to Mr Rison Mr Gooding advised that the maps have not changed from what was presented at the PampZ Commission however they will add notes to it Mr Tillman noted the only thing they will be modifying is that it is labeled that it can be field fence which will be changed to a chain link fence because they do not want the wooden posts that require long-term maintenance but rather to be maintenance free He opined they also have notes about adding irrigation

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Mr Tillman stated timing was one of the issues discussed with neighbors for construction noting the neighbors want the berm to be the first thing that goes in It is going to have a curve as one of the first things but they cannot specifically put it as being the first thing they put in place because it will be in conjunction with the roadway and stormwater pond They will be pulling some of the dirt from that construction as well as some dirt from the equestrian center to also go here He advised that the berm will not be one of the first things they do but it will be during this process not all put in and established before starting on the roadway construction Mr Gooding advised that they agreed to some additional things that are going to be in there and will be included in the final revised plans which he read into the record 1) Berm will extend 100 feet North and South of the Hamlet boundaries 2) remove reference to field fence 3) construction of the berm will commence prior to or simultaneously with commencement of the driveway 4) trees will be planted at no greater than 20-foot intervals in area between the berm and the western boundary of Sherman Oaks unless existing mature trees within such area at such intervals can be preserved in areas where such intervals are maintained with existing mature trees will be planted to maintain such intervals and 5) any bridle trail between the berm and the western boundary of Sherman Oaks shall not be more than ten feet in width He stated those are the additional items that are not yet depicted on the plan Mr Gooding stated he looks forward to hearing for the neighbors and the opportunity to respond to any concerns they may have

Public Comment Chairman Bryant opened the floor to public comment Michelle Shearer SE 85th Street advised from her seat in the auditorium that she declines to speak at this time Doug Shearer SE 85th Street advised from his seat in the audience that he also declines to speak at this time David MacKay SW College Road attorney representing Rebecca Lord a property owner whose property abuts the Hamlet of Sherman Oaks He noted he has been involved in this since the early stages of the project Mr MacKay stated not everyone is entirely happy with the roadway but are trying to make the best of a bad situation He noted they did sit down with Mr Gooding and representatives from Mr Roberts company and worked through the issues they had with respect to trying to make the best of a bad situation Speaking on behalf of his client Mr MacKay stated while this is obviously not the absolute best solution she is satisfied that they are close enough that she is prepared to accept this and move on with her life He commented on the additional issues that Mr Gooding brought to the Boards attention noting those will be added to the map and the diagrams presented as additional conditions Those two items are intended to be exhibits of the Development Agreement To the extent that those are inconsistent with what is on the Master Plan in the PUD zoning there was a note there as far as a buffer area along the boundary with the Hamlet of Sherman Oaks that referred to it as a B-7 class buffer which was somewhat of a customized buffer Mr MacKay stated he wanted to make sure that is not inconsistent with what this is noting those two need to be rationalized so that they both follow the terms and conditions that have been agreed to here Chairman Bryant advised that public comment is now closed Mr Gooding advised that the sketches will be part of not only the Concurrency Development Agreement but also the Master Plan documents so it will be in both places

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In response to Chairman Bryant Mr MacKay advised that this is satisfactory He stated that before public comment is closed he would like to make a statement on behalf of another of his clients Chairman Bryant advised that public comment is already closed but stated he can go ahead Mr MacKay stated he had a question in regard to the monument sign approvals noting as he understands it they are supposed to be major signs that are 50 to 60 feet tall with a lighted sign panel as sort of represented in the picture shown earlier He advised that he represents a client (Pat Morrison) that owns property in Winners Circle directly across from the main entrance on NW 80th Avenue directly between the two major barns All of the traffic coming out is going to face into his clients property The properties are situated such that they do not access from interior roadways Mr MacKay stated his clients only access is on NW 80th Avenue and requested some form of buffering on the ROW along the east side to somehow deflect headlights into his clients property In response to Commissioner Zalak Mr MacKay stated his clients property is treed and he is not currently residing on the vacant piece of property however he does anticipate relocating there in the future Mr Morrison is somewhat concerned by the giant lighted sign that will be directly across the street but also the traffic impact that will affect him due to the location of the driveway In response to Chairman Bryant Mr MacKay stated it is undeveloped property a 25 acre lot Commissioner Zalak noted Mr MacKay said in the ROW and asked if he wanted the buffer to be in the ROW or on the clients property when the area is widened Mr MacKay stated it can be either way along the edge of that property Mr Gooding stated this is the first they have heard of this one but does not know of any occasion where the county has ever required someone to plant or construct a buffer on the other side of a road He opined that it is a bad precedent to set and advised that they are not committed to doing that at the present time The county is obviously going to be doing a lot of work there and perhaps something could be done in connection with that roadwork The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding the rezoning petition heard earlier in the meeting A motion was made by Commissioner Gold seconded by Commissioner Zalak to approve the Zoning Change from A-1 and PUD to PUD with Conditions 1 through 15 as amended (see below) agreeing with Growth Services staff and the PampZ Commission recommendations based on findings that the proposed use is compatible with the surrounding land uses is consistent with the Comprehensive Plan and will not adversely affect the public interest

CONDITION NO 11 All project development shall be served by central potable water and central sanitary sewer services both of which shall be provided by Marion County Utilities andor its successorsassigns prior to the issuance of any project Certificates of Occupancy or equivalent final inspection with the services installed andor developed consistent with the LDC The professional (sales center) office may be established using a temporary on-site treatment disposal system (OSTDSseptic) and a temporary well however the office shall be connected to central sanitary sewer service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central sanitary sewer is now available to the office and shall be connected to central

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water service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central water is now available to the office

Chairman Bryant stated the changes by Mr Gooding are also to be included The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to adopt Ordinance 18-15 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on the application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-15 is entitled

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A REQUEST FOR A ZONING CHANGE FOR GOLDEN OCALA PUD - RLR INVESTMENTS LLC ET AL AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE

Board Discussion A motion was made by Commissioner Zalak seconded by Commissioner Moore to approve the Development Agreement with changes as discussed The motion was unanimously approved by the Board (5-0)

WALK-ON Request Approval to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible The Board considered the following recommendation from County Administrator Mounir Bouyounes PE Administration

DescriptionBackground During the June 5 2018 BCC meeting staff was directed to bring alternate dates back during this public hearing for the BCC to consider and schedulereschedule the following MSTU public hearings Windstream Improvement Area and Rainbow Springs (Phase I) Improvement Area In coordination with the calendars of outside counsel and the commission Monday July 23 2018 is proposed for these hearings

bull Windstream Improvement Area Monday July 23 2018 at 400 pm or as soon thereafter as possible (following the Animal Services Workshop)

bull Rainbow Springs (Phase I) Improvement Area Monday July 23 2018 at 415 pm or as soon thereafter as possible (following the Windstream Improvement Area Public Hearing)

Budget Impact None Recommended Action Motion to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and Motion to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible

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A motion was made by Commissioner Gold seconded by Commissioner Zalak to reschedule the public hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to schedule and advertise a public hearing on Monday July 23 2018 at 415 pm or as soon thereafter as possible to extend the assessment period of remaining properties with unpaid balances located within the Rainbow Springs (Phase 1) Improvement Area The motion was unanimously approved by the Board (5-0)

CLOSING COMMENTS County Attorney Matthew G Minter commented on the revised Resolution (18-R-194) that was adopted at the regular BCC meeting on Tuesday June 5 2018 Chairman Bryant advised that copies are in the lobby for anyone who showed up interested in the Resolution regarding the Coastal Connector

There being no further business to come before the Board the meeting thereupon adjourned at 240 pm

athy Bry t Chairman

Attest

David R Ellspe ann Clerk

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7 Direct vehicular access to NW 100th Avenue south of the northwest quarter of the southwest quarter of Section 11 Township 15 Range 20 is prohibited

8 The developer has not obtained full Concurrency Certification for the PUD and shall address and comply with Marion Countys Concurrency Management System including providing for proportionate share for transportation improvements consistent with Sections 1633180 and 38006 Florida Statues upon proceeding through Marion Countys subsequent development review process as contained within the Marion County Land Development Code (LDC Article 1 etc)

9 The commercial common and non-residential areas World Equestrian Center and individual lots and homes (entire project) shall utilize water conservation techniques Such techniques may include indoor irrigation and landscaping practices as selected by the Developer required certifications for irrigation contractors working within the development wastewater contribution for municipal reuse reuse water for irrigation of common areas maximum irrigable areas or other landscape and vegetative requirements To the extent possible these techniques will be identified in the developments documents related to covenants and restrictions and may be included in subsequent developer agreements with Marion County Utilities

10 No structures are permitted in locations where FEMA designated special flood hazard areas or modified floodplain are privately owned and utilized as stormwater retention areas to meet Marion County Land Development Code Stormwater Standards These areas must be identified on all final plats and reflected in owners deeds This condition may be waived on a case-by-case basis when calculations are provided by a licensed professional demonstrating that compensating storage is accomplished and approved by the County Engineer Further the applicant will be required to file a map amendment with FEMA

11 All project development shall be served by central potable water and central sanitary sewer services both of which shall be provided by Marion County Utilities andor its successorsassigns prior to the issuance of any project Certificates of Occupancy or equivalent final inspection with the services installed andor developed consistent with the LDC The professional (sales center) office may be established using a temporary on-site treatment disposal system (OSTDSseptic) however the office shall be connected to central sanitary sewer service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central sanitary sewer is now available to the office

12 For the World Equestrian Center the following conditions apply 121 Parking in the Right ofWay is prohibited The applicant is responsible

for ensuring adequate signage and directions to the Centers parking areas are visible to patrons along with providing supplemental signs to indicate parking in the right-of-way is not permitted in order to prevent such parking

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122 Ingressegress at NW 100th Avenue is prohibited for event traffic except through the northernmost entrance specifically used for access to the Equestrian TruckTrailer Parking Area

123 The facility will utilize centralized water for potable use and central sewer provided by Marion County Utilities A non-potable water source may be implemented for ancillary uses such as fire flow and equestrian facility maintenance (eg animal wash stations dust control etc)

124 The height of all buildings (other than non-occupied architectural features constructed of non-combustible materials and at a height of no more than 75 feet) shall be less than 65ft from the ground surface

125 The following events are allowed equine events (eg horse shows) household animal events (eg dog shows and cat shows) convention and auditorium usage (eg high school graduations) gun and knife shows car shows RV shows and uses that are similar in function and reasonably anticipated to have a similar impact on surrounding properties Any other events will require a special event permit

126 All facility lights shall be aimed toward the subject property and shielded to minimize glare and light trespass onto adjacent agriculturalresidential properties as required by the LDC and no LDC waivers for such requirements may be authorized

127 Sound Amplification shall not exceed limits set forth in Section 13-7 of the Marion County Municipal Code of Ordinances (noise ordinance)

128 The site shall be designed and maintained to minimize erosion wetland degradation and wasteful water use This will be ensured through enrollment in Best Management Practices identified by a Notice of Intent filed with the Department of Agricultural and Consumer Services as periodically revised or compliance with a Nutrient Management Plan prepared by a professional engineer that is a NRCS approved Technical Service Provider (if BMP enrollment is not required by FDACS)

129 Livestock waste (manure and bedding) shall be stored in a watershytight structure that will not allow stormwater discharge At no time shall livestock waste be allowed to accumulate beyond the threshold of the livestock waste storage area Waste storage may include roll-off containers provided that they are water tight

1210 Jurisdictional wetlands and special flood hazard areas are to be delineated agency-verified and included in the details of the Major Site Plan

13 Project buffers shall be provided consistent with Table 9 Buffers for the project may be established and maintained in easements or independent tracts separate from residential commercial or WEC complex properties with the ownership and maintenance addressed with the final approval of their corresponding development phase or activity (eg Final Plat Major Site Plan etc) No accessory structures for the residential commercial or WEC complex properties shall be placed in the buffers Buffer support

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facilities and overall project community amenities (eg wells irrigation pump house equine trails multi-modal paths sidewalks etc) may be integrated with the buffers subject to ensuring the buffers achieve their intended purpose of screening light noise dust and other similar effects particularly in relation to the WEC complex Trees and shrubs may be clustered thereby creating a non-continuous but aesthetically pleasing screen to adjacent properties however groundcover must be present in sufficient quantities and locations to prevent offsite erosion Existing vegetation is eligible for inclusion to meet minimum requirements and native vegetation is encouraged Equestrian or multi-use unpaved trails and sidewalks are permitted within the buffer area

14 The overall project may be developed in sections or phases subject to providing an overall coordinated section or phase related plan to ensure each section or phase stands alone Upon completion of the Development Review Committees PUD Master Plan review each PUD Master Plan including the final architectural details development phasing amenity details shall be brought forward to the Marion County Board of County Commissioners for final review and approval consideration by the Board

15 The PUDWEC Master Sign Plan shall consist of two component parts 151 The Master Sign Plan as submitted by prior PUD Rezoning

Application 20170605Z focused on the PUDs non-WEC entries such as subdivision walls etc and

152 The WEC complex Master Sign Plan applicable to the WEC arenas and barns (logo and title lighted and unlighted) and two gateway monument gang signs are approved Additionally a third gateway monument gang sign is authorized for the common access point anticipated at the point where the residential and commercial development areas meet along the PUDs northeast frontage along W Hwy 27 upon approval of companion development plans for that area (eg subdivision platting Major Site Plan etc)

Staff Presentation Senior Planner Chris Rison AICP Growth Services advised that todays public hearings are related to 2 items one of which is a rezoning request relating to the PUD Amendment for the existing Golden Ocala PUD This project is located in northwestern Marion County between SR 40 and US Highway 27 and west of NW 80th Avenue Road NW 70th Avenue and NW 80th Avenue and east of NW 100th Avenue however there are small portions west of the northern extension of NW 100th Avenue which is NW 95th Avenue Road The second item is a Development Agreement which relates to the overall project for coordinating access improvements concurrency proportionate share and other impact fee credits as well as some other items The two items are technically 2 separate public hearings and require separate motions but the Board of County Commissioners (BCC) can work them together if they so desire Mr Rison referred to the map shown on the overhead screens noting the northern portion is off US Highway 27 and the crosshatch shaded areas are areas that are technically being added to the project approximately 215 acres overall The southern portion of the project also has a couple of other areas one of which is off SR 40 where there is a question in regard to two additional proposed entrances The overall PUD Amendment is

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asking for a series of items 1) adding 215 acres 2) adding 2 access points on West Highway 40 3) approving a Professional Office real estate sales center off of the new Highway 40 access and 4) approving a Master Sign Plan related to the World Equestrian Center (WEC) itself The Master Sign Plan would be 2 monument signs and staff has recommended approval for a potential third sign in the long-term future which is being addressed with this request Mr Rison referred to the overall Master Plan (shown on the overhead screens) and noted the additions are areas highlighted in green He stated S is the Master Sign proposal and the Master Sign proposal related to the WEC Staff is recommending that a third point be provided for in the northeastern corner At the southeastern corner of the site off Highway 40 is the proposed location for the 2 additional access points and then the home sales center location off of that access route The Master Plan updates the PUD information regarding the project and also includes an inset plan of the equestrian center which is to be absorbed into the overall PUD project for the request The WEC has multiple activities and uses within in including the 5 arena barns one of which is the outdoor arena Mr Rison referred to an example of the monument sign (shown on the overhead screens) that is proposed at the entrances to the gates on Highway 40 and NW 80th Avenue Also proposed as part of the Master Plan are some illuminated signage that will be on the arenas themselves for instance their illuminated horsehead logo On the ends of the 2 arena barns another logo that has the name of project is proposed Staff recommendation is for approval of the request as it has been proposed however an adjustment to Condition No 11 is suggested In regard to the application for the sales center because it is isolated from the rest of the project staff recommends going ahead and temporarily being on septic tank and well until the systems are extended and get to this area At the point when the county issues an availability notice they would then connect within 90 days Mr Rison reiterated that staff is recommending approval of the PUD He stated they can move on and discuss the Development Agreement if the Board so desires or they can go ahead and focus on the PUD Chairman Bryant suggested they focus on the PUD since 2 separate motions have to be made and then they can come back to the Development Agreement Jimmy Gooding SE 36th Avenue attorney representing the applicant was present and advised that one of the main issues today is going to be the driveway which is involved in both applications respectfully requested that it may be more efficient to allow Mr Rison to make the presentation in regard to the Development Agreement so as to only make the presentation once Chairman Bryant agreed

Public Comment Public comment was heard in the second public hearing (below)

Board Discussion Board discussion occurred in the second public hearing portion (below)

Public Hearing to Consider 2018-DM02 mdash RLR Investments LLC Equestrian Operations LLC et al Golden Ocala Chapter 163 FS Development Agreement for Concurrence Impact Fee Credits Proportionate Share etc (Ed Note FS is the abbreviation for Florida Statutes)

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Proof of Publication Deputy Clerk Bonvissuto presented Proof of Publication of a display entitled Notice of Public Hearing to Consider Golden Ocala Development Agreement published in the Star Banner newspaper on May 30 2018 The Notice states the Board will consider approval of a Development Agreement to be entered into pursuant to Sections 1633220 through 1633243 inclusive Florida Statutes between RLR Investments LLC Equine Operations LLC et al and Marion County Florida

Staff Presentation Senior Planner Chris Rison AICP Growth Services advised that the Development Agreement will modify some pre-existing Development Agreements that are in place on the property as well as others that were required but never completed This project was then proposed which significantly changed the character of the overall site itself and the former agreements are jointly listed by reference Additionally the project has now been designated as a development of regional impact (DRI) through the Comprehensive Plan The agreement addresses concurrency future impact fee credits proportionate share utility Equivalent Residential Connections (ERCs) the 2 additional entrances and their buffering The agreement went before the PampZ Commission on May 30 2018 The PampZ Commission supported the request noting issues that need to be worked out by staff and in relation to buffering Each of the agreements that were left outstanding by staff with the applicant have been resolved and are noted in the materials as the green text that are highlighted to show what was ultimately agreed to The remaining item is the ultimate resolution of the new access points and their buffering requirements Concerns were raised at the PampZ Commission hearing and there were going to be additional discussions and meetings Staff has not been fully appraised on the outcome of those and are looking to see if modifications have been made or what has originally been proposed Copies of materials from the original proposal can be shown on the overhead screens if the Board so desires It was the general consensus of the Board that the original proposals do not need to be shown Mr Rison advised that staff is recommending approval at this point once they actually work through the buffering issue for the new driveways Mr Gooding stated Mr Rison has adequately explained the zoning PUD aspect of this application He recalled that when the Board approved the Comprehensive Plan Amendment (CPA) and the then Settlement Agreement that followed it up the BCC was pretty clear if not emphatic that it wanted the developer to promptly proceed with the Concurrency Agreement which is here today as well as the specifics on the driveway These are not surprises but things they will need to do that the Board wanted done sooner rather than later Mr Gooding noted that a question at the PampZ Commission hearing was posed and advised that some of the properties in the northwest corner that are being added currently have a Rural land use as is the property to the south Those parcels cannot be developed at densities greater than that allowed by the Rural land use unless and until they come in with a CPA The properties can be left with Rural densities but if changed they will already be within the PUD boundary Commissioner Zalak asked if that type is in the PUD noting he was not sure by the explanation in the package Mr Gooding advised that it is clear in the presentation staff pointed out that they would get no more densities than allowed by the underlying land use

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Mr Gooding advised that the driveway issue is involved in both which he will address last He noted Mr Rison adequately explained the Concurrency Agreement and stated he will briefly dwell into a couple more points The agreement deals with a number of issues some that is seen in there may be a bit surprising such as proximity to schools local hospitals etc As the County Attorney can confirm Chapter 163 FS governs these and requires some of those things to be included What is important is that the agreement establishes the proportionate share mitigation that his client is obligated to provide which is based on a statutory formula and the number a little under $6000000 was reached after discussions between their transportation consultant Kimley-Horn amp Associates and county staff Mr Gooding noted Amber Garten is present for Kimley-Horn He advised that his client is going to pay or provide the $6000000 in two ways by providing several improvements called Initial Intersection Improvements in the agreement which includes the addition of several turn lanes going in various directions at the intersection of NW 80th Avenue and Highway 27 where most of the work will occur The other intersection improvement is at NW 80th and SR 40 Those initial intersection improvements will be made even though the traffic study did not indicate that all of them were necessary at the present time for two reasons One is due to concern expressed by the BCC and others about NW 80th Avenue and secondly is because they want the road to work without any problems so that people can get to the facility Against that proportionate share (prop-share) mitigation obligation they will receive impact fee credits per statute for the construction cost and the difference will be paid in cash by 2023 even though NW 80th Avenue is not yet on the Capital Improvement Plan (CIP) for widening Because some of the work is not yet on the CIP this agreement has to be approved by a supermajority which is at least 4 out of 5 Commissioners In addition Mr Goodings client is constructing entrance improvements on his own dime off of NW 80th Avenue into the WEC on the Recreational Vehicle (RV) facility no impact fee credits will be received for these One of the more important issues that was discussed is the conveyance of rights-of-way (ROW) for NW 80th Avenue After extensive negotiations the county has managed to obtain all ROW they have to give along the west side of NW 80th Avenue The existing wall and landscape buffer around Golden Ocala will not be included in the additional ROW but they are obligated to provide additional ROW along other areas including behind the fire station to permit parking to be located back there after the road is widened and perhaps to improve the facility In response to Commissioner Zalak County Administrator Mounir Bouyounes advised that the county has all of the ROW secured that is adjacent to the Golden Ocala property Mr Gooding opined that those are the transportation issues and noted they have an existing water and sewer utility agreement with the county that dates way back that granted ERCs The current remaining amount has been fixed so that everyone will know what they have going forward but more importantly they are permitting these to be used throughout the rest of the project Commissioner Zalak addressed the convention center noting they talked about that in length but it is not included in the traffic study at this point He stated the county will have to negotiate that with the developer at the time of as they obviously cannot pay for that yet or willing to negotiate that as part of the whole process Commissioner Zalak advised that will be brought back to the Board at a later time Chairman Bryant agreed that it is a totally separate issue Mr Gooding concurred noting the only reason it is mentioned in the agreement is to confirm that even though there have been discussions this does not resolve those and nothing obligates either of us to go forward

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Mr Gooding addressed what he anticipates will be some of the concerns by residents which is the driveway what they call the SR 40 driveway improvements in the agreement Some residents have characterized it in a different manner because of their belief that it is going it impact them and have referred to the driveway as a road street or turnpike He stated the dictionary definition of driveway is a road especially a private one leading from a street or other thoroughfare to a building house garage etc By definition a driveway is a road and they are calling it a driveway so as not to confuse anyone since it is not a public street or road and the county has no maintenance obligations The genesis of this driveway arose during the negotiations with Mr Bowers challenge on the CPA Mr Gooding advised that Mr Roberts (his client) suggested this idea after the CPA was approved he bought the land where the driveway entrances along Highway 40 are going to be located which is why it was necessary for them to include that property in the PUD He opined that the driveway is beneficial for everyone as it will take a significant amount of traffic off of NW 80th Avenue because it will be the main entrance to the hotel and where the barns are located on the WEC Entrances will still be off of NW 80th Avenue but most of the people attending equine events that are anticipated are participants Mr Gooding advised that Ms Gartner has performed a traffic analysis confirming that and most people like the driveway but some of the neighbors have concerns David Tillman Tillman amp Associates LLC SE 16th Avenue noted 2 different cross sections are shown on the drawing (shown on two large maps held up by Mr Gooding) He advised that a location was marked on the map of where a cross section was wanted to look at elevations to see if the berm with the hedge they talked about putting in actually blocked the view of traffic on the driveway Mr Tillman commented on the line of sight from the high point noting traffic cannot be seen on the drivewayroadway entering from SR 40 Mr Tillman stated they are looking to plant Confederate Jasmine or another hardy plant on the fence noting 4 other plants were put in the agreement to select from in the event something was not available so they would have an alternative Mr Tillman referred to the berm which has a 21 (2 to 1) slope and made it a little steeper to create a smaller footprint since some of the neighbors wanted to preserve the trees that are adjacent to their property line He stated the berm was pushed over and squeezed in the median was reduced for the center line so they could push everything further away which left them 82 feet of separation from edge of pavement to the neighbors property line Trees are only on the southern 500 feet of that section The trees will remain in that section where the berm is not going for a natural buffer The other area they will be planting trees 20 feet on center to grow or fill in to help create more of a buffer in that region A few trees will also be planted to fill in any gaps in that region Mr Tillman stated the other side of the large map shows the alignment of the new access driveway to Highway 40 Mr Gooding advised that the maps are also included in the agenda packet In response to Mr Rison Mr Gooding advised that the maps have not changed from what was presented at the PampZ Commission however they will add notes to it Mr Tillman noted the only thing they will be modifying is that it is labeled that it can be field fence which will be changed to a chain link fence because they do not want the wooden posts that require long-term maintenance but rather to be maintenance free He opined they also have notes about adding irrigation

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Mr Tillman stated timing was one of the issues discussed with neighbors for construction noting the neighbors want the berm to be the first thing that goes in It is going to have a curve as one of the first things but they cannot specifically put it as being the first thing they put in place because it will be in conjunction with the roadway and stormwater pond They will be pulling some of the dirt from that construction as well as some dirt from the equestrian center to also go here He advised that the berm will not be one of the first things they do but it will be during this process not all put in and established before starting on the roadway construction Mr Gooding advised that they agreed to some additional things that are going to be in there and will be included in the final revised plans which he read into the record 1) Berm will extend 100 feet North and South of the Hamlet boundaries 2) remove reference to field fence 3) construction of the berm will commence prior to or simultaneously with commencement of the driveway 4) trees will be planted at no greater than 20-foot intervals in area between the berm and the western boundary of Sherman Oaks unless existing mature trees within such area at such intervals can be preserved in areas where such intervals are maintained with existing mature trees will be planted to maintain such intervals and 5) any bridle trail between the berm and the western boundary of Sherman Oaks shall not be more than ten feet in width He stated those are the additional items that are not yet depicted on the plan Mr Gooding stated he looks forward to hearing for the neighbors and the opportunity to respond to any concerns they may have

Public Comment Chairman Bryant opened the floor to public comment Michelle Shearer SE 85th Street advised from her seat in the auditorium that she declines to speak at this time Doug Shearer SE 85th Street advised from his seat in the audience that he also declines to speak at this time David MacKay SW College Road attorney representing Rebecca Lord a property owner whose property abuts the Hamlet of Sherman Oaks He noted he has been involved in this since the early stages of the project Mr MacKay stated not everyone is entirely happy with the roadway but are trying to make the best of a bad situation He noted they did sit down with Mr Gooding and representatives from Mr Roberts company and worked through the issues they had with respect to trying to make the best of a bad situation Speaking on behalf of his client Mr MacKay stated while this is obviously not the absolute best solution she is satisfied that they are close enough that she is prepared to accept this and move on with her life He commented on the additional issues that Mr Gooding brought to the Boards attention noting those will be added to the map and the diagrams presented as additional conditions Those two items are intended to be exhibits of the Development Agreement To the extent that those are inconsistent with what is on the Master Plan in the PUD zoning there was a note there as far as a buffer area along the boundary with the Hamlet of Sherman Oaks that referred to it as a B-7 class buffer which was somewhat of a customized buffer Mr MacKay stated he wanted to make sure that is not inconsistent with what this is noting those two need to be rationalized so that they both follow the terms and conditions that have been agreed to here Chairman Bryant advised that public comment is now closed Mr Gooding advised that the sketches will be part of not only the Concurrency Development Agreement but also the Master Plan documents so it will be in both places

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In response to Chairman Bryant Mr MacKay advised that this is satisfactory He stated that before public comment is closed he would like to make a statement on behalf of another of his clients Chairman Bryant advised that public comment is already closed but stated he can go ahead Mr MacKay stated he had a question in regard to the monument sign approvals noting as he understands it they are supposed to be major signs that are 50 to 60 feet tall with a lighted sign panel as sort of represented in the picture shown earlier He advised that he represents a client (Pat Morrison) that owns property in Winners Circle directly across from the main entrance on NW 80th Avenue directly between the two major barns All of the traffic coming out is going to face into his clients property The properties are situated such that they do not access from interior roadways Mr MacKay stated his clients only access is on NW 80th Avenue and requested some form of buffering on the ROW along the east side to somehow deflect headlights into his clients property In response to Commissioner Zalak Mr MacKay stated his clients property is treed and he is not currently residing on the vacant piece of property however he does anticipate relocating there in the future Mr Morrison is somewhat concerned by the giant lighted sign that will be directly across the street but also the traffic impact that will affect him due to the location of the driveway In response to Chairman Bryant Mr MacKay stated it is undeveloped property a 25 acre lot Commissioner Zalak noted Mr MacKay said in the ROW and asked if he wanted the buffer to be in the ROW or on the clients property when the area is widened Mr MacKay stated it can be either way along the edge of that property Mr Gooding stated this is the first they have heard of this one but does not know of any occasion where the county has ever required someone to plant or construct a buffer on the other side of a road He opined that it is a bad precedent to set and advised that they are not committed to doing that at the present time The county is obviously going to be doing a lot of work there and perhaps something could be done in connection with that roadwork The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding the rezoning petition heard earlier in the meeting A motion was made by Commissioner Gold seconded by Commissioner Zalak to approve the Zoning Change from A-1 and PUD to PUD with Conditions 1 through 15 as amended (see below) agreeing with Growth Services staff and the PampZ Commission recommendations based on findings that the proposed use is compatible with the surrounding land uses is consistent with the Comprehensive Plan and will not adversely affect the public interest

CONDITION NO 11 All project development shall be served by central potable water and central sanitary sewer services both of which shall be provided by Marion County Utilities andor its successorsassigns prior to the issuance of any project Certificates of Occupancy or equivalent final inspection with the services installed andor developed consistent with the LDC The professional (sales center) office may be established using a temporary on-site treatment disposal system (OSTDSseptic) and a temporary well however the office shall be connected to central sanitary sewer service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central sanitary sewer is now available to the office and shall be connected to central

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water service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central water is now available to the office

Chairman Bryant stated the changes by Mr Gooding are also to be included The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to adopt Ordinance 18-15 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on the application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-15 is entitled

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A REQUEST FOR A ZONING CHANGE FOR GOLDEN OCALA PUD - RLR INVESTMENTS LLC ET AL AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE

Board Discussion A motion was made by Commissioner Zalak seconded by Commissioner Moore to approve the Development Agreement with changes as discussed The motion was unanimously approved by the Board (5-0)

WALK-ON Request Approval to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible The Board considered the following recommendation from County Administrator Mounir Bouyounes PE Administration

DescriptionBackground During the June 5 2018 BCC meeting staff was directed to bring alternate dates back during this public hearing for the BCC to consider and schedulereschedule the following MSTU public hearings Windstream Improvement Area and Rainbow Springs (Phase I) Improvement Area In coordination with the calendars of outside counsel and the commission Monday July 23 2018 is proposed for these hearings

bull Windstream Improvement Area Monday July 23 2018 at 400 pm or as soon thereafter as possible (following the Animal Services Workshop)

bull Rainbow Springs (Phase I) Improvement Area Monday July 23 2018 at 415 pm or as soon thereafter as possible (following the Windstream Improvement Area Public Hearing)

Budget Impact None Recommended Action Motion to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and Motion to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible

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A motion was made by Commissioner Gold seconded by Commissioner Zalak to reschedule the public hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to schedule and advertise a public hearing on Monday July 23 2018 at 415 pm or as soon thereafter as possible to extend the assessment period of remaining properties with unpaid balances located within the Rainbow Springs (Phase 1) Improvement Area The motion was unanimously approved by the Board (5-0)

CLOSING COMMENTS County Attorney Matthew G Minter commented on the revised Resolution (18-R-194) that was adopted at the regular BCC meeting on Tuesday June 5 2018 Chairman Bryant advised that copies are in the lobby for anyone who showed up interested in the Resolution regarding the Coastal Connector

There being no further business to come before the Board the meeting thereupon adjourned at 240 pm

athy Bry t Chairman

Attest

David R Ellspe ann Clerk

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122 Ingressegress at NW 100th Avenue is prohibited for event traffic except through the northernmost entrance specifically used for access to the Equestrian TruckTrailer Parking Area

123 The facility will utilize centralized water for potable use and central sewer provided by Marion County Utilities A non-potable water source may be implemented for ancillary uses such as fire flow and equestrian facility maintenance (eg animal wash stations dust control etc)

124 The height of all buildings (other than non-occupied architectural features constructed of non-combustible materials and at a height of no more than 75 feet) shall be less than 65ft from the ground surface

125 The following events are allowed equine events (eg horse shows) household animal events (eg dog shows and cat shows) convention and auditorium usage (eg high school graduations) gun and knife shows car shows RV shows and uses that are similar in function and reasonably anticipated to have a similar impact on surrounding properties Any other events will require a special event permit

126 All facility lights shall be aimed toward the subject property and shielded to minimize glare and light trespass onto adjacent agriculturalresidential properties as required by the LDC and no LDC waivers for such requirements may be authorized

127 Sound Amplification shall not exceed limits set forth in Section 13-7 of the Marion County Municipal Code of Ordinances (noise ordinance)

128 The site shall be designed and maintained to minimize erosion wetland degradation and wasteful water use This will be ensured through enrollment in Best Management Practices identified by a Notice of Intent filed with the Department of Agricultural and Consumer Services as periodically revised or compliance with a Nutrient Management Plan prepared by a professional engineer that is a NRCS approved Technical Service Provider (if BMP enrollment is not required by FDACS)

129 Livestock waste (manure and bedding) shall be stored in a watershytight structure that will not allow stormwater discharge At no time shall livestock waste be allowed to accumulate beyond the threshold of the livestock waste storage area Waste storage may include roll-off containers provided that they are water tight

1210 Jurisdictional wetlands and special flood hazard areas are to be delineated agency-verified and included in the details of the Major Site Plan

13 Project buffers shall be provided consistent with Table 9 Buffers for the project may be established and maintained in easements or independent tracts separate from residential commercial or WEC complex properties with the ownership and maintenance addressed with the final approval of their corresponding development phase or activity (eg Final Plat Major Site Plan etc) No accessory structures for the residential commercial or WEC complex properties shall be placed in the buffers Buffer support

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facilities and overall project community amenities (eg wells irrigation pump house equine trails multi-modal paths sidewalks etc) may be integrated with the buffers subject to ensuring the buffers achieve their intended purpose of screening light noise dust and other similar effects particularly in relation to the WEC complex Trees and shrubs may be clustered thereby creating a non-continuous but aesthetically pleasing screen to adjacent properties however groundcover must be present in sufficient quantities and locations to prevent offsite erosion Existing vegetation is eligible for inclusion to meet minimum requirements and native vegetation is encouraged Equestrian or multi-use unpaved trails and sidewalks are permitted within the buffer area

14 The overall project may be developed in sections or phases subject to providing an overall coordinated section or phase related plan to ensure each section or phase stands alone Upon completion of the Development Review Committees PUD Master Plan review each PUD Master Plan including the final architectural details development phasing amenity details shall be brought forward to the Marion County Board of County Commissioners for final review and approval consideration by the Board

15 The PUDWEC Master Sign Plan shall consist of two component parts 151 The Master Sign Plan as submitted by prior PUD Rezoning

Application 20170605Z focused on the PUDs non-WEC entries such as subdivision walls etc and

152 The WEC complex Master Sign Plan applicable to the WEC arenas and barns (logo and title lighted and unlighted) and two gateway monument gang signs are approved Additionally a third gateway monument gang sign is authorized for the common access point anticipated at the point where the residential and commercial development areas meet along the PUDs northeast frontage along W Hwy 27 upon approval of companion development plans for that area (eg subdivision platting Major Site Plan etc)

Staff Presentation Senior Planner Chris Rison AICP Growth Services advised that todays public hearings are related to 2 items one of which is a rezoning request relating to the PUD Amendment for the existing Golden Ocala PUD This project is located in northwestern Marion County between SR 40 and US Highway 27 and west of NW 80th Avenue Road NW 70th Avenue and NW 80th Avenue and east of NW 100th Avenue however there are small portions west of the northern extension of NW 100th Avenue which is NW 95th Avenue Road The second item is a Development Agreement which relates to the overall project for coordinating access improvements concurrency proportionate share and other impact fee credits as well as some other items The two items are technically 2 separate public hearings and require separate motions but the Board of County Commissioners (BCC) can work them together if they so desire Mr Rison referred to the map shown on the overhead screens noting the northern portion is off US Highway 27 and the crosshatch shaded areas are areas that are technically being added to the project approximately 215 acres overall The southern portion of the project also has a couple of other areas one of which is off SR 40 where there is a question in regard to two additional proposed entrances The overall PUD Amendment is

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asking for a series of items 1) adding 215 acres 2) adding 2 access points on West Highway 40 3) approving a Professional Office real estate sales center off of the new Highway 40 access and 4) approving a Master Sign Plan related to the World Equestrian Center (WEC) itself The Master Sign Plan would be 2 monument signs and staff has recommended approval for a potential third sign in the long-term future which is being addressed with this request Mr Rison referred to the overall Master Plan (shown on the overhead screens) and noted the additions are areas highlighted in green He stated S is the Master Sign proposal and the Master Sign proposal related to the WEC Staff is recommending that a third point be provided for in the northeastern corner At the southeastern corner of the site off Highway 40 is the proposed location for the 2 additional access points and then the home sales center location off of that access route The Master Plan updates the PUD information regarding the project and also includes an inset plan of the equestrian center which is to be absorbed into the overall PUD project for the request The WEC has multiple activities and uses within in including the 5 arena barns one of which is the outdoor arena Mr Rison referred to an example of the monument sign (shown on the overhead screens) that is proposed at the entrances to the gates on Highway 40 and NW 80th Avenue Also proposed as part of the Master Plan are some illuminated signage that will be on the arenas themselves for instance their illuminated horsehead logo On the ends of the 2 arena barns another logo that has the name of project is proposed Staff recommendation is for approval of the request as it has been proposed however an adjustment to Condition No 11 is suggested In regard to the application for the sales center because it is isolated from the rest of the project staff recommends going ahead and temporarily being on septic tank and well until the systems are extended and get to this area At the point when the county issues an availability notice they would then connect within 90 days Mr Rison reiterated that staff is recommending approval of the PUD He stated they can move on and discuss the Development Agreement if the Board so desires or they can go ahead and focus on the PUD Chairman Bryant suggested they focus on the PUD since 2 separate motions have to be made and then they can come back to the Development Agreement Jimmy Gooding SE 36th Avenue attorney representing the applicant was present and advised that one of the main issues today is going to be the driveway which is involved in both applications respectfully requested that it may be more efficient to allow Mr Rison to make the presentation in regard to the Development Agreement so as to only make the presentation once Chairman Bryant agreed

Public Comment Public comment was heard in the second public hearing (below)

Board Discussion Board discussion occurred in the second public hearing portion (below)

Public Hearing to Consider 2018-DM02 mdash RLR Investments LLC Equestrian Operations LLC et al Golden Ocala Chapter 163 FS Development Agreement for Concurrence Impact Fee Credits Proportionate Share etc (Ed Note FS is the abbreviation for Florida Statutes)

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Proof of Publication Deputy Clerk Bonvissuto presented Proof of Publication of a display entitled Notice of Public Hearing to Consider Golden Ocala Development Agreement published in the Star Banner newspaper on May 30 2018 The Notice states the Board will consider approval of a Development Agreement to be entered into pursuant to Sections 1633220 through 1633243 inclusive Florida Statutes between RLR Investments LLC Equine Operations LLC et al and Marion County Florida

Staff Presentation Senior Planner Chris Rison AICP Growth Services advised that the Development Agreement will modify some pre-existing Development Agreements that are in place on the property as well as others that were required but never completed This project was then proposed which significantly changed the character of the overall site itself and the former agreements are jointly listed by reference Additionally the project has now been designated as a development of regional impact (DRI) through the Comprehensive Plan The agreement addresses concurrency future impact fee credits proportionate share utility Equivalent Residential Connections (ERCs) the 2 additional entrances and their buffering The agreement went before the PampZ Commission on May 30 2018 The PampZ Commission supported the request noting issues that need to be worked out by staff and in relation to buffering Each of the agreements that were left outstanding by staff with the applicant have been resolved and are noted in the materials as the green text that are highlighted to show what was ultimately agreed to The remaining item is the ultimate resolution of the new access points and their buffering requirements Concerns were raised at the PampZ Commission hearing and there were going to be additional discussions and meetings Staff has not been fully appraised on the outcome of those and are looking to see if modifications have been made or what has originally been proposed Copies of materials from the original proposal can be shown on the overhead screens if the Board so desires It was the general consensus of the Board that the original proposals do not need to be shown Mr Rison advised that staff is recommending approval at this point once they actually work through the buffering issue for the new driveways Mr Gooding stated Mr Rison has adequately explained the zoning PUD aspect of this application He recalled that when the Board approved the Comprehensive Plan Amendment (CPA) and the then Settlement Agreement that followed it up the BCC was pretty clear if not emphatic that it wanted the developer to promptly proceed with the Concurrency Agreement which is here today as well as the specifics on the driveway These are not surprises but things they will need to do that the Board wanted done sooner rather than later Mr Gooding noted that a question at the PampZ Commission hearing was posed and advised that some of the properties in the northwest corner that are being added currently have a Rural land use as is the property to the south Those parcels cannot be developed at densities greater than that allowed by the Rural land use unless and until they come in with a CPA The properties can be left with Rural densities but if changed they will already be within the PUD boundary Commissioner Zalak asked if that type is in the PUD noting he was not sure by the explanation in the package Mr Gooding advised that it is clear in the presentation staff pointed out that they would get no more densities than allowed by the underlying land use

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Mr Gooding advised that the driveway issue is involved in both which he will address last He noted Mr Rison adequately explained the Concurrency Agreement and stated he will briefly dwell into a couple more points The agreement deals with a number of issues some that is seen in there may be a bit surprising such as proximity to schools local hospitals etc As the County Attorney can confirm Chapter 163 FS governs these and requires some of those things to be included What is important is that the agreement establishes the proportionate share mitigation that his client is obligated to provide which is based on a statutory formula and the number a little under $6000000 was reached after discussions between their transportation consultant Kimley-Horn amp Associates and county staff Mr Gooding noted Amber Garten is present for Kimley-Horn He advised that his client is going to pay or provide the $6000000 in two ways by providing several improvements called Initial Intersection Improvements in the agreement which includes the addition of several turn lanes going in various directions at the intersection of NW 80th Avenue and Highway 27 where most of the work will occur The other intersection improvement is at NW 80th and SR 40 Those initial intersection improvements will be made even though the traffic study did not indicate that all of them were necessary at the present time for two reasons One is due to concern expressed by the BCC and others about NW 80th Avenue and secondly is because they want the road to work without any problems so that people can get to the facility Against that proportionate share (prop-share) mitigation obligation they will receive impact fee credits per statute for the construction cost and the difference will be paid in cash by 2023 even though NW 80th Avenue is not yet on the Capital Improvement Plan (CIP) for widening Because some of the work is not yet on the CIP this agreement has to be approved by a supermajority which is at least 4 out of 5 Commissioners In addition Mr Goodings client is constructing entrance improvements on his own dime off of NW 80th Avenue into the WEC on the Recreational Vehicle (RV) facility no impact fee credits will be received for these One of the more important issues that was discussed is the conveyance of rights-of-way (ROW) for NW 80th Avenue After extensive negotiations the county has managed to obtain all ROW they have to give along the west side of NW 80th Avenue The existing wall and landscape buffer around Golden Ocala will not be included in the additional ROW but they are obligated to provide additional ROW along other areas including behind the fire station to permit parking to be located back there after the road is widened and perhaps to improve the facility In response to Commissioner Zalak County Administrator Mounir Bouyounes advised that the county has all of the ROW secured that is adjacent to the Golden Ocala property Mr Gooding opined that those are the transportation issues and noted they have an existing water and sewer utility agreement with the county that dates way back that granted ERCs The current remaining amount has been fixed so that everyone will know what they have going forward but more importantly they are permitting these to be used throughout the rest of the project Commissioner Zalak addressed the convention center noting they talked about that in length but it is not included in the traffic study at this point He stated the county will have to negotiate that with the developer at the time of as they obviously cannot pay for that yet or willing to negotiate that as part of the whole process Commissioner Zalak advised that will be brought back to the Board at a later time Chairman Bryant agreed that it is a totally separate issue Mr Gooding concurred noting the only reason it is mentioned in the agreement is to confirm that even though there have been discussions this does not resolve those and nothing obligates either of us to go forward

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Mr Gooding addressed what he anticipates will be some of the concerns by residents which is the driveway what they call the SR 40 driveway improvements in the agreement Some residents have characterized it in a different manner because of their belief that it is going it impact them and have referred to the driveway as a road street or turnpike He stated the dictionary definition of driveway is a road especially a private one leading from a street or other thoroughfare to a building house garage etc By definition a driveway is a road and they are calling it a driveway so as not to confuse anyone since it is not a public street or road and the county has no maintenance obligations The genesis of this driveway arose during the negotiations with Mr Bowers challenge on the CPA Mr Gooding advised that Mr Roberts (his client) suggested this idea after the CPA was approved he bought the land where the driveway entrances along Highway 40 are going to be located which is why it was necessary for them to include that property in the PUD He opined that the driveway is beneficial for everyone as it will take a significant amount of traffic off of NW 80th Avenue because it will be the main entrance to the hotel and where the barns are located on the WEC Entrances will still be off of NW 80th Avenue but most of the people attending equine events that are anticipated are participants Mr Gooding advised that Ms Gartner has performed a traffic analysis confirming that and most people like the driveway but some of the neighbors have concerns David Tillman Tillman amp Associates LLC SE 16th Avenue noted 2 different cross sections are shown on the drawing (shown on two large maps held up by Mr Gooding) He advised that a location was marked on the map of where a cross section was wanted to look at elevations to see if the berm with the hedge they talked about putting in actually blocked the view of traffic on the driveway Mr Tillman commented on the line of sight from the high point noting traffic cannot be seen on the drivewayroadway entering from SR 40 Mr Tillman stated they are looking to plant Confederate Jasmine or another hardy plant on the fence noting 4 other plants were put in the agreement to select from in the event something was not available so they would have an alternative Mr Tillman referred to the berm which has a 21 (2 to 1) slope and made it a little steeper to create a smaller footprint since some of the neighbors wanted to preserve the trees that are adjacent to their property line He stated the berm was pushed over and squeezed in the median was reduced for the center line so they could push everything further away which left them 82 feet of separation from edge of pavement to the neighbors property line Trees are only on the southern 500 feet of that section The trees will remain in that section where the berm is not going for a natural buffer The other area they will be planting trees 20 feet on center to grow or fill in to help create more of a buffer in that region A few trees will also be planted to fill in any gaps in that region Mr Tillman stated the other side of the large map shows the alignment of the new access driveway to Highway 40 Mr Gooding advised that the maps are also included in the agenda packet In response to Mr Rison Mr Gooding advised that the maps have not changed from what was presented at the PampZ Commission however they will add notes to it Mr Tillman noted the only thing they will be modifying is that it is labeled that it can be field fence which will be changed to a chain link fence because they do not want the wooden posts that require long-term maintenance but rather to be maintenance free He opined they also have notes about adding irrigation

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Mr Tillman stated timing was one of the issues discussed with neighbors for construction noting the neighbors want the berm to be the first thing that goes in It is going to have a curve as one of the first things but they cannot specifically put it as being the first thing they put in place because it will be in conjunction with the roadway and stormwater pond They will be pulling some of the dirt from that construction as well as some dirt from the equestrian center to also go here He advised that the berm will not be one of the first things they do but it will be during this process not all put in and established before starting on the roadway construction Mr Gooding advised that they agreed to some additional things that are going to be in there and will be included in the final revised plans which he read into the record 1) Berm will extend 100 feet North and South of the Hamlet boundaries 2) remove reference to field fence 3) construction of the berm will commence prior to or simultaneously with commencement of the driveway 4) trees will be planted at no greater than 20-foot intervals in area between the berm and the western boundary of Sherman Oaks unless existing mature trees within such area at such intervals can be preserved in areas where such intervals are maintained with existing mature trees will be planted to maintain such intervals and 5) any bridle trail between the berm and the western boundary of Sherman Oaks shall not be more than ten feet in width He stated those are the additional items that are not yet depicted on the plan Mr Gooding stated he looks forward to hearing for the neighbors and the opportunity to respond to any concerns they may have

Public Comment Chairman Bryant opened the floor to public comment Michelle Shearer SE 85th Street advised from her seat in the auditorium that she declines to speak at this time Doug Shearer SE 85th Street advised from his seat in the audience that he also declines to speak at this time David MacKay SW College Road attorney representing Rebecca Lord a property owner whose property abuts the Hamlet of Sherman Oaks He noted he has been involved in this since the early stages of the project Mr MacKay stated not everyone is entirely happy with the roadway but are trying to make the best of a bad situation He noted they did sit down with Mr Gooding and representatives from Mr Roberts company and worked through the issues they had with respect to trying to make the best of a bad situation Speaking on behalf of his client Mr MacKay stated while this is obviously not the absolute best solution she is satisfied that they are close enough that she is prepared to accept this and move on with her life He commented on the additional issues that Mr Gooding brought to the Boards attention noting those will be added to the map and the diagrams presented as additional conditions Those two items are intended to be exhibits of the Development Agreement To the extent that those are inconsistent with what is on the Master Plan in the PUD zoning there was a note there as far as a buffer area along the boundary with the Hamlet of Sherman Oaks that referred to it as a B-7 class buffer which was somewhat of a customized buffer Mr MacKay stated he wanted to make sure that is not inconsistent with what this is noting those two need to be rationalized so that they both follow the terms and conditions that have been agreed to here Chairman Bryant advised that public comment is now closed Mr Gooding advised that the sketches will be part of not only the Concurrency Development Agreement but also the Master Plan documents so it will be in both places

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In response to Chairman Bryant Mr MacKay advised that this is satisfactory He stated that before public comment is closed he would like to make a statement on behalf of another of his clients Chairman Bryant advised that public comment is already closed but stated he can go ahead Mr MacKay stated he had a question in regard to the monument sign approvals noting as he understands it they are supposed to be major signs that are 50 to 60 feet tall with a lighted sign panel as sort of represented in the picture shown earlier He advised that he represents a client (Pat Morrison) that owns property in Winners Circle directly across from the main entrance on NW 80th Avenue directly between the two major barns All of the traffic coming out is going to face into his clients property The properties are situated such that they do not access from interior roadways Mr MacKay stated his clients only access is on NW 80th Avenue and requested some form of buffering on the ROW along the east side to somehow deflect headlights into his clients property In response to Commissioner Zalak Mr MacKay stated his clients property is treed and he is not currently residing on the vacant piece of property however he does anticipate relocating there in the future Mr Morrison is somewhat concerned by the giant lighted sign that will be directly across the street but also the traffic impact that will affect him due to the location of the driveway In response to Chairman Bryant Mr MacKay stated it is undeveloped property a 25 acre lot Commissioner Zalak noted Mr MacKay said in the ROW and asked if he wanted the buffer to be in the ROW or on the clients property when the area is widened Mr MacKay stated it can be either way along the edge of that property Mr Gooding stated this is the first they have heard of this one but does not know of any occasion where the county has ever required someone to plant or construct a buffer on the other side of a road He opined that it is a bad precedent to set and advised that they are not committed to doing that at the present time The county is obviously going to be doing a lot of work there and perhaps something could be done in connection with that roadwork The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding the rezoning petition heard earlier in the meeting A motion was made by Commissioner Gold seconded by Commissioner Zalak to approve the Zoning Change from A-1 and PUD to PUD with Conditions 1 through 15 as amended (see below) agreeing with Growth Services staff and the PampZ Commission recommendations based on findings that the proposed use is compatible with the surrounding land uses is consistent with the Comprehensive Plan and will not adversely affect the public interest

CONDITION NO 11 All project development shall be served by central potable water and central sanitary sewer services both of which shall be provided by Marion County Utilities andor its successorsassigns prior to the issuance of any project Certificates of Occupancy or equivalent final inspection with the services installed andor developed consistent with the LDC The professional (sales center) office may be established using a temporary on-site treatment disposal system (OSTDSseptic) and a temporary well however the office shall be connected to central sanitary sewer service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central sanitary sewer is now available to the office and shall be connected to central

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water service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central water is now available to the office

Chairman Bryant stated the changes by Mr Gooding are also to be included The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to adopt Ordinance 18-15 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on the application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-15 is entitled

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A REQUEST FOR A ZONING CHANGE FOR GOLDEN OCALA PUD - RLR INVESTMENTS LLC ET AL AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE

Board Discussion A motion was made by Commissioner Zalak seconded by Commissioner Moore to approve the Development Agreement with changes as discussed The motion was unanimously approved by the Board (5-0)

WALK-ON Request Approval to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible The Board considered the following recommendation from County Administrator Mounir Bouyounes PE Administration

DescriptionBackground During the June 5 2018 BCC meeting staff was directed to bring alternate dates back during this public hearing for the BCC to consider and schedulereschedule the following MSTU public hearings Windstream Improvement Area and Rainbow Springs (Phase I) Improvement Area In coordination with the calendars of outside counsel and the commission Monday July 23 2018 is proposed for these hearings

bull Windstream Improvement Area Monday July 23 2018 at 400 pm or as soon thereafter as possible (following the Animal Services Workshop)

bull Rainbow Springs (Phase I) Improvement Area Monday July 23 2018 at 415 pm or as soon thereafter as possible (following the Windstream Improvement Area Public Hearing)

Budget Impact None Recommended Action Motion to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and Motion to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible

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A motion was made by Commissioner Gold seconded by Commissioner Zalak to reschedule the public hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to schedule and advertise a public hearing on Monday July 23 2018 at 415 pm or as soon thereafter as possible to extend the assessment period of remaining properties with unpaid balances located within the Rainbow Springs (Phase 1) Improvement Area The motion was unanimously approved by the Board (5-0)

CLOSING COMMENTS County Attorney Matthew G Minter commented on the revised Resolution (18-R-194) that was adopted at the regular BCC meeting on Tuesday June 5 2018 Chairman Bryant advised that copies are in the lobby for anyone who showed up interested in the Resolution regarding the Coastal Connector

There being no further business to come before the Board the meeting thereupon adjourned at 240 pm

athy Bry t Chairman

Attest

David R Ellspe ann Clerk

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facilities and overall project community amenities (eg wells irrigation pump house equine trails multi-modal paths sidewalks etc) may be integrated with the buffers subject to ensuring the buffers achieve their intended purpose of screening light noise dust and other similar effects particularly in relation to the WEC complex Trees and shrubs may be clustered thereby creating a non-continuous but aesthetically pleasing screen to adjacent properties however groundcover must be present in sufficient quantities and locations to prevent offsite erosion Existing vegetation is eligible for inclusion to meet minimum requirements and native vegetation is encouraged Equestrian or multi-use unpaved trails and sidewalks are permitted within the buffer area

14 The overall project may be developed in sections or phases subject to providing an overall coordinated section or phase related plan to ensure each section or phase stands alone Upon completion of the Development Review Committees PUD Master Plan review each PUD Master Plan including the final architectural details development phasing amenity details shall be brought forward to the Marion County Board of County Commissioners for final review and approval consideration by the Board

15 The PUDWEC Master Sign Plan shall consist of two component parts 151 The Master Sign Plan as submitted by prior PUD Rezoning

Application 20170605Z focused on the PUDs non-WEC entries such as subdivision walls etc and

152 The WEC complex Master Sign Plan applicable to the WEC arenas and barns (logo and title lighted and unlighted) and two gateway monument gang signs are approved Additionally a third gateway monument gang sign is authorized for the common access point anticipated at the point where the residential and commercial development areas meet along the PUDs northeast frontage along W Hwy 27 upon approval of companion development plans for that area (eg subdivision platting Major Site Plan etc)

Staff Presentation Senior Planner Chris Rison AICP Growth Services advised that todays public hearings are related to 2 items one of which is a rezoning request relating to the PUD Amendment for the existing Golden Ocala PUD This project is located in northwestern Marion County between SR 40 and US Highway 27 and west of NW 80th Avenue Road NW 70th Avenue and NW 80th Avenue and east of NW 100th Avenue however there are small portions west of the northern extension of NW 100th Avenue which is NW 95th Avenue Road The second item is a Development Agreement which relates to the overall project for coordinating access improvements concurrency proportionate share and other impact fee credits as well as some other items The two items are technically 2 separate public hearings and require separate motions but the Board of County Commissioners (BCC) can work them together if they so desire Mr Rison referred to the map shown on the overhead screens noting the northern portion is off US Highway 27 and the crosshatch shaded areas are areas that are technically being added to the project approximately 215 acres overall The southern portion of the project also has a couple of other areas one of which is off SR 40 where there is a question in regard to two additional proposed entrances The overall PUD Amendment is

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asking for a series of items 1) adding 215 acres 2) adding 2 access points on West Highway 40 3) approving a Professional Office real estate sales center off of the new Highway 40 access and 4) approving a Master Sign Plan related to the World Equestrian Center (WEC) itself The Master Sign Plan would be 2 monument signs and staff has recommended approval for a potential third sign in the long-term future which is being addressed with this request Mr Rison referred to the overall Master Plan (shown on the overhead screens) and noted the additions are areas highlighted in green He stated S is the Master Sign proposal and the Master Sign proposal related to the WEC Staff is recommending that a third point be provided for in the northeastern corner At the southeastern corner of the site off Highway 40 is the proposed location for the 2 additional access points and then the home sales center location off of that access route The Master Plan updates the PUD information regarding the project and also includes an inset plan of the equestrian center which is to be absorbed into the overall PUD project for the request The WEC has multiple activities and uses within in including the 5 arena barns one of which is the outdoor arena Mr Rison referred to an example of the monument sign (shown on the overhead screens) that is proposed at the entrances to the gates on Highway 40 and NW 80th Avenue Also proposed as part of the Master Plan are some illuminated signage that will be on the arenas themselves for instance their illuminated horsehead logo On the ends of the 2 arena barns another logo that has the name of project is proposed Staff recommendation is for approval of the request as it has been proposed however an adjustment to Condition No 11 is suggested In regard to the application for the sales center because it is isolated from the rest of the project staff recommends going ahead and temporarily being on septic tank and well until the systems are extended and get to this area At the point when the county issues an availability notice they would then connect within 90 days Mr Rison reiterated that staff is recommending approval of the PUD He stated they can move on and discuss the Development Agreement if the Board so desires or they can go ahead and focus on the PUD Chairman Bryant suggested they focus on the PUD since 2 separate motions have to be made and then they can come back to the Development Agreement Jimmy Gooding SE 36th Avenue attorney representing the applicant was present and advised that one of the main issues today is going to be the driveway which is involved in both applications respectfully requested that it may be more efficient to allow Mr Rison to make the presentation in regard to the Development Agreement so as to only make the presentation once Chairman Bryant agreed

Public Comment Public comment was heard in the second public hearing (below)

Board Discussion Board discussion occurred in the second public hearing portion (below)

Public Hearing to Consider 2018-DM02 mdash RLR Investments LLC Equestrian Operations LLC et al Golden Ocala Chapter 163 FS Development Agreement for Concurrence Impact Fee Credits Proportionate Share etc (Ed Note FS is the abbreviation for Florida Statutes)

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June 6 2018

Proof of Publication Deputy Clerk Bonvissuto presented Proof of Publication of a display entitled Notice of Public Hearing to Consider Golden Ocala Development Agreement published in the Star Banner newspaper on May 30 2018 The Notice states the Board will consider approval of a Development Agreement to be entered into pursuant to Sections 1633220 through 1633243 inclusive Florida Statutes between RLR Investments LLC Equine Operations LLC et al and Marion County Florida

Staff Presentation Senior Planner Chris Rison AICP Growth Services advised that the Development Agreement will modify some pre-existing Development Agreements that are in place on the property as well as others that were required but never completed This project was then proposed which significantly changed the character of the overall site itself and the former agreements are jointly listed by reference Additionally the project has now been designated as a development of regional impact (DRI) through the Comprehensive Plan The agreement addresses concurrency future impact fee credits proportionate share utility Equivalent Residential Connections (ERCs) the 2 additional entrances and their buffering The agreement went before the PampZ Commission on May 30 2018 The PampZ Commission supported the request noting issues that need to be worked out by staff and in relation to buffering Each of the agreements that were left outstanding by staff with the applicant have been resolved and are noted in the materials as the green text that are highlighted to show what was ultimately agreed to The remaining item is the ultimate resolution of the new access points and their buffering requirements Concerns were raised at the PampZ Commission hearing and there were going to be additional discussions and meetings Staff has not been fully appraised on the outcome of those and are looking to see if modifications have been made or what has originally been proposed Copies of materials from the original proposal can be shown on the overhead screens if the Board so desires It was the general consensus of the Board that the original proposals do not need to be shown Mr Rison advised that staff is recommending approval at this point once they actually work through the buffering issue for the new driveways Mr Gooding stated Mr Rison has adequately explained the zoning PUD aspect of this application He recalled that when the Board approved the Comprehensive Plan Amendment (CPA) and the then Settlement Agreement that followed it up the BCC was pretty clear if not emphatic that it wanted the developer to promptly proceed with the Concurrency Agreement which is here today as well as the specifics on the driveway These are not surprises but things they will need to do that the Board wanted done sooner rather than later Mr Gooding noted that a question at the PampZ Commission hearing was posed and advised that some of the properties in the northwest corner that are being added currently have a Rural land use as is the property to the south Those parcels cannot be developed at densities greater than that allowed by the Rural land use unless and until they come in with a CPA The properties can be left with Rural densities but if changed they will already be within the PUD boundary Commissioner Zalak asked if that type is in the PUD noting he was not sure by the explanation in the package Mr Gooding advised that it is clear in the presentation staff pointed out that they would get no more densities than allowed by the underlying land use

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Mr Gooding advised that the driveway issue is involved in both which he will address last He noted Mr Rison adequately explained the Concurrency Agreement and stated he will briefly dwell into a couple more points The agreement deals with a number of issues some that is seen in there may be a bit surprising such as proximity to schools local hospitals etc As the County Attorney can confirm Chapter 163 FS governs these and requires some of those things to be included What is important is that the agreement establishes the proportionate share mitigation that his client is obligated to provide which is based on a statutory formula and the number a little under $6000000 was reached after discussions between their transportation consultant Kimley-Horn amp Associates and county staff Mr Gooding noted Amber Garten is present for Kimley-Horn He advised that his client is going to pay or provide the $6000000 in two ways by providing several improvements called Initial Intersection Improvements in the agreement which includes the addition of several turn lanes going in various directions at the intersection of NW 80th Avenue and Highway 27 where most of the work will occur The other intersection improvement is at NW 80th and SR 40 Those initial intersection improvements will be made even though the traffic study did not indicate that all of them were necessary at the present time for two reasons One is due to concern expressed by the BCC and others about NW 80th Avenue and secondly is because they want the road to work without any problems so that people can get to the facility Against that proportionate share (prop-share) mitigation obligation they will receive impact fee credits per statute for the construction cost and the difference will be paid in cash by 2023 even though NW 80th Avenue is not yet on the Capital Improvement Plan (CIP) for widening Because some of the work is not yet on the CIP this agreement has to be approved by a supermajority which is at least 4 out of 5 Commissioners In addition Mr Goodings client is constructing entrance improvements on his own dime off of NW 80th Avenue into the WEC on the Recreational Vehicle (RV) facility no impact fee credits will be received for these One of the more important issues that was discussed is the conveyance of rights-of-way (ROW) for NW 80th Avenue After extensive negotiations the county has managed to obtain all ROW they have to give along the west side of NW 80th Avenue The existing wall and landscape buffer around Golden Ocala will not be included in the additional ROW but they are obligated to provide additional ROW along other areas including behind the fire station to permit parking to be located back there after the road is widened and perhaps to improve the facility In response to Commissioner Zalak County Administrator Mounir Bouyounes advised that the county has all of the ROW secured that is adjacent to the Golden Ocala property Mr Gooding opined that those are the transportation issues and noted they have an existing water and sewer utility agreement with the county that dates way back that granted ERCs The current remaining amount has been fixed so that everyone will know what they have going forward but more importantly they are permitting these to be used throughout the rest of the project Commissioner Zalak addressed the convention center noting they talked about that in length but it is not included in the traffic study at this point He stated the county will have to negotiate that with the developer at the time of as they obviously cannot pay for that yet or willing to negotiate that as part of the whole process Commissioner Zalak advised that will be brought back to the Board at a later time Chairman Bryant agreed that it is a totally separate issue Mr Gooding concurred noting the only reason it is mentioned in the agreement is to confirm that even though there have been discussions this does not resolve those and nothing obligates either of us to go forward

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June 6 2018

Mr Gooding addressed what he anticipates will be some of the concerns by residents which is the driveway what they call the SR 40 driveway improvements in the agreement Some residents have characterized it in a different manner because of their belief that it is going it impact them and have referred to the driveway as a road street or turnpike He stated the dictionary definition of driveway is a road especially a private one leading from a street or other thoroughfare to a building house garage etc By definition a driveway is a road and they are calling it a driveway so as not to confuse anyone since it is not a public street or road and the county has no maintenance obligations The genesis of this driveway arose during the negotiations with Mr Bowers challenge on the CPA Mr Gooding advised that Mr Roberts (his client) suggested this idea after the CPA was approved he bought the land where the driveway entrances along Highway 40 are going to be located which is why it was necessary for them to include that property in the PUD He opined that the driveway is beneficial for everyone as it will take a significant amount of traffic off of NW 80th Avenue because it will be the main entrance to the hotel and where the barns are located on the WEC Entrances will still be off of NW 80th Avenue but most of the people attending equine events that are anticipated are participants Mr Gooding advised that Ms Gartner has performed a traffic analysis confirming that and most people like the driveway but some of the neighbors have concerns David Tillman Tillman amp Associates LLC SE 16th Avenue noted 2 different cross sections are shown on the drawing (shown on two large maps held up by Mr Gooding) He advised that a location was marked on the map of where a cross section was wanted to look at elevations to see if the berm with the hedge they talked about putting in actually blocked the view of traffic on the driveway Mr Tillman commented on the line of sight from the high point noting traffic cannot be seen on the drivewayroadway entering from SR 40 Mr Tillman stated they are looking to plant Confederate Jasmine or another hardy plant on the fence noting 4 other plants were put in the agreement to select from in the event something was not available so they would have an alternative Mr Tillman referred to the berm which has a 21 (2 to 1) slope and made it a little steeper to create a smaller footprint since some of the neighbors wanted to preserve the trees that are adjacent to their property line He stated the berm was pushed over and squeezed in the median was reduced for the center line so they could push everything further away which left them 82 feet of separation from edge of pavement to the neighbors property line Trees are only on the southern 500 feet of that section The trees will remain in that section where the berm is not going for a natural buffer The other area they will be planting trees 20 feet on center to grow or fill in to help create more of a buffer in that region A few trees will also be planted to fill in any gaps in that region Mr Tillman stated the other side of the large map shows the alignment of the new access driveway to Highway 40 Mr Gooding advised that the maps are also included in the agenda packet In response to Mr Rison Mr Gooding advised that the maps have not changed from what was presented at the PampZ Commission however they will add notes to it Mr Tillman noted the only thing they will be modifying is that it is labeled that it can be field fence which will be changed to a chain link fence because they do not want the wooden posts that require long-term maintenance but rather to be maintenance free He opined they also have notes about adding irrigation

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Mr Tillman stated timing was one of the issues discussed with neighbors for construction noting the neighbors want the berm to be the first thing that goes in It is going to have a curve as one of the first things but they cannot specifically put it as being the first thing they put in place because it will be in conjunction with the roadway and stormwater pond They will be pulling some of the dirt from that construction as well as some dirt from the equestrian center to also go here He advised that the berm will not be one of the first things they do but it will be during this process not all put in and established before starting on the roadway construction Mr Gooding advised that they agreed to some additional things that are going to be in there and will be included in the final revised plans which he read into the record 1) Berm will extend 100 feet North and South of the Hamlet boundaries 2) remove reference to field fence 3) construction of the berm will commence prior to or simultaneously with commencement of the driveway 4) trees will be planted at no greater than 20-foot intervals in area between the berm and the western boundary of Sherman Oaks unless existing mature trees within such area at such intervals can be preserved in areas where such intervals are maintained with existing mature trees will be planted to maintain such intervals and 5) any bridle trail between the berm and the western boundary of Sherman Oaks shall not be more than ten feet in width He stated those are the additional items that are not yet depicted on the plan Mr Gooding stated he looks forward to hearing for the neighbors and the opportunity to respond to any concerns they may have

Public Comment Chairman Bryant opened the floor to public comment Michelle Shearer SE 85th Street advised from her seat in the auditorium that she declines to speak at this time Doug Shearer SE 85th Street advised from his seat in the audience that he also declines to speak at this time David MacKay SW College Road attorney representing Rebecca Lord a property owner whose property abuts the Hamlet of Sherman Oaks He noted he has been involved in this since the early stages of the project Mr MacKay stated not everyone is entirely happy with the roadway but are trying to make the best of a bad situation He noted they did sit down with Mr Gooding and representatives from Mr Roberts company and worked through the issues they had with respect to trying to make the best of a bad situation Speaking on behalf of his client Mr MacKay stated while this is obviously not the absolute best solution she is satisfied that they are close enough that she is prepared to accept this and move on with her life He commented on the additional issues that Mr Gooding brought to the Boards attention noting those will be added to the map and the diagrams presented as additional conditions Those two items are intended to be exhibits of the Development Agreement To the extent that those are inconsistent with what is on the Master Plan in the PUD zoning there was a note there as far as a buffer area along the boundary with the Hamlet of Sherman Oaks that referred to it as a B-7 class buffer which was somewhat of a customized buffer Mr MacKay stated he wanted to make sure that is not inconsistent with what this is noting those two need to be rationalized so that they both follow the terms and conditions that have been agreed to here Chairman Bryant advised that public comment is now closed Mr Gooding advised that the sketches will be part of not only the Concurrency Development Agreement but also the Master Plan documents so it will be in both places

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June 6 2018

In response to Chairman Bryant Mr MacKay advised that this is satisfactory He stated that before public comment is closed he would like to make a statement on behalf of another of his clients Chairman Bryant advised that public comment is already closed but stated he can go ahead Mr MacKay stated he had a question in regard to the monument sign approvals noting as he understands it they are supposed to be major signs that are 50 to 60 feet tall with a lighted sign panel as sort of represented in the picture shown earlier He advised that he represents a client (Pat Morrison) that owns property in Winners Circle directly across from the main entrance on NW 80th Avenue directly between the two major barns All of the traffic coming out is going to face into his clients property The properties are situated such that they do not access from interior roadways Mr MacKay stated his clients only access is on NW 80th Avenue and requested some form of buffering on the ROW along the east side to somehow deflect headlights into his clients property In response to Commissioner Zalak Mr MacKay stated his clients property is treed and he is not currently residing on the vacant piece of property however he does anticipate relocating there in the future Mr Morrison is somewhat concerned by the giant lighted sign that will be directly across the street but also the traffic impact that will affect him due to the location of the driveway In response to Chairman Bryant Mr MacKay stated it is undeveloped property a 25 acre lot Commissioner Zalak noted Mr MacKay said in the ROW and asked if he wanted the buffer to be in the ROW or on the clients property when the area is widened Mr MacKay stated it can be either way along the edge of that property Mr Gooding stated this is the first they have heard of this one but does not know of any occasion where the county has ever required someone to plant or construct a buffer on the other side of a road He opined that it is a bad precedent to set and advised that they are not committed to doing that at the present time The county is obviously going to be doing a lot of work there and perhaps something could be done in connection with that roadwork The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding the rezoning petition heard earlier in the meeting A motion was made by Commissioner Gold seconded by Commissioner Zalak to approve the Zoning Change from A-1 and PUD to PUD with Conditions 1 through 15 as amended (see below) agreeing with Growth Services staff and the PampZ Commission recommendations based on findings that the proposed use is compatible with the surrounding land uses is consistent with the Comprehensive Plan and will not adversely affect the public interest

CONDITION NO 11 All project development shall be served by central potable water and central sanitary sewer services both of which shall be provided by Marion County Utilities andor its successorsassigns prior to the issuance of any project Certificates of Occupancy or equivalent final inspection with the services installed andor developed consistent with the LDC The professional (sales center) office may be established using a temporary on-site treatment disposal system (OSTDSseptic) and a temporary well however the office shall be connected to central sanitary sewer service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central sanitary sewer is now available to the office and shall be connected to central

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water service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central water is now available to the office

Chairman Bryant stated the changes by Mr Gooding are also to be included The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to adopt Ordinance 18-15 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on the application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-15 is entitled

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A REQUEST FOR A ZONING CHANGE FOR GOLDEN OCALA PUD - RLR INVESTMENTS LLC ET AL AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE

Board Discussion A motion was made by Commissioner Zalak seconded by Commissioner Moore to approve the Development Agreement with changes as discussed The motion was unanimously approved by the Board (5-0)

WALK-ON Request Approval to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible The Board considered the following recommendation from County Administrator Mounir Bouyounes PE Administration

DescriptionBackground During the June 5 2018 BCC meeting staff was directed to bring alternate dates back during this public hearing for the BCC to consider and schedulereschedule the following MSTU public hearings Windstream Improvement Area and Rainbow Springs (Phase I) Improvement Area In coordination with the calendars of outside counsel and the commission Monday July 23 2018 is proposed for these hearings

bull Windstream Improvement Area Monday July 23 2018 at 400 pm or as soon thereafter as possible (following the Animal Services Workshop)

bull Rainbow Springs (Phase I) Improvement Area Monday July 23 2018 at 415 pm or as soon thereafter as possible (following the Windstream Improvement Area Public Hearing)

Budget Impact None Recommended Action Motion to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and Motion to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible

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A motion was made by Commissioner Gold seconded by Commissioner Zalak to reschedule the public hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to schedule and advertise a public hearing on Monday July 23 2018 at 415 pm or as soon thereafter as possible to extend the assessment period of remaining properties with unpaid balances located within the Rainbow Springs (Phase 1) Improvement Area The motion was unanimously approved by the Board (5-0)

CLOSING COMMENTS County Attorney Matthew G Minter commented on the revised Resolution (18-R-194) that was adopted at the regular BCC meeting on Tuesday June 5 2018 Chairman Bryant advised that copies are in the lobby for anyone who showed up interested in the Resolution regarding the Coastal Connector

There being no further business to come before the Board the meeting thereupon adjourned at 240 pm

athy Bry t Chairman

Attest

David R Ellspe ann Clerk

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asking for a series of items 1) adding 215 acres 2) adding 2 access points on West Highway 40 3) approving a Professional Office real estate sales center off of the new Highway 40 access and 4) approving a Master Sign Plan related to the World Equestrian Center (WEC) itself The Master Sign Plan would be 2 monument signs and staff has recommended approval for a potential third sign in the long-term future which is being addressed with this request Mr Rison referred to the overall Master Plan (shown on the overhead screens) and noted the additions are areas highlighted in green He stated S is the Master Sign proposal and the Master Sign proposal related to the WEC Staff is recommending that a third point be provided for in the northeastern corner At the southeastern corner of the site off Highway 40 is the proposed location for the 2 additional access points and then the home sales center location off of that access route The Master Plan updates the PUD information regarding the project and also includes an inset plan of the equestrian center which is to be absorbed into the overall PUD project for the request The WEC has multiple activities and uses within in including the 5 arena barns one of which is the outdoor arena Mr Rison referred to an example of the monument sign (shown on the overhead screens) that is proposed at the entrances to the gates on Highway 40 and NW 80th Avenue Also proposed as part of the Master Plan are some illuminated signage that will be on the arenas themselves for instance their illuminated horsehead logo On the ends of the 2 arena barns another logo that has the name of project is proposed Staff recommendation is for approval of the request as it has been proposed however an adjustment to Condition No 11 is suggested In regard to the application for the sales center because it is isolated from the rest of the project staff recommends going ahead and temporarily being on septic tank and well until the systems are extended and get to this area At the point when the county issues an availability notice they would then connect within 90 days Mr Rison reiterated that staff is recommending approval of the PUD He stated they can move on and discuss the Development Agreement if the Board so desires or they can go ahead and focus on the PUD Chairman Bryant suggested they focus on the PUD since 2 separate motions have to be made and then they can come back to the Development Agreement Jimmy Gooding SE 36th Avenue attorney representing the applicant was present and advised that one of the main issues today is going to be the driveway which is involved in both applications respectfully requested that it may be more efficient to allow Mr Rison to make the presentation in regard to the Development Agreement so as to only make the presentation once Chairman Bryant agreed

Public Comment Public comment was heard in the second public hearing (below)

Board Discussion Board discussion occurred in the second public hearing portion (below)

Public Hearing to Consider 2018-DM02 mdash RLR Investments LLC Equestrian Operations LLC et al Golden Ocala Chapter 163 FS Development Agreement for Concurrence Impact Fee Credits Proportionate Share etc (Ed Note FS is the abbreviation for Florida Statutes)

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Proof of Publication Deputy Clerk Bonvissuto presented Proof of Publication of a display entitled Notice of Public Hearing to Consider Golden Ocala Development Agreement published in the Star Banner newspaper on May 30 2018 The Notice states the Board will consider approval of a Development Agreement to be entered into pursuant to Sections 1633220 through 1633243 inclusive Florida Statutes between RLR Investments LLC Equine Operations LLC et al and Marion County Florida

Staff Presentation Senior Planner Chris Rison AICP Growth Services advised that the Development Agreement will modify some pre-existing Development Agreements that are in place on the property as well as others that were required but never completed This project was then proposed which significantly changed the character of the overall site itself and the former agreements are jointly listed by reference Additionally the project has now been designated as a development of regional impact (DRI) through the Comprehensive Plan The agreement addresses concurrency future impact fee credits proportionate share utility Equivalent Residential Connections (ERCs) the 2 additional entrances and their buffering The agreement went before the PampZ Commission on May 30 2018 The PampZ Commission supported the request noting issues that need to be worked out by staff and in relation to buffering Each of the agreements that were left outstanding by staff with the applicant have been resolved and are noted in the materials as the green text that are highlighted to show what was ultimately agreed to The remaining item is the ultimate resolution of the new access points and their buffering requirements Concerns were raised at the PampZ Commission hearing and there were going to be additional discussions and meetings Staff has not been fully appraised on the outcome of those and are looking to see if modifications have been made or what has originally been proposed Copies of materials from the original proposal can be shown on the overhead screens if the Board so desires It was the general consensus of the Board that the original proposals do not need to be shown Mr Rison advised that staff is recommending approval at this point once they actually work through the buffering issue for the new driveways Mr Gooding stated Mr Rison has adequately explained the zoning PUD aspect of this application He recalled that when the Board approved the Comprehensive Plan Amendment (CPA) and the then Settlement Agreement that followed it up the BCC was pretty clear if not emphatic that it wanted the developer to promptly proceed with the Concurrency Agreement which is here today as well as the specifics on the driveway These are not surprises but things they will need to do that the Board wanted done sooner rather than later Mr Gooding noted that a question at the PampZ Commission hearing was posed and advised that some of the properties in the northwest corner that are being added currently have a Rural land use as is the property to the south Those parcels cannot be developed at densities greater than that allowed by the Rural land use unless and until they come in with a CPA The properties can be left with Rural densities but if changed they will already be within the PUD boundary Commissioner Zalak asked if that type is in the PUD noting he was not sure by the explanation in the package Mr Gooding advised that it is clear in the presentation staff pointed out that they would get no more densities than allowed by the underlying land use

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Mr Gooding advised that the driveway issue is involved in both which he will address last He noted Mr Rison adequately explained the Concurrency Agreement and stated he will briefly dwell into a couple more points The agreement deals with a number of issues some that is seen in there may be a bit surprising such as proximity to schools local hospitals etc As the County Attorney can confirm Chapter 163 FS governs these and requires some of those things to be included What is important is that the agreement establishes the proportionate share mitigation that his client is obligated to provide which is based on a statutory formula and the number a little under $6000000 was reached after discussions between their transportation consultant Kimley-Horn amp Associates and county staff Mr Gooding noted Amber Garten is present for Kimley-Horn He advised that his client is going to pay or provide the $6000000 in two ways by providing several improvements called Initial Intersection Improvements in the agreement which includes the addition of several turn lanes going in various directions at the intersection of NW 80th Avenue and Highway 27 where most of the work will occur The other intersection improvement is at NW 80th and SR 40 Those initial intersection improvements will be made even though the traffic study did not indicate that all of them were necessary at the present time for two reasons One is due to concern expressed by the BCC and others about NW 80th Avenue and secondly is because they want the road to work without any problems so that people can get to the facility Against that proportionate share (prop-share) mitigation obligation they will receive impact fee credits per statute for the construction cost and the difference will be paid in cash by 2023 even though NW 80th Avenue is not yet on the Capital Improvement Plan (CIP) for widening Because some of the work is not yet on the CIP this agreement has to be approved by a supermajority which is at least 4 out of 5 Commissioners In addition Mr Goodings client is constructing entrance improvements on his own dime off of NW 80th Avenue into the WEC on the Recreational Vehicle (RV) facility no impact fee credits will be received for these One of the more important issues that was discussed is the conveyance of rights-of-way (ROW) for NW 80th Avenue After extensive negotiations the county has managed to obtain all ROW they have to give along the west side of NW 80th Avenue The existing wall and landscape buffer around Golden Ocala will not be included in the additional ROW but they are obligated to provide additional ROW along other areas including behind the fire station to permit parking to be located back there after the road is widened and perhaps to improve the facility In response to Commissioner Zalak County Administrator Mounir Bouyounes advised that the county has all of the ROW secured that is adjacent to the Golden Ocala property Mr Gooding opined that those are the transportation issues and noted they have an existing water and sewer utility agreement with the county that dates way back that granted ERCs The current remaining amount has been fixed so that everyone will know what they have going forward but more importantly they are permitting these to be used throughout the rest of the project Commissioner Zalak addressed the convention center noting they talked about that in length but it is not included in the traffic study at this point He stated the county will have to negotiate that with the developer at the time of as they obviously cannot pay for that yet or willing to negotiate that as part of the whole process Commissioner Zalak advised that will be brought back to the Board at a later time Chairman Bryant agreed that it is a totally separate issue Mr Gooding concurred noting the only reason it is mentioned in the agreement is to confirm that even though there have been discussions this does not resolve those and nothing obligates either of us to go forward

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Mr Gooding addressed what he anticipates will be some of the concerns by residents which is the driveway what they call the SR 40 driveway improvements in the agreement Some residents have characterized it in a different manner because of their belief that it is going it impact them and have referred to the driveway as a road street or turnpike He stated the dictionary definition of driveway is a road especially a private one leading from a street or other thoroughfare to a building house garage etc By definition a driveway is a road and they are calling it a driveway so as not to confuse anyone since it is not a public street or road and the county has no maintenance obligations The genesis of this driveway arose during the negotiations with Mr Bowers challenge on the CPA Mr Gooding advised that Mr Roberts (his client) suggested this idea after the CPA was approved he bought the land where the driveway entrances along Highway 40 are going to be located which is why it was necessary for them to include that property in the PUD He opined that the driveway is beneficial for everyone as it will take a significant amount of traffic off of NW 80th Avenue because it will be the main entrance to the hotel and where the barns are located on the WEC Entrances will still be off of NW 80th Avenue but most of the people attending equine events that are anticipated are participants Mr Gooding advised that Ms Gartner has performed a traffic analysis confirming that and most people like the driveway but some of the neighbors have concerns David Tillman Tillman amp Associates LLC SE 16th Avenue noted 2 different cross sections are shown on the drawing (shown on two large maps held up by Mr Gooding) He advised that a location was marked on the map of where a cross section was wanted to look at elevations to see if the berm with the hedge they talked about putting in actually blocked the view of traffic on the driveway Mr Tillman commented on the line of sight from the high point noting traffic cannot be seen on the drivewayroadway entering from SR 40 Mr Tillman stated they are looking to plant Confederate Jasmine or another hardy plant on the fence noting 4 other plants were put in the agreement to select from in the event something was not available so they would have an alternative Mr Tillman referred to the berm which has a 21 (2 to 1) slope and made it a little steeper to create a smaller footprint since some of the neighbors wanted to preserve the trees that are adjacent to their property line He stated the berm was pushed over and squeezed in the median was reduced for the center line so they could push everything further away which left them 82 feet of separation from edge of pavement to the neighbors property line Trees are only on the southern 500 feet of that section The trees will remain in that section where the berm is not going for a natural buffer The other area they will be planting trees 20 feet on center to grow or fill in to help create more of a buffer in that region A few trees will also be planted to fill in any gaps in that region Mr Tillman stated the other side of the large map shows the alignment of the new access driveway to Highway 40 Mr Gooding advised that the maps are also included in the agenda packet In response to Mr Rison Mr Gooding advised that the maps have not changed from what was presented at the PampZ Commission however they will add notes to it Mr Tillman noted the only thing they will be modifying is that it is labeled that it can be field fence which will be changed to a chain link fence because they do not want the wooden posts that require long-term maintenance but rather to be maintenance free He opined they also have notes about adding irrigation

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Mr Tillman stated timing was one of the issues discussed with neighbors for construction noting the neighbors want the berm to be the first thing that goes in It is going to have a curve as one of the first things but they cannot specifically put it as being the first thing they put in place because it will be in conjunction with the roadway and stormwater pond They will be pulling some of the dirt from that construction as well as some dirt from the equestrian center to also go here He advised that the berm will not be one of the first things they do but it will be during this process not all put in and established before starting on the roadway construction Mr Gooding advised that they agreed to some additional things that are going to be in there and will be included in the final revised plans which he read into the record 1) Berm will extend 100 feet North and South of the Hamlet boundaries 2) remove reference to field fence 3) construction of the berm will commence prior to or simultaneously with commencement of the driveway 4) trees will be planted at no greater than 20-foot intervals in area between the berm and the western boundary of Sherman Oaks unless existing mature trees within such area at such intervals can be preserved in areas where such intervals are maintained with existing mature trees will be planted to maintain such intervals and 5) any bridle trail between the berm and the western boundary of Sherman Oaks shall not be more than ten feet in width He stated those are the additional items that are not yet depicted on the plan Mr Gooding stated he looks forward to hearing for the neighbors and the opportunity to respond to any concerns they may have

Public Comment Chairman Bryant opened the floor to public comment Michelle Shearer SE 85th Street advised from her seat in the auditorium that she declines to speak at this time Doug Shearer SE 85th Street advised from his seat in the audience that he also declines to speak at this time David MacKay SW College Road attorney representing Rebecca Lord a property owner whose property abuts the Hamlet of Sherman Oaks He noted he has been involved in this since the early stages of the project Mr MacKay stated not everyone is entirely happy with the roadway but are trying to make the best of a bad situation He noted they did sit down with Mr Gooding and representatives from Mr Roberts company and worked through the issues they had with respect to trying to make the best of a bad situation Speaking on behalf of his client Mr MacKay stated while this is obviously not the absolute best solution she is satisfied that they are close enough that she is prepared to accept this and move on with her life He commented on the additional issues that Mr Gooding brought to the Boards attention noting those will be added to the map and the diagrams presented as additional conditions Those two items are intended to be exhibits of the Development Agreement To the extent that those are inconsistent with what is on the Master Plan in the PUD zoning there was a note there as far as a buffer area along the boundary with the Hamlet of Sherman Oaks that referred to it as a B-7 class buffer which was somewhat of a customized buffer Mr MacKay stated he wanted to make sure that is not inconsistent with what this is noting those two need to be rationalized so that they both follow the terms and conditions that have been agreed to here Chairman Bryant advised that public comment is now closed Mr Gooding advised that the sketches will be part of not only the Concurrency Development Agreement but also the Master Plan documents so it will be in both places

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June 6 2018

In response to Chairman Bryant Mr MacKay advised that this is satisfactory He stated that before public comment is closed he would like to make a statement on behalf of another of his clients Chairman Bryant advised that public comment is already closed but stated he can go ahead Mr MacKay stated he had a question in regard to the monument sign approvals noting as he understands it they are supposed to be major signs that are 50 to 60 feet tall with a lighted sign panel as sort of represented in the picture shown earlier He advised that he represents a client (Pat Morrison) that owns property in Winners Circle directly across from the main entrance on NW 80th Avenue directly between the two major barns All of the traffic coming out is going to face into his clients property The properties are situated such that they do not access from interior roadways Mr MacKay stated his clients only access is on NW 80th Avenue and requested some form of buffering on the ROW along the east side to somehow deflect headlights into his clients property In response to Commissioner Zalak Mr MacKay stated his clients property is treed and he is not currently residing on the vacant piece of property however he does anticipate relocating there in the future Mr Morrison is somewhat concerned by the giant lighted sign that will be directly across the street but also the traffic impact that will affect him due to the location of the driveway In response to Chairman Bryant Mr MacKay stated it is undeveloped property a 25 acre lot Commissioner Zalak noted Mr MacKay said in the ROW and asked if he wanted the buffer to be in the ROW or on the clients property when the area is widened Mr MacKay stated it can be either way along the edge of that property Mr Gooding stated this is the first they have heard of this one but does not know of any occasion where the county has ever required someone to plant or construct a buffer on the other side of a road He opined that it is a bad precedent to set and advised that they are not committed to doing that at the present time The county is obviously going to be doing a lot of work there and perhaps something could be done in connection with that roadwork The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding the rezoning petition heard earlier in the meeting A motion was made by Commissioner Gold seconded by Commissioner Zalak to approve the Zoning Change from A-1 and PUD to PUD with Conditions 1 through 15 as amended (see below) agreeing with Growth Services staff and the PampZ Commission recommendations based on findings that the proposed use is compatible with the surrounding land uses is consistent with the Comprehensive Plan and will not adversely affect the public interest

CONDITION NO 11 All project development shall be served by central potable water and central sanitary sewer services both of which shall be provided by Marion County Utilities andor its successorsassigns prior to the issuance of any project Certificates of Occupancy or equivalent final inspection with the services installed andor developed consistent with the LDC The professional (sales center) office may be established using a temporary on-site treatment disposal system (OSTDSseptic) and a temporary well however the office shall be connected to central sanitary sewer service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central sanitary sewer is now available to the office and shall be connected to central

Page 48 Book Y

June 6 2018

water service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central water is now available to the office

Chairman Bryant stated the changes by Mr Gooding are also to be included The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to adopt Ordinance 18-15 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on the application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-15 is entitled

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A REQUEST FOR A ZONING CHANGE FOR GOLDEN OCALA PUD - RLR INVESTMENTS LLC ET AL AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE

Board Discussion A motion was made by Commissioner Zalak seconded by Commissioner Moore to approve the Development Agreement with changes as discussed The motion was unanimously approved by the Board (5-0)

WALK-ON Request Approval to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible The Board considered the following recommendation from County Administrator Mounir Bouyounes PE Administration

DescriptionBackground During the June 5 2018 BCC meeting staff was directed to bring alternate dates back during this public hearing for the BCC to consider and schedulereschedule the following MSTU public hearings Windstream Improvement Area and Rainbow Springs (Phase I) Improvement Area In coordination with the calendars of outside counsel and the commission Monday July 23 2018 is proposed for these hearings

bull Windstream Improvement Area Monday July 23 2018 at 400 pm or as soon thereafter as possible (following the Animal Services Workshop)

bull Rainbow Springs (Phase I) Improvement Area Monday July 23 2018 at 415 pm or as soon thereafter as possible (following the Windstream Improvement Area Public Hearing)

Budget Impact None Recommended Action Motion to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and Motion to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible

Book Y Page 49

June 6 2018

A motion was made by Commissioner Gold seconded by Commissioner Zalak to reschedule the public hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to schedule and advertise a public hearing on Monday July 23 2018 at 415 pm or as soon thereafter as possible to extend the assessment period of remaining properties with unpaid balances located within the Rainbow Springs (Phase 1) Improvement Area The motion was unanimously approved by the Board (5-0)

CLOSING COMMENTS County Attorney Matthew G Minter commented on the revised Resolution (18-R-194) that was adopted at the regular BCC meeting on Tuesday June 5 2018 Chairman Bryant advised that copies are in the lobby for anyone who showed up interested in the Resolution regarding the Coastal Connector

There being no further business to come before the Board the meeting thereupon adjourned at 240 pm

athy Bry t Chairman

Attest

David R Ellspe ann Clerk

Page 50 Book Y

June 6 2018

Proof of Publication Deputy Clerk Bonvissuto presented Proof of Publication of a display entitled Notice of Public Hearing to Consider Golden Ocala Development Agreement published in the Star Banner newspaper on May 30 2018 The Notice states the Board will consider approval of a Development Agreement to be entered into pursuant to Sections 1633220 through 1633243 inclusive Florida Statutes between RLR Investments LLC Equine Operations LLC et al and Marion County Florida

Staff Presentation Senior Planner Chris Rison AICP Growth Services advised that the Development Agreement will modify some pre-existing Development Agreements that are in place on the property as well as others that were required but never completed This project was then proposed which significantly changed the character of the overall site itself and the former agreements are jointly listed by reference Additionally the project has now been designated as a development of regional impact (DRI) through the Comprehensive Plan The agreement addresses concurrency future impact fee credits proportionate share utility Equivalent Residential Connections (ERCs) the 2 additional entrances and their buffering The agreement went before the PampZ Commission on May 30 2018 The PampZ Commission supported the request noting issues that need to be worked out by staff and in relation to buffering Each of the agreements that were left outstanding by staff with the applicant have been resolved and are noted in the materials as the green text that are highlighted to show what was ultimately agreed to The remaining item is the ultimate resolution of the new access points and their buffering requirements Concerns were raised at the PampZ Commission hearing and there were going to be additional discussions and meetings Staff has not been fully appraised on the outcome of those and are looking to see if modifications have been made or what has originally been proposed Copies of materials from the original proposal can be shown on the overhead screens if the Board so desires It was the general consensus of the Board that the original proposals do not need to be shown Mr Rison advised that staff is recommending approval at this point once they actually work through the buffering issue for the new driveways Mr Gooding stated Mr Rison has adequately explained the zoning PUD aspect of this application He recalled that when the Board approved the Comprehensive Plan Amendment (CPA) and the then Settlement Agreement that followed it up the BCC was pretty clear if not emphatic that it wanted the developer to promptly proceed with the Concurrency Agreement which is here today as well as the specifics on the driveway These are not surprises but things they will need to do that the Board wanted done sooner rather than later Mr Gooding noted that a question at the PampZ Commission hearing was posed and advised that some of the properties in the northwest corner that are being added currently have a Rural land use as is the property to the south Those parcels cannot be developed at densities greater than that allowed by the Rural land use unless and until they come in with a CPA The properties can be left with Rural densities but if changed they will already be within the PUD boundary Commissioner Zalak asked if that type is in the PUD noting he was not sure by the explanation in the package Mr Gooding advised that it is clear in the presentation staff pointed out that they would get no more densities than allowed by the underlying land use

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June 6 2018

Mr Gooding advised that the driveway issue is involved in both which he will address last He noted Mr Rison adequately explained the Concurrency Agreement and stated he will briefly dwell into a couple more points The agreement deals with a number of issues some that is seen in there may be a bit surprising such as proximity to schools local hospitals etc As the County Attorney can confirm Chapter 163 FS governs these and requires some of those things to be included What is important is that the agreement establishes the proportionate share mitigation that his client is obligated to provide which is based on a statutory formula and the number a little under $6000000 was reached after discussions between their transportation consultant Kimley-Horn amp Associates and county staff Mr Gooding noted Amber Garten is present for Kimley-Horn He advised that his client is going to pay or provide the $6000000 in two ways by providing several improvements called Initial Intersection Improvements in the agreement which includes the addition of several turn lanes going in various directions at the intersection of NW 80th Avenue and Highway 27 where most of the work will occur The other intersection improvement is at NW 80th and SR 40 Those initial intersection improvements will be made even though the traffic study did not indicate that all of them were necessary at the present time for two reasons One is due to concern expressed by the BCC and others about NW 80th Avenue and secondly is because they want the road to work without any problems so that people can get to the facility Against that proportionate share (prop-share) mitigation obligation they will receive impact fee credits per statute for the construction cost and the difference will be paid in cash by 2023 even though NW 80th Avenue is not yet on the Capital Improvement Plan (CIP) for widening Because some of the work is not yet on the CIP this agreement has to be approved by a supermajority which is at least 4 out of 5 Commissioners In addition Mr Goodings client is constructing entrance improvements on his own dime off of NW 80th Avenue into the WEC on the Recreational Vehicle (RV) facility no impact fee credits will be received for these One of the more important issues that was discussed is the conveyance of rights-of-way (ROW) for NW 80th Avenue After extensive negotiations the county has managed to obtain all ROW they have to give along the west side of NW 80th Avenue The existing wall and landscape buffer around Golden Ocala will not be included in the additional ROW but they are obligated to provide additional ROW along other areas including behind the fire station to permit parking to be located back there after the road is widened and perhaps to improve the facility In response to Commissioner Zalak County Administrator Mounir Bouyounes advised that the county has all of the ROW secured that is adjacent to the Golden Ocala property Mr Gooding opined that those are the transportation issues and noted they have an existing water and sewer utility agreement with the county that dates way back that granted ERCs The current remaining amount has been fixed so that everyone will know what they have going forward but more importantly they are permitting these to be used throughout the rest of the project Commissioner Zalak addressed the convention center noting they talked about that in length but it is not included in the traffic study at this point He stated the county will have to negotiate that with the developer at the time of as they obviously cannot pay for that yet or willing to negotiate that as part of the whole process Commissioner Zalak advised that will be brought back to the Board at a later time Chairman Bryant agreed that it is a totally separate issue Mr Gooding concurred noting the only reason it is mentioned in the agreement is to confirm that even though there have been discussions this does not resolve those and nothing obligates either of us to go forward

Book Y Page 45

June 6 2018

Mr Gooding addressed what he anticipates will be some of the concerns by residents which is the driveway what they call the SR 40 driveway improvements in the agreement Some residents have characterized it in a different manner because of their belief that it is going it impact them and have referred to the driveway as a road street or turnpike He stated the dictionary definition of driveway is a road especially a private one leading from a street or other thoroughfare to a building house garage etc By definition a driveway is a road and they are calling it a driveway so as not to confuse anyone since it is not a public street or road and the county has no maintenance obligations The genesis of this driveway arose during the negotiations with Mr Bowers challenge on the CPA Mr Gooding advised that Mr Roberts (his client) suggested this idea after the CPA was approved he bought the land where the driveway entrances along Highway 40 are going to be located which is why it was necessary for them to include that property in the PUD He opined that the driveway is beneficial for everyone as it will take a significant amount of traffic off of NW 80th Avenue because it will be the main entrance to the hotel and where the barns are located on the WEC Entrances will still be off of NW 80th Avenue but most of the people attending equine events that are anticipated are participants Mr Gooding advised that Ms Gartner has performed a traffic analysis confirming that and most people like the driveway but some of the neighbors have concerns David Tillman Tillman amp Associates LLC SE 16th Avenue noted 2 different cross sections are shown on the drawing (shown on two large maps held up by Mr Gooding) He advised that a location was marked on the map of where a cross section was wanted to look at elevations to see if the berm with the hedge they talked about putting in actually blocked the view of traffic on the driveway Mr Tillman commented on the line of sight from the high point noting traffic cannot be seen on the drivewayroadway entering from SR 40 Mr Tillman stated they are looking to plant Confederate Jasmine or another hardy plant on the fence noting 4 other plants were put in the agreement to select from in the event something was not available so they would have an alternative Mr Tillman referred to the berm which has a 21 (2 to 1) slope and made it a little steeper to create a smaller footprint since some of the neighbors wanted to preserve the trees that are adjacent to their property line He stated the berm was pushed over and squeezed in the median was reduced for the center line so they could push everything further away which left them 82 feet of separation from edge of pavement to the neighbors property line Trees are only on the southern 500 feet of that section The trees will remain in that section where the berm is not going for a natural buffer The other area they will be planting trees 20 feet on center to grow or fill in to help create more of a buffer in that region A few trees will also be planted to fill in any gaps in that region Mr Tillman stated the other side of the large map shows the alignment of the new access driveway to Highway 40 Mr Gooding advised that the maps are also included in the agenda packet In response to Mr Rison Mr Gooding advised that the maps have not changed from what was presented at the PampZ Commission however they will add notes to it Mr Tillman noted the only thing they will be modifying is that it is labeled that it can be field fence which will be changed to a chain link fence because they do not want the wooden posts that require long-term maintenance but rather to be maintenance free He opined they also have notes about adding irrigation

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June 6 2018

Mr Tillman stated timing was one of the issues discussed with neighbors for construction noting the neighbors want the berm to be the first thing that goes in It is going to have a curve as one of the first things but they cannot specifically put it as being the first thing they put in place because it will be in conjunction with the roadway and stormwater pond They will be pulling some of the dirt from that construction as well as some dirt from the equestrian center to also go here He advised that the berm will not be one of the first things they do but it will be during this process not all put in and established before starting on the roadway construction Mr Gooding advised that they agreed to some additional things that are going to be in there and will be included in the final revised plans which he read into the record 1) Berm will extend 100 feet North and South of the Hamlet boundaries 2) remove reference to field fence 3) construction of the berm will commence prior to or simultaneously with commencement of the driveway 4) trees will be planted at no greater than 20-foot intervals in area between the berm and the western boundary of Sherman Oaks unless existing mature trees within such area at such intervals can be preserved in areas where such intervals are maintained with existing mature trees will be planted to maintain such intervals and 5) any bridle trail between the berm and the western boundary of Sherman Oaks shall not be more than ten feet in width He stated those are the additional items that are not yet depicted on the plan Mr Gooding stated he looks forward to hearing for the neighbors and the opportunity to respond to any concerns they may have

Public Comment Chairman Bryant opened the floor to public comment Michelle Shearer SE 85th Street advised from her seat in the auditorium that she declines to speak at this time Doug Shearer SE 85th Street advised from his seat in the audience that he also declines to speak at this time David MacKay SW College Road attorney representing Rebecca Lord a property owner whose property abuts the Hamlet of Sherman Oaks He noted he has been involved in this since the early stages of the project Mr MacKay stated not everyone is entirely happy with the roadway but are trying to make the best of a bad situation He noted they did sit down with Mr Gooding and representatives from Mr Roberts company and worked through the issues they had with respect to trying to make the best of a bad situation Speaking on behalf of his client Mr MacKay stated while this is obviously not the absolute best solution she is satisfied that they are close enough that she is prepared to accept this and move on with her life He commented on the additional issues that Mr Gooding brought to the Boards attention noting those will be added to the map and the diagrams presented as additional conditions Those two items are intended to be exhibits of the Development Agreement To the extent that those are inconsistent with what is on the Master Plan in the PUD zoning there was a note there as far as a buffer area along the boundary with the Hamlet of Sherman Oaks that referred to it as a B-7 class buffer which was somewhat of a customized buffer Mr MacKay stated he wanted to make sure that is not inconsistent with what this is noting those two need to be rationalized so that they both follow the terms and conditions that have been agreed to here Chairman Bryant advised that public comment is now closed Mr Gooding advised that the sketches will be part of not only the Concurrency Development Agreement but also the Master Plan documents so it will be in both places

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June 6 2018

In response to Chairman Bryant Mr MacKay advised that this is satisfactory He stated that before public comment is closed he would like to make a statement on behalf of another of his clients Chairman Bryant advised that public comment is already closed but stated he can go ahead Mr MacKay stated he had a question in regard to the monument sign approvals noting as he understands it they are supposed to be major signs that are 50 to 60 feet tall with a lighted sign panel as sort of represented in the picture shown earlier He advised that he represents a client (Pat Morrison) that owns property in Winners Circle directly across from the main entrance on NW 80th Avenue directly between the two major barns All of the traffic coming out is going to face into his clients property The properties are situated such that they do not access from interior roadways Mr MacKay stated his clients only access is on NW 80th Avenue and requested some form of buffering on the ROW along the east side to somehow deflect headlights into his clients property In response to Commissioner Zalak Mr MacKay stated his clients property is treed and he is not currently residing on the vacant piece of property however he does anticipate relocating there in the future Mr Morrison is somewhat concerned by the giant lighted sign that will be directly across the street but also the traffic impact that will affect him due to the location of the driveway In response to Chairman Bryant Mr MacKay stated it is undeveloped property a 25 acre lot Commissioner Zalak noted Mr MacKay said in the ROW and asked if he wanted the buffer to be in the ROW or on the clients property when the area is widened Mr MacKay stated it can be either way along the edge of that property Mr Gooding stated this is the first they have heard of this one but does not know of any occasion where the county has ever required someone to plant or construct a buffer on the other side of a road He opined that it is a bad precedent to set and advised that they are not committed to doing that at the present time The county is obviously going to be doing a lot of work there and perhaps something could be done in connection with that roadwork The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding the rezoning petition heard earlier in the meeting A motion was made by Commissioner Gold seconded by Commissioner Zalak to approve the Zoning Change from A-1 and PUD to PUD with Conditions 1 through 15 as amended (see below) agreeing with Growth Services staff and the PampZ Commission recommendations based on findings that the proposed use is compatible with the surrounding land uses is consistent with the Comprehensive Plan and will not adversely affect the public interest

CONDITION NO 11 All project development shall be served by central potable water and central sanitary sewer services both of which shall be provided by Marion County Utilities andor its successorsassigns prior to the issuance of any project Certificates of Occupancy or equivalent final inspection with the services installed andor developed consistent with the LDC The professional (sales center) office may be established using a temporary on-site treatment disposal system (OSTDSseptic) and a temporary well however the office shall be connected to central sanitary sewer service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central sanitary sewer is now available to the office and shall be connected to central

Page 48 Book Y

June 6 2018

water service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central water is now available to the office

Chairman Bryant stated the changes by Mr Gooding are also to be included The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to adopt Ordinance 18-15 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on the application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-15 is entitled

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A REQUEST FOR A ZONING CHANGE FOR GOLDEN OCALA PUD - RLR INVESTMENTS LLC ET AL AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE

Board Discussion A motion was made by Commissioner Zalak seconded by Commissioner Moore to approve the Development Agreement with changes as discussed The motion was unanimously approved by the Board (5-0)

WALK-ON Request Approval to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible The Board considered the following recommendation from County Administrator Mounir Bouyounes PE Administration

DescriptionBackground During the June 5 2018 BCC meeting staff was directed to bring alternate dates back during this public hearing for the BCC to consider and schedulereschedule the following MSTU public hearings Windstream Improvement Area and Rainbow Springs (Phase I) Improvement Area In coordination with the calendars of outside counsel and the commission Monday July 23 2018 is proposed for these hearings

bull Windstream Improvement Area Monday July 23 2018 at 400 pm or as soon thereafter as possible (following the Animal Services Workshop)

bull Rainbow Springs (Phase I) Improvement Area Monday July 23 2018 at 415 pm or as soon thereafter as possible (following the Windstream Improvement Area Public Hearing)

Budget Impact None Recommended Action Motion to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and Motion to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible

Book Y Page 49

June 6 2018

A motion was made by Commissioner Gold seconded by Commissioner Zalak to reschedule the public hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to schedule and advertise a public hearing on Monday July 23 2018 at 415 pm or as soon thereafter as possible to extend the assessment period of remaining properties with unpaid balances located within the Rainbow Springs (Phase 1) Improvement Area The motion was unanimously approved by the Board (5-0)

CLOSING COMMENTS County Attorney Matthew G Minter commented on the revised Resolution (18-R-194) that was adopted at the regular BCC meeting on Tuesday June 5 2018 Chairman Bryant advised that copies are in the lobby for anyone who showed up interested in the Resolution regarding the Coastal Connector

There being no further business to come before the Board the meeting thereupon adjourned at 240 pm

athy Bry t Chairman

Attest

David R Ellspe ann Clerk

Page 50 Book Y

June 6 2018

Mr Gooding advised that the driveway issue is involved in both which he will address last He noted Mr Rison adequately explained the Concurrency Agreement and stated he will briefly dwell into a couple more points The agreement deals with a number of issues some that is seen in there may be a bit surprising such as proximity to schools local hospitals etc As the County Attorney can confirm Chapter 163 FS governs these and requires some of those things to be included What is important is that the agreement establishes the proportionate share mitigation that his client is obligated to provide which is based on a statutory formula and the number a little under $6000000 was reached after discussions between their transportation consultant Kimley-Horn amp Associates and county staff Mr Gooding noted Amber Garten is present for Kimley-Horn He advised that his client is going to pay or provide the $6000000 in two ways by providing several improvements called Initial Intersection Improvements in the agreement which includes the addition of several turn lanes going in various directions at the intersection of NW 80th Avenue and Highway 27 where most of the work will occur The other intersection improvement is at NW 80th and SR 40 Those initial intersection improvements will be made even though the traffic study did not indicate that all of them were necessary at the present time for two reasons One is due to concern expressed by the BCC and others about NW 80th Avenue and secondly is because they want the road to work without any problems so that people can get to the facility Against that proportionate share (prop-share) mitigation obligation they will receive impact fee credits per statute for the construction cost and the difference will be paid in cash by 2023 even though NW 80th Avenue is not yet on the Capital Improvement Plan (CIP) for widening Because some of the work is not yet on the CIP this agreement has to be approved by a supermajority which is at least 4 out of 5 Commissioners In addition Mr Goodings client is constructing entrance improvements on his own dime off of NW 80th Avenue into the WEC on the Recreational Vehicle (RV) facility no impact fee credits will be received for these One of the more important issues that was discussed is the conveyance of rights-of-way (ROW) for NW 80th Avenue After extensive negotiations the county has managed to obtain all ROW they have to give along the west side of NW 80th Avenue The existing wall and landscape buffer around Golden Ocala will not be included in the additional ROW but they are obligated to provide additional ROW along other areas including behind the fire station to permit parking to be located back there after the road is widened and perhaps to improve the facility In response to Commissioner Zalak County Administrator Mounir Bouyounes advised that the county has all of the ROW secured that is adjacent to the Golden Ocala property Mr Gooding opined that those are the transportation issues and noted they have an existing water and sewer utility agreement with the county that dates way back that granted ERCs The current remaining amount has been fixed so that everyone will know what they have going forward but more importantly they are permitting these to be used throughout the rest of the project Commissioner Zalak addressed the convention center noting they talked about that in length but it is not included in the traffic study at this point He stated the county will have to negotiate that with the developer at the time of as they obviously cannot pay for that yet or willing to negotiate that as part of the whole process Commissioner Zalak advised that will be brought back to the Board at a later time Chairman Bryant agreed that it is a totally separate issue Mr Gooding concurred noting the only reason it is mentioned in the agreement is to confirm that even though there have been discussions this does not resolve those and nothing obligates either of us to go forward

Book Y Page 45

June 6 2018

Mr Gooding addressed what he anticipates will be some of the concerns by residents which is the driveway what they call the SR 40 driveway improvements in the agreement Some residents have characterized it in a different manner because of their belief that it is going it impact them and have referred to the driveway as a road street or turnpike He stated the dictionary definition of driveway is a road especially a private one leading from a street or other thoroughfare to a building house garage etc By definition a driveway is a road and they are calling it a driveway so as not to confuse anyone since it is not a public street or road and the county has no maintenance obligations The genesis of this driveway arose during the negotiations with Mr Bowers challenge on the CPA Mr Gooding advised that Mr Roberts (his client) suggested this idea after the CPA was approved he bought the land where the driveway entrances along Highway 40 are going to be located which is why it was necessary for them to include that property in the PUD He opined that the driveway is beneficial for everyone as it will take a significant amount of traffic off of NW 80th Avenue because it will be the main entrance to the hotel and where the barns are located on the WEC Entrances will still be off of NW 80th Avenue but most of the people attending equine events that are anticipated are participants Mr Gooding advised that Ms Gartner has performed a traffic analysis confirming that and most people like the driveway but some of the neighbors have concerns David Tillman Tillman amp Associates LLC SE 16th Avenue noted 2 different cross sections are shown on the drawing (shown on two large maps held up by Mr Gooding) He advised that a location was marked on the map of where a cross section was wanted to look at elevations to see if the berm with the hedge they talked about putting in actually blocked the view of traffic on the driveway Mr Tillman commented on the line of sight from the high point noting traffic cannot be seen on the drivewayroadway entering from SR 40 Mr Tillman stated they are looking to plant Confederate Jasmine or another hardy plant on the fence noting 4 other plants were put in the agreement to select from in the event something was not available so they would have an alternative Mr Tillman referred to the berm which has a 21 (2 to 1) slope and made it a little steeper to create a smaller footprint since some of the neighbors wanted to preserve the trees that are adjacent to their property line He stated the berm was pushed over and squeezed in the median was reduced for the center line so they could push everything further away which left them 82 feet of separation from edge of pavement to the neighbors property line Trees are only on the southern 500 feet of that section The trees will remain in that section where the berm is not going for a natural buffer The other area they will be planting trees 20 feet on center to grow or fill in to help create more of a buffer in that region A few trees will also be planted to fill in any gaps in that region Mr Tillman stated the other side of the large map shows the alignment of the new access driveway to Highway 40 Mr Gooding advised that the maps are also included in the agenda packet In response to Mr Rison Mr Gooding advised that the maps have not changed from what was presented at the PampZ Commission however they will add notes to it Mr Tillman noted the only thing they will be modifying is that it is labeled that it can be field fence which will be changed to a chain link fence because they do not want the wooden posts that require long-term maintenance but rather to be maintenance free He opined they also have notes about adding irrigation

Page 46 Book Y

June 6 2018

Mr Tillman stated timing was one of the issues discussed with neighbors for construction noting the neighbors want the berm to be the first thing that goes in It is going to have a curve as one of the first things but they cannot specifically put it as being the first thing they put in place because it will be in conjunction with the roadway and stormwater pond They will be pulling some of the dirt from that construction as well as some dirt from the equestrian center to also go here He advised that the berm will not be one of the first things they do but it will be during this process not all put in and established before starting on the roadway construction Mr Gooding advised that they agreed to some additional things that are going to be in there and will be included in the final revised plans which he read into the record 1) Berm will extend 100 feet North and South of the Hamlet boundaries 2) remove reference to field fence 3) construction of the berm will commence prior to or simultaneously with commencement of the driveway 4) trees will be planted at no greater than 20-foot intervals in area between the berm and the western boundary of Sherman Oaks unless existing mature trees within such area at such intervals can be preserved in areas where such intervals are maintained with existing mature trees will be planted to maintain such intervals and 5) any bridle trail between the berm and the western boundary of Sherman Oaks shall not be more than ten feet in width He stated those are the additional items that are not yet depicted on the plan Mr Gooding stated he looks forward to hearing for the neighbors and the opportunity to respond to any concerns they may have

Public Comment Chairman Bryant opened the floor to public comment Michelle Shearer SE 85th Street advised from her seat in the auditorium that she declines to speak at this time Doug Shearer SE 85th Street advised from his seat in the audience that he also declines to speak at this time David MacKay SW College Road attorney representing Rebecca Lord a property owner whose property abuts the Hamlet of Sherman Oaks He noted he has been involved in this since the early stages of the project Mr MacKay stated not everyone is entirely happy with the roadway but are trying to make the best of a bad situation He noted they did sit down with Mr Gooding and representatives from Mr Roberts company and worked through the issues they had with respect to trying to make the best of a bad situation Speaking on behalf of his client Mr MacKay stated while this is obviously not the absolute best solution she is satisfied that they are close enough that she is prepared to accept this and move on with her life He commented on the additional issues that Mr Gooding brought to the Boards attention noting those will be added to the map and the diagrams presented as additional conditions Those two items are intended to be exhibits of the Development Agreement To the extent that those are inconsistent with what is on the Master Plan in the PUD zoning there was a note there as far as a buffer area along the boundary with the Hamlet of Sherman Oaks that referred to it as a B-7 class buffer which was somewhat of a customized buffer Mr MacKay stated he wanted to make sure that is not inconsistent with what this is noting those two need to be rationalized so that they both follow the terms and conditions that have been agreed to here Chairman Bryant advised that public comment is now closed Mr Gooding advised that the sketches will be part of not only the Concurrency Development Agreement but also the Master Plan documents so it will be in both places

Book Y Page 47

June 6 2018

In response to Chairman Bryant Mr MacKay advised that this is satisfactory He stated that before public comment is closed he would like to make a statement on behalf of another of his clients Chairman Bryant advised that public comment is already closed but stated he can go ahead Mr MacKay stated he had a question in regard to the monument sign approvals noting as he understands it they are supposed to be major signs that are 50 to 60 feet tall with a lighted sign panel as sort of represented in the picture shown earlier He advised that he represents a client (Pat Morrison) that owns property in Winners Circle directly across from the main entrance on NW 80th Avenue directly between the two major barns All of the traffic coming out is going to face into his clients property The properties are situated such that they do not access from interior roadways Mr MacKay stated his clients only access is on NW 80th Avenue and requested some form of buffering on the ROW along the east side to somehow deflect headlights into his clients property In response to Commissioner Zalak Mr MacKay stated his clients property is treed and he is not currently residing on the vacant piece of property however he does anticipate relocating there in the future Mr Morrison is somewhat concerned by the giant lighted sign that will be directly across the street but also the traffic impact that will affect him due to the location of the driveway In response to Chairman Bryant Mr MacKay stated it is undeveloped property a 25 acre lot Commissioner Zalak noted Mr MacKay said in the ROW and asked if he wanted the buffer to be in the ROW or on the clients property when the area is widened Mr MacKay stated it can be either way along the edge of that property Mr Gooding stated this is the first they have heard of this one but does not know of any occasion where the county has ever required someone to plant or construct a buffer on the other side of a road He opined that it is a bad precedent to set and advised that they are not committed to doing that at the present time The county is obviously going to be doing a lot of work there and perhaps something could be done in connection with that roadwork The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding the rezoning petition heard earlier in the meeting A motion was made by Commissioner Gold seconded by Commissioner Zalak to approve the Zoning Change from A-1 and PUD to PUD with Conditions 1 through 15 as amended (see below) agreeing with Growth Services staff and the PampZ Commission recommendations based on findings that the proposed use is compatible with the surrounding land uses is consistent with the Comprehensive Plan and will not adversely affect the public interest

CONDITION NO 11 All project development shall be served by central potable water and central sanitary sewer services both of which shall be provided by Marion County Utilities andor its successorsassigns prior to the issuance of any project Certificates of Occupancy or equivalent final inspection with the services installed andor developed consistent with the LDC The professional (sales center) office may be established using a temporary on-site treatment disposal system (OSTDSseptic) and a temporary well however the office shall be connected to central sanitary sewer service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central sanitary sewer is now available to the office and shall be connected to central

Page 48 Book Y

June 6 2018

water service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central water is now available to the office

Chairman Bryant stated the changes by Mr Gooding are also to be included The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to adopt Ordinance 18-15 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on the application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-15 is entitled

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A REQUEST FOR A ZONING CHANGE FOR GOLDEN OCALA PUD - RLR INVESTMENTS LLC ET AL AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE

Board Discussion A motion was made by Commissioner Zalak seconded by Commissioner Moore to approve the Development Agreement with changes as discussed The motion was unanimously approved by the Board (5-0)

WALK-ON Request Approval to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible The Board considered the following recommendation from County Administrator Mounir Bouyounes PE Administration

DescriptionBackground During the June 5 2018 BCC meeting staff was directed to bring alternate dates back during this public hearing for the BCC to consider and schedulereschedule the following MSTU public hearings Windstream Improvement Area and Rainbow Springs (Phase I) Improvement Area In coordination with the calendars of outside counsel and the commission Monday July 23 2018 is proposed for these hearings

bull Windstream Improvement Area Monday July 23 2018 at 400 pm or as soon thereafter as possible (following the Animal Services Workshop)

bull Rainbow Springs (Phase I) Improvement Area Monday July 23 2018 at 415 pm or as soon thereafter as possible (following the Windstream Improvement Area Public Hearing)

Budget Impact None Recommended Action Motion to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and Motion to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible

Book Y Page 49

June 6 2018

A motion was made by Commissioner Gold seconded by Commissioner Zalak to reschedule the public hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to schedule and advertise a public hearing on Monday July 23 2018 at 415 pm or as soon thereafter as possible to extend the assessment period of remaining properties with unpaid balances located within the Rainbow Springs (Phase 1) Improvement Area The motion was unanimously approved by the Board (5-0)

CLOSING COMMENTS County Attorney Matthew G Minter commented on the revised Resolution (18-R-194) that was adopted at the regular BCC meeting on Tuesday June 5 2018 Chairman Bryant advised that copies are in the lobby for anyone who showed up interested in the Resolution regarding the Coastal Connector

There being no further business to come before the Board the meeting thereupon adjourned at 240 pm

athy Bry t Chairman

Attest

David R Ellspe ann Clerk

Page 50 Book Y

June 6 2018

Mr Gooding addressed what he anticipates will be some of the concerns by residents which is the driveway what they call the SR 40 driveway improvements in the agreement Some residents have characterized it in a different manner because of their belief that it is going it impact them and have referred to the driveway as a road street or turnpike He stated the dictionary definition of driveway is a road especially a private one leading from a street or other thoroughfare to a building house garage etc By definition a driveway is a road and they are calling it a driveway so as not to confuse anyone since it is not a public street or road and the county has no maintenance obligations The genesis of this driveway arose during the negotiations with Mr Bowers challenge on the CPA Mr Gooding advised that Mr Roberts (his client) suggested this idea after the CPA was approved he bought the land where the driveway entrances along Highway 40 are going to be located which is why it was necessary for them to include that property in the PUD He opined that the driveway is beneficial for everyone as it will take a significant amount of traffic off of NW 80th Avenue because it will be the main entrance to the hotel and where the barns are located on the WEC Entrances will still be off of NW 80th Avenue but most of the people attending equine events that are anticipated are participants Mr Gooding advised that Ms Gartner has performed a traffic analysis confirming that and most people like the driveway but some of the neighbors have concerns David Tillman Tillman amp Associates LLC SE 16th Avenue noted 2 different cross sections are shown on the drawing (shown on two large maps held up by Mr Gooding) He advised that a location was marked on the map of where a cross section was wanted to look at elevations to see if the berm with the hedge they talked about putting in actually blocked the view of traffic on the driveway Mr Tillman commented on the line of sight from the high point noting traffic cannot be seen on the drivewayroadway entering from SR 40 Mr Tillman stated they are looking to plant Confederate Jasmine or another hardy plant on the fence noting 4 other plants were put in the agreement to select from in the event something was not available so they would have an alternative Mr Tillman referred to the berm which has a 21 (2 to 1) slope and made it a little steeper to create a smaller footprint since some of the neighbors wanted to preserve the trees that are adjacent to their property line He stated the berm was pushed over and squeezed in the median was reduced for the center line so they could push everything further away which left them 82 feet of separation from edge of pavement to the neighbors property line Trees are only on the southern 500 feet of that section The trees will remain in that section where the berm is not going for a natural buffer The other area they will be planting trees 20 feet on center to grow or fill in to help create more of a buffer in that region A few trees will also be planted to fill in any gaps in that region Mr Tillman stated the other side of the large map shows the alignment of the new access driveway to Highway 40 Mr Gooding advised that the maps are also included in the agenda packet In response to Mr Rison Mr Gooding advised that the maps have not changed from what was presented at the PampZ Commission however they will add notes to it Mr Tillman noted the only thing they will be modifying is that it is labeled that it can be field fence which will be changed to a chain link fence because they do not want the wooden posts that require long-term maintenance but rather to be maintenance free He opined they also have notes about adding irrigation

Page 46 Book Y

June 6 2018

Mr Tillman stated timing was one of the issues discussed with neighbors for construction noting the neighbors want the berm to be the first thing that goes in It is going to have a curve as one of the first things but they cannot specifically put it as being the first thing they put in place because it will be in conjunction with the roadway and stormwater pond They will be pulling some of the dirt from that construction as well as some dirt from the equestrian center to also go here He advised that the berm will not be one of the first things they do but it will be during this process not all put in and established before starting on the roadway construction Mr Gooding advised that they agreed to some additional things that are going to be in there and will be included in the final revised plans which he read into the record 1) Berm will extend 100 feet North and South of the Hamlet boundaries 2) remove reference to field fence 3) construction of the berm will commence prior to or simultaneously with commencement of the driveway 4) trees will be planted at no greater than 20-foot intervals in area between the berm and the western boundary of Sherman Oaks unless existing mature trees within such area at such intervals can be preserved in areas where such intervals are maintained with existing mature trees will be planted to maintain such intervals and 5) any bridle trail between the berm and the western boundary of Sherman Oaks shall not be more than ten feet in width He stated those are the additional items that are not yet depicted on the plan Mr Gooding stated he looks forward to hearing for the neighbors and the opportunity to respond to any concerns they may have

Public Comment Chairman Bryant opened the floor to public comment Michelle Shearer SE 85th Street advised from her seat in the auditorium that she declines to speak at this time Doug Shearer SE 85th Street advised from his seat in the audience that he also declines to speak at this time David MacKay SW College Road attorney representing Rebecca Lord a property owner whose property abuts the Hamlet of Sherman Oaks He noted he has been involved in this since the early stages of the project Mr MacKay stated not everyone is entirely happy with the roadway but are trying to make the best of a bad situation He noted they did sit down with Mr Gooding and representatives from Mr Roberts company and worked through the issues they had with respect to trying to make the best of a bad situation Speaking on behalf of his client Mr MacKay stated while this is obviously not the absolute best solution she is satisfied that they are close enough that she is prepared to accept this and move on with her life He commented on the additional issues that Mr Gooding brought to the Boards attention noting those will be added to the map and the diagrams presented as additional conditions Those two items are intended to be exhibits of the Development Agreement To the extent that those are inconsistent with what is on the Master Plan in the PUD zoning there was a note there as far as a buffer area along the boundary with the Hamlet of Sherman Oaks that referred to it as a B-7 class buffer which was somewhat of a customized buffer Mr MacKay stated he wanted to make sure that is not inconsistent with what this is noting those two need to be rationalized so that they both follow the terms and conditions that have been agreed to here Chairman Bryant advised that public comment is now closed Mr Gooding advised that the sketches will be part of not only the Concurrency Development Agreement but also the Master Plan documents so it will be in both places

Book Y Page 47

June 6 2018

In response to Chairman Bryant Mr MacKay advised that this is satisfactory He stated that before public comment is closed he would like to make a statement on behalf of another of his clients Chairman Bryant advised that public comment is already closed but stated he can go ahead Mr MacKay stated he had a question in regard to the monument sign approvals noting as he understands it they are supposed to be major signs that are 50 to 60 feet tall with a lighted sign panel as sort of represented in the picture shown earlier He advised that he represents a client (Pat Morrison) that owns property in Winners Circle directly across from the main entrance on NW 80th Avenue directly between the two major barns All of the traffic coming out is going to face into his clients property The properties are situated such that they do not access from interior roadways Mr MacKay stated his clients only access is on NW 80th Avenue and requested some form of buffering on the ROW along the east side to somehow deflect headlights into his clients property In response to Commissioner Zalak Mr MacKay stated his clients property is treed and he is not currently residing on the vacant piece of property however he does anticipate relocating there in the future Mr Morrison is somewhat concerned by the giant lighted sign that will be directly across the street but also the traffic impact that will affect him due to the location of the driveway In response to Chairman Bryant Mr MacKay stated it is undeveloped property a 25 acre lot Commissioner Zalak noted Mr MacKay said in the ROW and asked if he wanted the buffer to be in the ROW or on the clients property when the area is widened Mr MacKay stated it can be either way along the edge of that property Mr Gooding stated this is the first they have heard of this one but does not know of any occasion where the county has ever required someone to plant or construct a buffer on the other side of a road He opined that it is a bad precedent to set and advised that they are not committed to doing that at the present time The county is obviously going to be doing a lot of work there and perhaps something could be done in connection with that roadwork The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding the rezoning petition heard earlier in the meeting A motion was made by Commissioner Gold seconded by Commissioner Zalak to approve the Zoning Change from A-1 and PUD to PUD with Conditions 1 through 15 as amended (see below) agreeing with Growth Services staff and the PampZ Commission recommendations based on findings that the proposed use is compatible with the surrounding land uses is consistent with the Comprehensive Plan and will not adversely affect the public interest

CONDITION NO 11 All project development shall be served by central potable water and central sanitary sewer services both of which shall be provided by Marion County Utilities andor its successorsassigns prior to the issuance of any project Certificates of Occupancy or equivalent final inspection with the services installed andor developed consistent with the LDC The professional (sales center) office may be established using a temporary on-site treatment disposal system (OSTDSseptic) and a temporary well however the office shall be connected to central sanitary sewer service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central sanitary sewer is now available to the office and shall be connected to central

Page 48 Book Y

June 6 2018

water service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central water is now available to the office

Chairman Bryant stated the changes by Mr Gooding are also to be included The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to adopt Ordinance 18-15 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on the application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-15 is entitled

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A REQUEST FOR A ZONING CHANGE FOR GOLDEN OCALA PUD - RLR INVESTMENTS LLC ET AL AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE

Board Discussion A motion was made by Commissioner Zalak seconded by Commissioner Moore to approve the Development Agreement with changes as discussed The motion was unanimously approved by the Board (5-0)

WALK-ON Request Approval to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible The Board considered the following recommendation from County Administrator Mounir Bouyounes PE Administration

DescriptionBackground During the June 5 2018 BCC meeting staff was directed to bring alternate dates back during this public hearing for the BCC to consider and schedulereschedule the following MSTU public hearings Windstream Improvement Area and Rainbow Springs (Phase I) Improvement Area In coordination with the calendars of outside counsel and the commission Monday July 23 2018 is proposed for these hearings

bull Windstream Improvement Area Monday July 23 2018 at 400 pm or as soon thereafter as possible (following the Animal Services Workshop)

bull Rainbow Springs (Phase I) Improvement Area Monday July 23 2018 at 415 pm or as soon thereafter as possible (following the Windstream Improvement Area Public Hearing)

Budget Impact None Recommended Action Motion to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and Motion to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible

Book Y Page 49

June 6 2018

A motion was made by Commissioner Gold seconded by Commissioner Zalak to reschedule the public hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to schedule and advertise a public hearing on Monday July 23 2018 at 415 pm or as soon thereafter as possible to extend the assessment period of remaining properties with unpaid balances located within the Rainbow Springs (Phase 1) Improvement Area The motion was unanimously approved by the Board (5-0)

CLOSING COMMENTS County Attorney Matthew G Minter commented on the revised Resolution (18-R-194) that was adopted at the regular BCC meeting on Tuesday June 5 2018 Chairman Bryant advised that copies are in the lobby for anyone who showed up interested in the Resolution regarding the Coastal Connector

There being no further business to come before the Board the meeting thereupon adjourned at 240 pm

athy Bry t Chairman

Attest

David R Ellspe ann Clerk

Page 50 Book Y

June 6 2018

Mr Tillman stated timing was one of the issues discussed with neighbors for construction noting the neighbors want the berm to be the first thing that goes in It is going to have a curve as one of the first things but they cannot specifically put it as being the first thing they put in place because it will be in conjunction with the roadway and stormwater pond They will be pulling some of the dirt from that construction as well as some dirt from the equestrian center to also go here He advised that the berm will not be one of the first things they do but it will be during this process not all put in and established before starting on the roadway construction Mr Gooding advised that they agreed to some additional things that are going to be in there and will be included in the final revised plans which he read into the record 1) Berm will extend 100 feet North and South of the Hamlet boundaries 2) remove reference to field fence 3) construction of the berm will commence prior to or simultaneously with commencement of the driveway 4) trees will be planted at no greater than 20-foot intervals in area between the berm and the western boundary of Sherman Oaks unless existing mature trees within such area at such intervals can be preserved in areas where such intervals are maintained with existing mature trees will be planted to maintain such intervals and 5) any bridle trail between the berm and the western boundary of Sherman Oaks shall not be more than ten feet in width He stated those are the additional items that are not yet depicted on the plan Mr Gooding stated he looks forward to hearing for the neighbors and the opportunity to respond to any concerns they may have

Public Comment Chairman Bryant opened the floor to public comment Michelle Shearer SE 85th Street advised from her seat in the auditorium that she declines to speak at this time Doug Shearer SE 85th Street advised from his seat in the audience that he also declines to speak at this time David MacKay SW College Road attorney representing Rebecca Lord a property owner whose property abuts the Hamlet of Sherman Oaks He noted he has been involved in this since the early stages of the project Mr MacKay stated not everyone is entirely happy with the roadway but are trying to make the best of a bad situation He noted they did sit down with Mr Gooding and representatives from Mr Roberts company and worked through the issues they had with respect to trying to make the best of a bad situation Speaking on behalf of his client Mr MacKay stated while this is obviously not the absolute best solution she is satisfied that they are close enough that she is prepared to accept this and move on with her life He commented on the additional issues that Mr Gooding brought to the Boards attention noting those will be added to the map and the diagrams presented as additional conditions Those two items are intended to be exhibits of the Development Agreement To the extent that those are inconsistent with what is on the Master Plan in the PUD zoning there was a note there as far as a buffer area along the boundary with the Hamlet of Sherman Oaks that referred to it as a B-7 class buffer which was somewhat of a customized buffer Mr MacKay stated he wanted to make sure that is not inconsistent with what this is noting those two need to be rationalized so that they both follow the terms and conditions that have been agreed to here Chairman Bryant advised that public comment is now closed Mr Gooding advised that the sketches will be part of not only the Concurrency Development Agreement but also the Master Plan documents so it will be in both places

Book Y Page 47

June 6 2018

In response to Chairman Bryant Mr MacKay advised that this is satisfactory He stated that before public comment is closed he would like to make a statement on behalf of another of his clients Chairman Bryant advised that public comment is already closed but stated he can go ahead Mr MacKay stated he had a question in regard to the monument sign approvals noting as he understands it they are supposed to be major signs that are 50 to 60 feet tall with a lighted sign panel as sort of represented in the picture shown earlier He advised that he represents a client (Pat Morrison) that owns property in Winners Circle directly across from the main entrance on NW 80th Avenue directly between the two major barns All of the traffic coming out is going to face into his clients property The properties are situated such that they do not access from interior roadways Mr MacKay stated his clients only access is on NW 80th Avenue and requested some form of buffering on the ROW along the east side to somehow deflect headlights into his clients property In response to Commissioner Zalak Mr MacKay stated his clients property is treed and he is not currently residing on the vacant piece of property however he does anticipate relocating there in the future Mr Morrison is somewhat concerned by the giant lighted sign that will be directly across the street but also the traffic impact that will affect him due to the location of the driveway In response to Chairman Bryant Mr MacKay stated it is undeveloped property a 25 acre lot Commissioner Zalak noted Mr MacKay said in the ROW and asked if he wanted the buffer to be in the ROW or on the clients property when the area is widened Mr MacKay stated it can be either way along the edge of that property Mr Gooding stated this is the first they have heard of this one but does not know of any occasion where the county has ever required someone to plant or construct a buffer on the other side of a road He opined that it is a bad precedent to set and advised that they are not committed to doing that at the present time The county is obviously going to be doing a lot of work there and perhaps something could be done in connection with that roadwork The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding the rezoning petition heard earlier in the meeting A motion was made by Commissioner Gold seconded by Commissioner Zalak to approve the Zoning Change from A-1 and PUD to PUD with Conditions 1 through 15 as amended (see below) agreeing with Growth Services staff and the PampZ Commission recommendations based on findings that the proposed use is compatible with the surrounding land uses is consistent with the Comprehensive Plan and will not adversely affect the public interest

CONDITION NO 11 All project development shall be served by central potable water and central sanitary sewer services both of which shall be provided by Marion County Utilities andor its successorsassigns prior to the issuance of any project Certificates of Occupancy or equivalent final inspection with the services installed andor developed consistent with the LDC The professional (sales center) office may be established using a temporary on-site treatment disposal system (OSTDSseptic) and a temporary well however the office shall be connected to central sanitary sewer service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central sanitary sewer is now available to the office and shall be connected to central

Page 48 Book Y

June 6 2018

water service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central water is now available to the office

Chairman Bryant stated the changes by Mr Gooding are also to be included The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to adopt Ordinance 18-15 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on the application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-15 is entitled

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A REQUEST FOR A ZONING CHANGE FOR GOLDEN OCALA PUD - RLR INVESTMENTS LLC ET AL AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE

Board Discussion A motion was made by Commissioner Zalak seconded by Commissioner Moore to approve the Development Agreement with changes as discussed The motion was unanimously approved by the Board (5-0)

WALK-ON Request Approval to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible The Board considered the following recommendation from County Administrator Mounir Bouyounes PE Administration

DescriptionBackground During the June 5 2018 BCC meeting staff was directed to bring alternate dates back during this public hearing for the BCC to consider and schedulereschedule the following MSTU public hearings Windstream Improvement Area and Rainbow Springs (Phase I) Improvement Area In coordination with the calendars of outside counsel and the commission Monday July 23 2018 is proposed for these hearings

bull Windstream Improvement Area Monday July 23 2018 at 400 pm or as soon thereafter as possible (following the Animal Services Workshop)

bull Rainbow Springs (Phase I) Improvement Area Monday July 23 2018 at 415 pm or as soon thereafter as possible (following the Windstream Improvement Area Public Hearing)

Budget Impact None Recommended Action Motion to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and Motion to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible

Book Y Page 49

June 6 2018

A motion was made by Commissioner Gold seconded by Commissioner Zalak to reschedule the public hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to schedule and advertise a public hearing on Monday July 23 2018 at 415 pm or as soon thereafter as possible to extend the assessment period of remaining properties with unpaid balances located within the Rainbow Springs (Phase 1) Improvement Area The motion was unanimously approved by the Board (5-0)

CLOSING COMMENTS County Attorney Matthew G Minter commented on the revised Resolution (18-R-194) that was adopted at the regular BCC meeting on Tuesday June 5 2018 Chairman Bryant advised that copies are in the lobby for anyone who showed up interested in the Resolution regarding the Coastal Connector

There being no further business to come before the Board the meeting thereupon adjourned at 240 pm

athy Bry t Chairman

Attest

David R Ellspe ann Clerk

Page 50 Book Y

June 6 2018

In response to Chairman Bryant Mr MacKay advised that this is satisfactory He stated that before public comment is closed he would like to make a statement on behalf of another of his clients Chairman Bryant advised that public comment is already closed but stated he can go ahead Mr MacKay stated he had a question in regard to the monument sign approvals noting as he understands it they are supposed to be major signs that are 50 to 60 feet tall with a lighted sign panel as sort of represented in the picture shown earlier He advised that he represents a client (Pat Morrison) that owns property in Winners Circle directly across from the main entrance on NW 80th Avenue directly between the two major barns All of the traffic coming out is going to face into his clients property The properties are situated such that they do not access from interior roadways Mr MacKay stated his clients only access is on NW 80th Avenue and requested some form of buffering on the ROW along the east side to somehow deflect headlights into his clients property In response to Commissioner Zalak Mr MacKay stated his clients property is treed and he is not currently residing on the vacant piece of property however he does anticipate relocating there in the future Mr Morrison is somewhat concerned by the giant lighted sign that will be directly across the street but also the traffic impact that will affect him due to the location of the driveway In response to Chairman Bryant Mr MacKay stated it is undeveloped property a 25 acre lot Commissioner Zalak noted Mr MacKay said in the ROW and asked if he wanted the buffer to be in the ROW or on the clients property when the area is widened Mr MacKay stated it can be either way along the edge of that property Mr Gooding stated this is the first they have heard of this one but does not know of any occasion where the county has ever required someone to plant or construct a buffer on the other side of a road He opined that it is a bad precedent to set and advised that they are not committed to doing that at the present time The county is obviously going to be doing a lot of work there and perhaps something could be done in connection with that roadwork The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding the rezoning petition heard earlier in the meeting A motion was made by Commissioner Gold seconded by Commissioner Zalak to approve the Zoning Change from A-1 and PUD to PUD with Conditions 1 through 15 as amended (see below) agreeing with Growth Services staff and the PampZ Commission recommendations based on findings that the proposed use is compatible with the surrounding land uses is consistent with the Comprehensive Plan and will not adversely affect the public interest

CONDITION NO 11 All project development shall be served by central potable water and central sanitary sewer services both of which shall be provided by Marion County Utilities andor its successorsassigns prior to the issuance of any project Certificates of Occupancy or equivalent final inspection with the services installed andor developed consistent with the LDC The professional (sales center) office may be established using a temporary on-site treatment disposal system (OSTDSseptic) and a temporary well however the office shall be connected to central sanitary sewer service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central sanitary sewer is now available to the office and shall be connected to central

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June 6 2018

water service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central water is now available to the office

Chairman Bryant stated the changes by Mr Gooding are also to be included The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to adopt Ordinance 18-15 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on the application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-15 is entitled

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A REQUEST FOR A ZONING CHANGE FOR GOLDEN OCALA PUD - RLR INVESTMENTS LLC ET AL AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE

Board Discussion A motion was made by Commissioner Zalak seconded by Commissioner Moore to approve the Development Agreement with changes as discussed The motion was unanimously approved by the Board (5-0)

WALK-ON Request Approval to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible The Board considered the following recommendation from County Administrator Mounir Bouyounes PE Administration

DescriptionBackground During the June 5 2018 BCC meeting staff was directed to bring alternate dates back during this public hearing for the BCC to consider and schedulereschedule the following MSTU public hearings Windstream Improvement Area and Rainbow Springs (Phase I) Improvement Area In coordination with the calendars of outside counsel and the commission Monday July 23 2018 is proposed for these hearings

bull Windstream Improvement Area Monday July 23 2018 at 400 pm or as soon thereafter as possible (following the Animal Services Workshop)

bull Rainbow Springs (Phase I) Improvement Area Monday July 23 2018 at 415 pm or as soon thereafter as possible (following the Windstream Improvement Area Public Hearing)

Budget Impact None Recommended Action Motion to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and Motion to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible

Book Y Page 49

June 6 2018

A motion was made by Commissioner Gold seconded by Commissioner Zalak to reschedule the public hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to schedule and advertise a public hearing on Monday July 23 2018 at 415 pm or as soon thereafter as possible to extend the assessment period of remaining properties with unpaid balances located within the Rainbow Springs (Phase 1) Improvement Area The motion was unanimously approved by the Board (5-0)

CLOSING COMMENTS County Attorney Matthew G Minter commented on the revised Resolution (18-R-194) that was adopted at the regular BCC meeting on Tuesday June 5 2018 Chairman Bryant advised that copies are in the lobby for anyone who showed up interested in the Resolution regarding the Coastal Connector

There being no further business to come before the Board the meeting thereupon adjourned at 240 pm

athy Bry t Chairman

Attest

David R Ellspe ann Clerk

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June 6 2018

water service within ninety (90) days upon a determination and notice from the Marion County Utilities Department that central water is now available to the office

Chairman Bryant stated the changes by Mr Gooding are also to be included The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to adopt Ordinance 18-15 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on the application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-15 is entitled

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A REQUEST FOR A ZONING CHANGE FOR GOLDEN OCALA PUD - RLR INVESTMENTS LLC ET AL AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE

Board Discussion A motion was made by Commissioner Zalak seconded by Commissioner Moore to approve the Development Agreement with changes as discussed The motion was unanimously approved by the Board (5-0)

WALK-ON Request Approval to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible The Board considered the following recommendation from County Administrator Mounir Bouyounes PE Administration

DescriptionBackground During the June 5 2018 BCC meeting staff was directed to bring alternate dates back during this public hearing for the BCC to consider and schedulereschedule the following MSTU public hearings Windstream Improvement Area and Rainbow Springs (Phase I) Improvement Area In coordination with the calendars of outside counsel and the commission Monday July 23 2018 is proposed for these hearings

bull Windstream Improvement Area Monday July 23 2018 at 400 pm or as soon thereafter as possible (following the Animal Services Workshop)

bull Rainbow Springs (Phase I) Improvement Area Monday July 23 2018 at 415 pm or as soon thereafter as possible (following the Windstream Improvement Area Public Hearing)

Budget Impact None Recommended Action Motion to Reschedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and Motion to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible

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June 6 2018

A motion was made by Commissioner Gold seconded by Commissioner Zalak to reschedule the public hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to schedule and advertise a public hearing on Monday July 23 2018 at 415 pm or as soon thereafter as possible to extend the assessment period of remaining properties with unpaid balances located within the Rainbow Springs (Phase 1) Improvement Area The motion was unanimously approved by the Board (5-0)

CLOSING COMMENTS County Attorney Matthew G Minter commented on the revised Resolution (18-R-194) that was adopted at the regular BCC meeting on Tuesday June 5 2018 Chairman Bryant advised that copies are in the lobby for anyone who showed up interested in the Resolution regarding the Coastal Connector

There being no further business to come before the Board the meeting thereupon adjourned at 240 pm

athy Bry t Chairman

Attest

David R Ellspe ann Clerk

Page 50 Book Y

June 6 2018

A motion was made by Commissioner Gold seconded by Commissioner Zalak to reschedule the public hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner Gold seconded by Commissioner Zalak to schedule and advertise a public hearing on Monday July 23 2018 at 415 pm or as soon thereafter as possible to extend the assessment period of remaining properties with unpaid balances located within the Rainbow Springs (Phase 1) Improvement Area The motion was unanimously approved by the Board (5-0)

CLOSING COMMENTS County Attorney Matthew G Minter commented on the revised Resolution (18-R-194) that was adopted at the regular BCC meeting on Tuesday June 5 2018 Chairman Bryant advised that copies are in the lobby for anyone who showed up interested in the Resolution regarding the Coastal Connector

There being no further business to come before the Board the meeting thereupon adjourned at 240 pm

athy Bry t Chairman

Attest

David R Ellspe ann Clerk

Page 50 Book Y