SPECIAL MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

December 2, 2003

 The Special Meeting of the Board of Levy County Commissioners was held on December 2, 2003  at 6:30 p.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:

Chairman Danny Stevens
Comm. Sammy Yearty
Comm. Tony Parker
Comm.  Nancy Bell

 Also present were:

County Attorney - Gregory V. Beauchamp
County Coordinator - Fred Moody

  Chairman Stevens called the Public Hearing to order at 6:30 p.m.

 PLANNING, COUNTY

Mrs. Kathy Winburn presented the following petitions:

Petition LSA-03-01 - Application by James and Carolyn Neal to amend the Levy County Future Land Use Map from LDR (Urban Low Density Residential), to C (Commercial) on approximately 14.5 acres, located in the North ½ of the SW 1/4 of Section 4, Township 13 South, Range 19 East. Tax parcel number 04964-000-00 and a portion of tax parcel number 04999-000-00. Located within the Williston Municipal Service District.

Mrs. Winburn explained the staff review found the commercial land use was compatible with surrounding land uses, did not adversely affect the public interest and was consistent and furthered the objectives of F.S. 163 and Rule 9J(5) and was consistent with the applicable elements of the Comprehensive Land Use Plan.

Chairman Stevens called for opposition to the petition and none was presented.

Comm. Yearty moved to approve Petition LSA-03-01 submitted by James and Carolyn Neal.  Comm. Bell seconded and the MOTION CARRIED.

Petition CZ-3-03 - Application by James and Carolyn Neal to change the zoning classification from Rural Residential (RR) to Moderately Intensive Commercial (C-3) on approximately 14.5 acres located in the North ½ of the SW 1/4 of Section 4, Township 13 South, Range 19 East, Tax Parcel Number 04964-000-00 and a portion of Tax Parcel Number 04999-000-00.  Property is located within the Williston Municipal Service District.

Mrs. Winburn explained the request is compatible with surrounding land uses, consistent with goals and objectives of the Comprehensive Land Use Plan, is located within a Municipal Service District, complies with Future Land Use designation, is not environmentally sensitive, does not have a significant impact on natural resources, public facilities or services.

Chairman Stevens called for opposition and none was presented. Comm. Yearty moved to approve Petition CZ-3-03 submitted by James and Carolyn Neal.  Comm. Bell seconded and the MOTION CARRIED.

Petition CZ-4-03 – Application by James Neal to establish a zoning classification of Moderately Intensive Commercial (C-3) on property located in the North ½ of the SW 1/4 of Section 4, Township 13 South, Range 19 East, Tax parcel umber 04940-001-00 and is located within the Williston Municipal Service District.

Mrs. Winburn read the proposed ordinance heading as follows:

An ordinance providing for the establishment of a zoning classification on a parcel; pursuant to an application by James Neal, to establish a zoning classification of Moderately Intensive Commercial (C-3) on 2.2 acres located in the North ½ of the Southwest 1/4 of Section 4, Township 13 South, Range 19 East, Tax Parcel No. 04940-001-00, in the unincorporated portion of Levy County; providing for severability; providing for effective date.

Mrs. Winburn said the property has undeveloped access to U.S. Highway 27 Alternate, with a land use of commercial and the zoning district has not been applied.  Mrs. Winburn said the request is compatible with surrounding and adjacent land uses and there are no apparent  negative impacts.

Chairman Stevens called for opposition and none was presented. Comm. Yearty moved to adopt the ordinance for petition CZ-4-03 submitted by Mr. James Neal finding the request is compatible with surrounding land uses and consistent with the Comprehensive Land Use Plan.  Comm. Bell seconded and the MOTION CARRIED.

 ZONING

Mr. Rob Corbitt presented the following petition previously tabled:

PETITION NO. SE 5-03 – Robert and Faye Wells, petitioning the Board for a Special Exception to allow for an outdoor commercial recreational facility for the purposes of establishing an organized mud bogging business, located in the SW 1/4 of the NE 1/4 and that part of the East ½ of the NE 1/4 lying west of U. S. Highway 19/98, and all that part of the SE 1/4 lying west of U.S. Highway 19/98 and north of Butler Road, in Section 36, Township 15 South, Range 16 East, in Levy County.  Said parcel contains 99.80 acres more or less.  This parcel is located within a Forestry/Rural Residential “F/RR” zone. The Planning Board recommended approval with the following stipulations:

1. Special Use Exception shall be for the development of an organized mud bogging business and no substantial changes to the site plan submitted with the application shall be permitted without an approval by the BOCC through the amendment process.

2. The requested use of the property shall not change without approval by the BOCC through the amendment process.

3. Permits, approvals or documented exemptions from all affected state agencies shall be provided to the Development Department at the time of the application for any building permits.

4. The business shall operate between the hours of 9:00 a.m. and 9:00 p.m. except Sundays which hours shall be 10:00 a.m. to 9:00 p.m.. Amended hours to 10:00 a.m. to 5:00 p.m.

5. Prepare and submit an action plant o address the clean-up of petroleum products that may be spilled due to mechanical failures.

6. Compensate the county for any expenses incurred for emergency services, including fire department, sheriff’s office and emergency medical services.

7. Provide permits or documented exemptions from the Florida Department of Transportation (FDOT) for any required access improvements to US 19/98

8. Adhere to the recommendations of the Sheriff’s Office and Emergency Medical Services; two (2) off-duty Sheriff deputies for traffic and crowd control; certified EMT or paramedic or licensed physician for first aid to any injured person with Levy County EMS being contacted for transportation if needed, provide two (2) weeks notice prior to any scheduled event.

9. Provide hold harmless agreement and proof of general liability coverage with a $1,000,000.00 policy limit.

10.  Prohibit the use of nitrous oxide and require noise reduction devices.

11.  BOCC retains the right to rescind the special exception for the outdoor commercial use property upon the recommendation of the Sheriff’s Office or violation of any of the conditions applied to the approval of the special exception use permit.

Mr. Robert Wells said he had no objections to the stipulations recommended and would comply with them.  Mr. Wells explained the hours of operation were the one concerned and requested if it could be amended to sunset.

Mr. Corbitt explained only Levy County Emergency Medical Services (EMS) may transport a patient but any medical professional may provide first aid assistance.

Comm. Yearty said the site is an ideal location for a mud bogging area and the proposed project provides safety for the spectators and the surrounding buffering of the property consists of pine trees and palmettos  should reduce any noise problems.

Comm. Parker said the site was compatible with the project.

Chairman Stevens called for opposition and none was presented.

Mr. Lee Wallace inquired if the vehicles would be washed down prior to leaving the site.

Mr. Wells said this was discussed with the Department of Transportation (DOT) and he would put a wash down station and would also install a deceleration lane in accordance with their specifications.

Comm. Parker moved to approve the special exception on Petition No. SE-5-03 submitted by Robert and Faye Wells with the stipulated recommendations including Saturday only once a month and amending the hours of operation from 10:00 a.m. to sunset. Comm. Bell seconded and the MOTION CARRIED.

Mr. Corbitt presented the following petition for a Change in Zoning:

Petition No. CZ 1-03 – David Ruttinger, petitioning the Board for a Change of Zoning from Forestry/Rural Residential “F/RR” to Commercial “C-3" on a tract in the NE 1/4 of the NW 1/4 and the NW 1/4 of the NW 1/4 in Section 25, Township 16 South, Range 16 East, in Levy County.  Said parcel contains 38.18 acres more or less.  Parcel ID Numbers are 02920-001-00 and 02916-000-00. The first public hearing of November 4, 2003 recommended approval.

Mr. Corbitt read the proposed ordinance heading for the record:

An Ordinance of Levy County, Florida, changing the zoning classification on a parcel of land from Forestry/Rural Residential (F/RR) to Moderately Intensive Commercial (C-3), pursuant to an application by David Ruttinger, on approximately 38.18 acres located in the Northeast 1/4 of the Northwest 1/4 and the Northwest 1/4 of the Northwest 1/4 of Section 25, Township 16 South, Range 16 East, in the unincorporated portion of Levy County; providing for severability; providing for effective date.

Mr. Corbitt presented the site plan and outlined the surrounding land uses.  Mr. Corbitt said the property is within the Inglis Municipal Service District and there are surrounding commercial land uses.

Chairman Stevens called for opposition and none was presented.

Comm. Yearty moved to adopt the ordinance for the change in zoning.  Comm. Bell seconded and the MOTION CARRIED.

Comm. Bell moved to reaffirm the approval of the special exception with the conditions stated on November 4, 2003.  Comm. Yearty seconded and the MOTION CARRIED.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

                                                          
Danny Stevens, Board Chairman

ATTEST:

                                                      
Danny J. Shipp, Clerk of Court