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Approved Jan 12, 2012 - Zoning Board Minutes

Zoning Board
January 12, 2012
Milton, Florida

The Zoning Board met on the above date with the following members present: Chairman Jim Waite, and members Bill Dubois, William Merrill, Robin Edwards, Rob Williamson, Lonnie Hawkins, Paul Carney, David Powell, and Bill Seelman.  Leslie Statler, Planner I, and Beckie Cato, Planning and Zoning Director, represented the Planning and Zoning Department. 

The first item of business was the review of the minutes from the November 17, 2011 meeting. 

Hawkins moved approval of the November 17, 2011 meeting. Williamson seconded, and the motion passed unanimously.

Old Business: 

 1. 2011-V-025 
 Project/Applicant: Shane & Marichu Johnson represented by David Lamar, P.E.
 Location: 8428 East Bay Boulevard, Navarre
 Parcel(s): 08-2S-26-0000-00124-0000
 Zoned: HCD (Highway Commercial Development)
 Request: Variances to the following to accommodate the development of a boat & RV storage facility:  (1) to allow an 8' privacy fence to be located within a front setback; and (2) to eliminate the adjacent use landscape buffer along the north property line.
(LDC 6.04.15, 7.01.10.D, 7.01.05.E , F & G)
 District: Commissioner District #4

David Lamar said when this item came before the board in November the applicants requested five variances. He said the applicants have significantly modified their request. Lamar said his client is asking to locate a privacy fence within the front setback. He said they are asking the fence be placed 20 feet from the property line. Lamar said the other variance is a request to eliminate a landscape buffer on the north property line.  Waite asked if there is currently a chain link fence which will be replaced with a privacy fence.  Lamar said yes. 

Hawkins said this is a much more acceptable solution that what was requested in November. 

Hawkins moved approval of the requests. Carney seconded, and the motion passed unanimously. 

New Business:
1. 2012-SX-001 
 Project/Applicant: Paul Beasley
 Location: In the 5300 block of Windham Road
 Parcel(s): APO 01-1N-29-0000-00139-0000
 Zoned: AG (Agriculture)
 Request: Special Exception to allow the temporary placement of a recreational vehicle (RV) on a parcel less than 5 acres in size and located within an AG zoning district (LDC 2.04.00.C.10)
 District: Commissioner District #2
  
Merrill moved approval of the request. Carney seconded, and the motion passed by majority vote. Merrill, Carney, Edwards, Williamson, Waite, Powell, and Seelman in favor. Hawkins and Dubois opposed. 

2. 2012-SX-002 
 Project/Applicant: Travis Taxacher
 Location: In the 7200 block of Fieldcrest Street, Milton
 Parcel(s): 02-1N-28-0000-06913-0000
 Zoned: AG (Agriculture)
 Request: Special Exception to allow the temporary placement of a recreational vehicle (RV) on a parcel less than 5 acres in size and located within an AG zoning district (LDC 2.04.00.C.10)
 District: Commissioner District #2
  
Statler said the applicant originally purchased .55 acres.  She said the applicant was unaware he needed a full acre to be in compliance. Statler said the applicant later purchased an additional .45 acres to make a full one acre lot.

Taxacher said once he clears the property he wants to put a 5th wheel trailer on this property. He said he intends to put a mobile home on this property in the future. Waite asked when Taxacher anticipates putting a mobile home on the lot. Taxacher said he recently started a new job. He said he will be able to obtain financing after he establishes a period of employment. 

Deborah Broxson said she is in support of this request. 

Carney asked if there are any wetland requirements on this property. Cato said no.  Williamson asked if there is a time limit established for temporary RV’s in this zoning district.  Statler said no more than 6 months.

Hawkins moved approval of this request. Williamson seconded, and the motion passed unanimously. 

3. 2012-V-001 
 Project/Applicant: Ronald & Shirley Harris
 Location: 4648 Cyril Drive, Pace
 Parcel(s): 12-1N-29-0000-00268-0000
 Zoned: R1 (Single Family Residential)
 Request: Variance request to reduce the front building setback from 25 feet to 0.0 feet to accommodate 2 carports (LDC 2.10.05.B.1, 6.05.05.I.2)
 District: Commissioner District #1
  
Statler said the applicants erected metal carports in their front yard to protect their RV and boat. She said the applicants were notified the structures were located within the County right of way and promptly moved the structures out of the right of way. Statler said the new location of the structures does not comply with setback requirements. 

Shirley Harris said when they were notified the structures were in county right of way they moved the structures as far back as they could. She said the structures are now abutting their house.

Williamson asked if these structures are still in County right of way.  Statler said no. Waite said he does not see any neighbors here in opposition. Seelman asked if these structures required permits.  Statler said yes.  She said the structures were installed without permits. Statler said this complaint originated because the building was on county right of way. Statler said the structures are not attached to the house. 

Dubois moved denial of this request. Edwards seconded, and the motion failed with Dubois, Edwards, Carney, and Powell in favor.  Seelman, Waite, Hawkins, Williamson, and Merrill opposed.

Hawkins moved approval of this request. Seelman seconded, and the motion passed by majority vote with Hawkins, Seelman, Waite, Williamson, and Merrill in favor.  Dubois, Powell, Carney,and Edwards opposed. 

4. 2012-V-002 
 Project/Applicant: “Banfield Lawncare & Landscaping” Kelly Banfield
 Location: 4686 West Spencer Field Road, Pace
 Parcel(s): 10-1N-29-0000-02100-0000
 Zoned: HCD (Highway Commercial Development)
 Request: Variances for the following to accommodate the development of a retail nursery and landscape business: (1) to allow a 6’ wooden privacy fence in lieu of any adjacent use landscape buffer along the north property line; and (2) to allow 6’ wooden privacy fence within a front setback.  (LDC 7.01.05.E , F & G, 7.01.10.D)
 District: Commissioner District #1
  
Banfield said on the north side of this property he would like to run a wooden fence starting at 30 feet into the property and down the rest of the length of the property. He said he intends to do some landscaping but not as much as required by the Land Development Code.  Banfield said the focal point of any business should be at the front of the business, not the side. 

Williamson moved approval of the request. Seelman seconded, and the motion passed unanimously. 

5. 2012-V-003 
 Project/Applicant: Betty Fountain, F&T II, LLC
 Location: 1836 Lindsey Magnolia Court, Navarre
 Parcel(s): 24-2S-27-2349-00A00-0070
 Zoned: R2 (Medium Density Residential)
 Request: Variance to reduce the front building setback from 20 feet to 14 feet to accommodate a single family dwelling (LDC 6.05.08.I.2)
 District: Commissioner District #4

Waite said the applicant for this request had an emergency and could not attend tonight’s meeting. He said the applicant requested this item be tabled until next month. 
  
Hawkins moved to table this item until the February 9th meeting. Powell seconded, and the motion passed unanimously. 

6. 2012-CU-001 
 Project/Applicant: Dwight & Kameron Price
 Location: 2442 Lawrence Cooley Road, Milton
 Parcel(s): 20-4N-27-0000-00606-0000
 Zoned: AG (Agriculture)
 Request: Conditional Use to allow campsites (recreational activities) to be located within an Agriculture (AG) zoning district (LDC 6.09.02.V)
 District: Commissioner District #1
  
Kameron Price said Cold Water Creek Barn offers Santa Rosa County horse owners a service for quality horse care. She said she intends to extend services by a way of limited camping at the facility. Waite asked the number of campsites. Price said 7. 

Angela Lewis said her primary concern is disposal of sewage and trash. She said she is also concerned about this establishment decreasing property values.

Lindsey Burns said the campgrounds are upstream from her property. She said the state has 67 campsites only 2 miles away from this property. She said she feels there is no need for this facility.

Statler said the applicant indicated a septic tank will be installed. She said this project will undergo site plan review and septic and trash disposal will be handled at that time.

Price said she will do whatever is required to comply. She said she intends for each site to have its own sewer.  Price said this is an issue for all campsites. She said she does not intend to compete with the state camping sites. She said she is providing a service for her horse boarders.  Edwards asked if it will be strictly RV’s on this property. Price said she has no plans for any permanent structure on this property. She said the camp sites will be charged as part of the horse boarding fee. 

Walter Mullins said he is in favor of this request. 

Williamson moved approval of the request. Hawkins seconded, and the motion passed unanimously.

7. 2012-R-001 
 Applicant: Pace Church of Christ, Inc.
 Agent: Luke Shows
 Parcel(s): 33-2N-29-0000-00225-0000
 Location: 4075 Berryhill Road, Pace
 Existing Zone: Agriculture (Ag)
 Requested Zone: Highway Commercial Development (HCD)
 Current FLU: Agriculture
 Proposed FLU: Commercial
 Area size: 5.35 acres
 District: Commissioner District # 1
  
Waite asked Paul Hendricks the reason for this request. Hendricks said the church has purchased two portable buildings from the School Board. He said the church will place the buildings on the east side of the property.  Dubois said he supports this request and applauds the church for requesting a rezoning rather than conditional use.  

Seelman moved approval without objection of the request.

8. 2012-R-002 
 Applicant: 3 Amigos Development, LLC
 Agent: June Weeks (Weeks Planning and Engineering, Inc.)
 Parcel(s): 23-2S-27-0000-02638-0000
 Location: North end of Adams Street, Navarre
 Existing Zone: Mixed Residential Subdivision District (R1M)
 Requested Zone: Planned Unit Development (PUD)
 Current FLU: Single Family Residential
 Proposed FLU: No Change
 Area size: 7.55 acres
 District: Commissioner District # 4
  
Jim Weeks said this property is divided into quarter acre lots and 3 Amigos Development intends to develop single family residences on the lots.  He said approximately half of the property will stay undeveloped. Weeks said he intends to preserve the wetlands on the property.  He said sewer and water utilities will be designed to state standards. 

Waite asked the minimum square footage of the homes going on the lots. Weeks said approximately 2,000 sq ft. with an additional garage. Dubois asked if the infrastructure will be privately maintained. Weeks said yes. Carney asked if there will be deed restrictions in place.  Weeks said yes. 

Donald Medeiros said his concern is water supply for fire control.  He said he is also concerned about wildlife in the area. 

Roy Stoeser said he is concerned about traffic, school bus access, and construction noise. 

Weeks said he will install an adequate fire hydrant in the development.  He said a traffic study can be provided.  Weeks said the Land Development Code requires the cul-de-sac be large enough for emergency and utility vehicles to maneuver through the subdivision.

Dubois moved approval of this request. Williamson seconded, and the motion passed unanimously. 

9. 2012-R-003 
 Applicant: Pullum Properties, Inc. and White Oak Properties
 Agent: Donald Jehle (Jehle-Halstead, Inc.)
 Parcel(s): APO 16-2S-26-0000-00104-0000 and APO 17-2S-26-0000-00143-0000
 Location: East of Hwy 87 South and south of High School Road, Navarre
 Existing Zone: Single Family Residential (R1) and
Highway Commercial Development (HCD)
 Requested Zone: Single Family Residential (R1A)
 Current FLU: Single Family Residential and Commercial
 Proposed FLU: Single Family Residential
 Rezoning Area size: 3.35 acres
 FLU Area size: 2.15 acres
 Overall Area size: 3.35 acres
 District: Commissioner District # 4
  
Don Jehle said he is trying to rectify inconsistent zoning of this property.  Williamson asked if this development will be visible from Highway 87. Jehle said the development will be minimally visible through the wooded area. 

Hawkins moved approval of the request. Williamson seconded, and the motion passed unanimously. 

10. Proposed text amendment to the Santa Rosa County Land Development Code presented by Beckie Cato:

Amending Land Development Code Section 6.04.04; Adding that recreational vehicles may be temporarily used as living quarters in residential districts during the construction of a principal residence

Cato said this amendment has been proposed to address property owners who want to stay on their lot in an RV during construction of their home.  She said the LDC does not currently allow this.  Cato said the criterion ties this to a building permit.  Cato said this amendment will allow RV’s to be temporarily used as living quarters in residential districts during the construction of a principle dwelling for a maximum of two years.  Merrill said two years seems like a long time. Cato said this is negotiable. She said sometimes there are situations that prolong development. Cato said building permits are good for 6 months at a time but can be extended.  Merrill said he is uncomfortable allowing an RV in a neighborhood for two years. Edwards agreed. Seelman said 2 years may not be long for someone who is building their own home. He said he is concerned about an RV becoming a semi-permanent residence. Statler said the RV will require a permit for utilities which will act as a tracking mechanism. Waite said he felt one year is too short of a timeframe. Edwards asked if there is a regular need for this type of exception that requires this change to the LDC. Cato said she receives this type of request fairly regularly. She said the board may want to allow this as a conditional use.  Powell asked if applicants will need to come before this board for approval.  Cato said no.  She said the LDC can be written to require the applicant come before this board for approval.

Hawkins moved denial of this amendment.  Powell seconded. Hawkins withdrew the motion.

After further discussion the board decided to table this item to allow staff to make changes to the amendment with consideration of suggestions from the board.

Hawkins moved to table this item until the February 9th meeting. Merrill seconded, and the motion passed unanimously. 

Planning Department Matters:

 Review of BOCC December 8, 2011 meeting results:
     
1. Conditional Use 2011-CU-013 and 2011-CU-015

 Waite said the Board of Commissioners upheld this board’s decisions on these  items.

Next meeting:

 The next Zoning Board meeting will be held on Thursday, February 9, 2012 at 6:00  p.m. 

Other discussion:

 Cato introduced Jeff Fanto. She said Fanto is a representative of Eglin Air Force  Base. Cato said Fanto will represent Eglin Air Force Base at the Zoning Board  meetings and comment on any request that affects the base. 

Adjourn:

 There being no further business to come before the board at this time, the  meeting adjourned.