Don’t Piggyback the RAC!

Don’t Piggyback the RAC!

Thomas R. Moore, a landowner abutting the Rural Activity Center (RAC) at the intersection of NW Hwy 225A & NW Hwy 326 (Gilbert’s Hardware), has applied to change the land use and zoning on 19 acres of a 24-acre parcel from Rural/Agriculture to commercial RAC.

The landowner proposes a landscape contractor yard and plant nursery. Don’t be fooled by this attempt to Piggyback the RAC by changing the 19 acres from agricultural to commercial.

If approved, this change would allow this landowner, or any potential new owner, over 35 commercial uses, including many intense uses like large-scale storage facilities and fuel plants, and over 350,000 sq. ft of buildings. These commercial uses threaten the rural character and agricultural integrity of the surrounding farms and the Farmland Preservation Area.

RACs in the Farmland Preservation Area are there to provide needed goods and services that make sense in a rural area. They are limited in size and scope to prevent needless sprawl from eating away at the Farmland Preservation Area. But that doesn’t stop some landowners from trying…

At the January Planning & Zoning Commission hearing, with a denial recommendation from the professionals at Growth Services and strong opposition from Horse Farms Forever and neighbors, the applicant requested a continuance for further review.

In April, Moore reduced the acreage to 18.72 acres from the total of 23.6 acres in an effort to gain a recommendation of approval from the Growth Services staff.

At the June 30th Planning & Zoning Commission meeting, the P&Z Commissioners recommended denial of the applications by Thomas Moore to change the Land Use and Zoning to Rural Activity Center (RAC) on the nearly 20-acre parcel adjacent to Gilbert’s Hardware. These applications were an attempt to Piggyback the RAC!

We thank the members of Horse Farms Forever who spoke against the rezoning to RAC at the meeting!

The P&Z Commission’s vote is just a recommendation and not the final vote.

The Marion County Commission voted unanimously to deny Thomas Moore’s proposal to “piggyback the RAC” during the Tuesday, July 15th meeting. This decision helps to protect the FPA from inappropriate commercial development, preserving the rural character of our community.

Always Watching

We work hard to keep you informed, and to represent our members' interests in preserving our horse farms, farmland and the unique character and culture of Marion County's 193,000 acre Farmland Preservation Area.

Join the herd. Every voice matters.

HFF is Raising the Alarm on SB 1118 That Fast-Tracks Development of Agricultural Lands

HFF is Raising the Alarm on SB 1118 That Fast-Tracks Development of Agricultural Lands

Horse Farms Forever, Inc.® is raising the alarm on Senate Bill 1118 filed by Senator Stan McClain that fast-tracks the development of “agricultural enclaves” and “infill residential development” parcels without any oversight from local government.

If this bill passes as written, what does it mean in Marion County? One example would be any parcel that qualifies as an agricultural enclave or infill residential development parcel, as newly defined by the bill, would be exempt from the protections of the Farmland Preservation Area, the comprehensive plan and the land development code, and administratively approved for development without any public hearing.

Senate Bill 1118 defines agricultural enclaves and infill residential developments, then exempts them from all normal development standards mandated by the comprehensive plan, land development code, and public hearing requirements, which are essential guiderails in place to assure local rule and protect the public.

Please read the letter Horse Farms Forever below that was sent to Kathy Bryant, Chairman of the Marion County Commission outlining our concerns.

Sumter Electric Cooperative (SECO) Special Use Permit

Sumter Electric Cooperative (SECO) Special Use Permit

Sumter Electric Cooperative (SECO)

Special Use Permit

The Horse Farms Forever watchdogs have been alerted to an application from Sumter Electric Cooperative (SECO) for a Special Use Permit to build a utility company service yard on 3 parcels, totaling about 80 acres, inside the CR 475A Visual Enhancement Gateway Development Overlay Zone for the Florida Horse Park.

The County designated this overlay zone as worthy of special development regulations to maintain and protect its visual features by limiting the range of uses and requiring enhanced landscaping and buffering. The subject area is the gateway to the Florida Horse Park which is located inside the Cross Florida Greenway. This region has a significant amount of horse farms and agricultural activity. It also is home to many members of Horse Farms Forever who share our mission to preserve and protect horse farms and farmland for future generations.

SECO seeks a Special Use Permit to allow a utility company service yard on parcels with a zoning classification of Community Business B-2. The only zoning classification in the Land Development Code that allows a utility company service yard as a permitted use, by right, is Heavy Business (B-5). The Heavy Business classification is intended for just that, intense heavy-duty business. The proposed heavy business activity on these parcels would introduce intense commercial uses incompatible with the rural character and agricultural viability of the surrounding farms and other parcels. The application violates the intent and integrity of the Overlay Zone for the Florida Horse Park.

April Update

Horse Farms Forever® has updated its position from opposition to neutral regarding Sumter Electric Cooperative’s (SECO) application for a Special Use Permit to build a utility service yard on three parcels within the CR 475A Visual Enhancement Gateway Development Overlay Zone, which serves as a critical buffer for the Florida Horse Park.

Initially, in February, Horse Farms Forever opposed the proposal, citing concerns that it compromised the intent and integrity of the Overlay Zone. Since then, the organization has engaged in ongoing dialogue with SECO’s leadership, who demonstrated a strong commitment to being a responsible community partner. SECO agreed to make significant revisions to its original site and building plans in response to concerns raised by Horse Farms Forever and neighboring residents. These changes reflect SECO’s respect for the Overlay Zone’s purpose—to preserve the rural character of the area and protect it from encroaching development. Horse Farms Forever commends SECO, particularly CEO Curtis Wynn and VP/General Counsel Tracy de Lemos, for their responsiveness and efforts to be good neighbors.

Greenway Trojan Horse – Updated

Greenway Trojan Horse – Updated

Tillman and Associates should have played Joni Mitchell’s Big Yellow Taxi while they rode their Trojan Horse into the Planning and Zoning meeting this week. Not only are they applying to pave 15-acres of paradise with a 500-vehicle parking lot, but it turns out that companies apparently affiliated with On Top of the World have recently bought two adjacent parcels: the 122-acre pasture across the street and the 12-acre horse farm next door to this subject parcel.

Smoke & Mirrors?

Why would companies apparently affiliated with OTOW want to buy a 122-acre pasture on the north side of Highway 484 under the name of SAGE AMICUS LLC and a 12-acre horse farm across the street on the south side of Highway 484 under the name of HORSING AROUND OCALA LLC? Perhaps they are going to become Horse Farms Forever’s newest member? Probably not.

On Top of the World already owns the 5,454-acres of land to the north and west with a flag-access to Highway 484. This massive parcel is part of a legacy Development of Regional Impact approval (“DRI”) with vested development rights. The 122-acre Sage Amicus parcel has a much larger presence on Highway 484 and a Rural Land use and Agricultural zoning, like the surrounding properties. It is not part of the legacy DRI. The 12-acre horse farm, which adjoins the Cross Florida Greenway, also has a Rural Land use and Agricultural zoning.

Is it a coincidence that Tillman & Associates has applied to change the land use on the 15-acre parcel from Rural to Commercial and the zoning from Agricultural to Business on a parcel next door to the 12-acre horse farm? Maybe. Tillman & Associates represents the Brothers Holdings on this application and OTOW on other applications. At the Planning and Zoning public hearing, the Tillman representative stated:

“Also, what we are asking for is the accessibility to the Greenway, an opportunity for citizens through OTOW to be able to come down and utilize the Greenway, the resources that we have that is always being spoken of and encouraged to utilize and what better way to access it through a golf cart, or walking trail, or multimodal trail down to that particular location. So that way we can get the full effect of what the Greenway trails was meant to be for.”

The Application calls for 502 paved stalls for boat and RV storage covering the 15 acre site. That’s more parking than Gainesville Airport. Source: Application for Rezoning.

Westward, Ho!

What would be the implications of changing the land use on the 15-acre parcel to commercial? HUGE! It would set a precedent for all future applications on adjoining parcels to change Rural Land use to Commercial. With a quick look at the map, you don’t need a crystal ball to wonder if there will be a Westward, Ho expansion creating a commercial hub on Highway 484. 

Don’t Know What You’ve Got ’til It’s Gone

The neighbors and the community need to answer the questions:

  • Is this application to change the land use on the 15-acre Brothers Holdings parcel from Rural Land to Commercial part of a Trojan Horse strategy?  
  • Is this application a strategy for a westward commercial expansion on 484? 

The location of this proposed 500-vehicle parking lot is adjacent to the Cross Florida Greenway, a treasured public resource. The parcel is in a FEMA flood zone and in the Secondary Springs Protection Zone.

The professionals at Marion County Growth Services Staff have reviewed the application and recommended denial as it is not compatible with the surrounding properties, is inconsistent with 9 provisions of the comprehensive plan, and is adverse to the public interest.  In addition, the Marion County Planning & Zoning Commission unanimously voted to recommend denial.

Hearing May 21

Horse Farms Forever agrees with the recommendations from Growth Services and the Planning & Zoning Commission that this application should be denied. 

That decision will be made on Tuesday, May 21, at 2:00 pm when the County Commission meets to consider the application. 

If this subject is of interest to you, please join us.  There’s no closer form of democratic governance that attending a public hearing.

Always Watching

We work hard to keep you informed, and to represent our members' interests in preserving our horse farms, farmland and the unique character and culture of Marion County's 193,000 acre Farmland Preservation Area.

Join the herd. Every voice matters.

Jumbolair Meeting Ends with Win for Community

Jumbolair Meeting Ends with Win for Community

The dust has begun to settle from the Tuesday, February 20 public hearing on Jumbolair’s application and it still feels like a big win for the community. Residents went home after the nearly six-hour meeting with a sigh of relief as the meeting ended with a moratorium on new fly-in communities and a commitment to study and revise the County’s regulations.

The feeling on Tuesday morning was much different when, just two hours before the public hearing, Jumbolair withdrew their application to expand the fly-in community.

This calculated maneuver did not deter nearly 350 residents and neighbors, as they showed up at the Marion County Commission Auditorium to protest the development. Also, in a show of solidarity, 220 people signed up to speak in opposition.

Since the application was withdrawn, the Marion County Commission could not vote, but they could still take public comments from residents, the attorneys representing Horse Farms Forever and John Travolta, as well as comments from Save Our Rural Area, who helped organize the community.

Concerned neighbors gave impassioned speeches to the Commission about how the proposal to build 240 homes and 198 new aircraft hangars would forever change their quiet, rural farmland community. Several residents also shared their serious and grave concerns about the numerous low-flying military airplanes and helicopters that have spooked horses and livestock and rattled residents with the constant noise and safety concerns.

While the application was officially withdrawn by the applicant, not denied by the Commission, this meant that Jumbolair could reapply at any time. However, at the recommendation of County Attorney Guy Minter, Commission Chair Michelle Stone directed staff to revise the Land Development Code (LDC) with clear criteria for private airfields and fly-in communities. Minter also recommended hiring a consultant due to the complexity of the issue.

The Commissioners agreed to study and revise the LDC and, to also not accept any applications for new fly-in communities until the revisions to the LDC have been adopted. This process will take approximately 18 to 24 months. Horse Farms Forever will be closely monitoring this process and we will update the community on any upcoming meetings or workshops.

Horse Farms Forever was instrumental in pointing out the deficiencies in the LDC regarding fly-in communities as we submitted a letter to County Administrator Mounir Bouyounes addressing this issue about a week before the public hearing. For example, the LDC has definitions for things like Aviary, Boat Yard, and Equine Center, but it does not have a definition for the terms Airport, Fly-In Community, Hangar, or Runway. This deficiency in the LDC justifies the moratorium on fly-in applications, especially considering that Marion County has nearly 20 existing fly-in communities.

Horse Farms Forever (HFF) also worked closely with Save Our Rural Areas (SORA) on this proposed development as it not only threatened the Farmland Preservation Area (FPA), but also several rural communities that border the FPA. It was the combined forces of hundreds of residents, along with the powerful legal team that included several attorneys representing HFF, SORA and John Travolta, as well as over 2,000 emails, which sent a formidable message to the Commission about how important it is to protect our quality of life and rural communities.

We thank the County Commissioners and the Growth Services staff for their professionalism and also for the leadership of Commission Chair Michelle Stone, who allowed public comment, even though the application had been withdrawn. Each and every resident that sent an email or spoke at the Commission meeting made a difference.

 

Like our horses, we are stronger together!

The Racetrac Shenanigan

The Racetrac Shenanigan

RaceTrac has applied to build a truck stop deep inside the Farmland Preservation Area. The County says truck stops are not compatible on agricultural land, so RaceTrac has applied to change the zoning and made some modifications to the plan so that it looks more like a gas station. It’s a shenanigan! Like a wolf in sheep’s clothing, RaceTrac is hoping that the disguise will get them in the gate. Once they’re in, the incremental change to a full-scale truck stop will be hard to fight. Let’s take a closer look at this “sheep-nanigan” so we can see the teeth and claws hidden under the fluff.

The Shenanigan

The site is at the intersection of 329 where it meets 301/441 just before the “Y” where 301/441 split in northwest Ocala. It is right near both the North Marion High and Middle schools. You can see that the area is predominantly large, open pastures. It is a quiet rural neighborhood with one exception. The convergence of 301 and 441 creates a high traffic count.

Especially for trucks headed to and from Jacksonville. 

RaceTrac has applied to rezone an agricultural parcel in the FPA to Rural Commercial, a restricted, specialty classification. Rural Commercial is only available to legacy commercial parcels that are agricultural related and appropriate on Rural Lands.

Perhaps you’ve never heard of Rural Commercial zoning – seems like an oxymoron! Is it rural or is it commercial? It’s understandable if you have never heard of it.  Of the 281,000 parcels in the County, only 20 have this legacy zoning. That’s just 0.007%.

According to our research, no one has ever applied to rezone a parcel with Rural Land use from Agricultural to Rural Commercial … until RaceTrac.

Truck Stops are not allowed in Rural Commercial zoning. So, RaceTrac is calling this project a “rural agricultural convenience store and gas station.”

The Disguise

How do you make a truck stop look like a gas station?

RaceTrac’s answer is to remove the semi-truck parking, but keep the semi-truck fueling lanes. Take a look at this site plan. The gas pumps are in the front and the diesel truck lanes are in the back. If you’ve ever been to a truck stop, you’ll recognize the pattern.

When’s the last time you saw a truck stop with semi-truck fueling lanes but no semi-truck parking? They have to park somewhere, even temporarily, and they will. On all that space in the back.

How long will it be before that open space has semi-trucks parked on it? Who will be able to stop it then?

My What Big Teeth You Have

Truck stops depend on traffic to make a profit. Look at what grew up around a similar RaceTrac in Lithia Springs, Georgia: big box stores, distribution centers, fast food, you name it. If RaceTrac is allowed to use Rural Commercial zoning, then the sky’s the limit for a commercial invasion of the Farmland Preservation Area.

If this truck stop is “agricultural related and appropriate for rural lands” then what else will developers argue for? A Bucc-ees on the opposite corner? A Walmart? How much farther behind are a wider road, faster speeds, on- and off-ramps, and lighting 24/7? URBAN SPRAWL is knocking on the door.

A Break in the Fence?

In order to get to the sheep, this wolf has to clear some hurdles. The first hurdle is the restriction to agricultural related commercial uses.

Is a RaceTrac truck stop an agricultural related use? Of course not! The USDA says “agricultural related use” means lands, buildings, or structures, used, designed, or intended for use for the purpose of a bona fide farming operation.

Selling salads does not make it agricultural. Providing diesel fuel for off-road vehicles doesn’t make it agricultural. There are already two small, legacy-zoned gas stations in that area to serve that need.

The second hurdle requires the use be appropriate on Rural Lands.

Is a truck stop appropriate on Rural Lands? The Marion County Comprehensive Plan says no! That’s abundantly clear.

The third hurdle is that all undeveloped commercial parcels located in the Rural Lands shall rezone to Rural Commercial.

The RaceTrac parcel is an undeveloped agricultural parcel. It does not qualify for the Rural Commercial zoning.

It should take some fancy footwork to get past those first three hurdles addressing the intent of the Rural Commercial zoning classification, but if RaceTrac clears those, the fourth hurdle is permitted uses. 

If you are agricultural related, appropriate on rural lands, and an undeveloped commercial parcel, then convenience store/gas station is a permitted use. Truck stops are not a permitted use. The Land Development Code says truck stops are not permitted on Rural Lands.

If RaceTrac can convince the County that they meet both the intent of the classification and the permitted use, they will face the fifth and highest hurdle: the Comprehensive Plan. 

Objective 3.3.1

All Zoning Changes and Special Use Permits within the Farmland Preservation Area must be consistent with and preserve, protect, support, and enhance the rural, equestrian, and farmland character of the Farmland Preservation Area.

A truck stop does not clear this hurdle.

Common Sense

If it walks like a truck stop, quacks like a truck stop and acts like a truck stop, it’s a truck stop! Our County has done good work to protect the Farmland Preservation Area through zoning and the Comprehensive Plan. Because it can’t undo those protections, RaceTrac is seeking to find and exploit a loophole.

It’s a sheep-nanigan. We hope you don’t fall for it.

Don’t let RaceTrac pull the wool over your eyes.

RaceTrac’s application for zoning will face a public hearing on March 19th. We urge you to show up along with us and exercise your right to public comment. Please also reach out to your County Commissioners to thank them for their longstanding support for farmland preservation and ask them to continue to uphold the Comprehensive Plan’s protections for the Farmland Preservation Area. Your voice matters and it makes a difference.

Contact the County about the EAR:

For any additional questions regarding the EAR process, please email Planning@MarionFL.org with your subject line including 'EAR' or call us at 352-438-2675 & ask for a planner.

https://www.marionfl.org/agencies-departments/departments-facilities-offices/growth-services/planning-zoning/ear

The workshops will be livestreamed. Check the County’s agenda webpage for the link: https://marionfl.legistar.com/Calendar.aspx