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.

It is the vision and mission of Horse Farms Forever to inspire conservation of horse farms through education, awareness and idea exchange so as to preserve natural pasture land focusing on horses and their habitats, to protect soil and water on which they depend, and minimize land use conflicts
in Marion County, Florida.

We are watchful of government and others to preserve and protect horse farms and farmland for future generations - especially in the Farmland Preservation Area. We are neither anti-growth nor anti-development; we encourage urban growth to remain inside the Urban Growth Boundary.

Horse Farms Forever® is a Florida not-for-profit corporation registered with the Florida Department of Agriculture and Consumer Services as a charitable organization and approved as a tax-exempt 501(c)(3) corporation by the Internal Revenue Service. Horse Farms Forever® does not have a political mission. Our status as a 501(c)(3) charitable organization does not allow us to participate or intervene in political activities. The organization will neither advocate on behalf of political candidates nor advocate for the passage of legislation.

 

John Travolta Opposes Jumbolair Expansion!

Even Ocala’s most famous resident, John Travolta, a lifelong pilot himself, agrees that the Jumbolair expansion is not in the public interest.  John Travolta started taking flying lessons at age 15 and has been a licensed pilot since he was 22 years old.  It’s that lifelong love of aviation that brought him to Ocala in early 2000 with the decision to build a home in Jumbolair.

Truett Gardner, Mr. Travolta’s legal counsel, spoke to John recently and he asked us to share this message.  “John loves Marion County, the peaceful nature of Jumbolair, and he is completely united with the opponents of Mr. Bull’s comp plan and rezoning requests.”

Here are excerpts from the Opposition Letter filed on behalf of Mr. Travolta:

“On behalf of our client and longtime resident of Jumbolair Aviation Estates, John Travolta, and the Co-Trustees Ronald Zupancic and Michael J. McDermott, Esq. of the Hawker Investment Trust, dated March 1, 1998, Gardner Brewer Hudson (GBH) is providing the following reasons why the future land use map amendment and rezoning applications filed by Robert Bull for Jumbolair Aviation Estates (the “Property”) should be summarily denied.”

“Robert Bull’s proposed comprehensive plan amendment and rezoning demonstrate the antithesis of the protections established by the Supreme Court which have permeated throughout the Country, throughout Florida, and are recognized in Marion County. Bull’s proposals instead serve to threaten the public’s health, safety, and welfare by densifying property in a rural area close to a large private runway and by endangering the safety of residents that live in proximity to his property.”

“Compared to the existing low-density neighborhoods surrounding the area, Bull’s proposals would irrevocably alter the complexion of north central Marion County from a quiet, rural farmland community to a bustling airfield surrounded by dense residential development and commercial development. Bull’s applications promote the creation of a disproportionate island of increased density and air traffic that is disconnected and isolated from the true urban fabric of Marion County located to the south of the subject Property.”

“If approved, the development would pose significant harm to our client and the residents of Marion County for the following reasons: The Large-Scale Future Land Use Map Series amendment for 358.62 acres is socially and fundamentally incompatible with the Marion County Comprehensive Plan as it fails to discourage the proliferation of urban sprawl, does not satisfy the original intent of the Urban Growth Boundary, and is an inherent danger to Rural Neighborhoods.”

“The proposal fails to adhere to the goals, strategies and policies promulgated under the Comprehensive Plan. Marion County’s Comprehensive Plan provides its roadmap to balance appropriate development with existing patterns, availability of infrastructure, and overall compatibility. Bull’s proposals are not consistent with existing development patterns, as necessary infrastructure is not even contemplated and, most glaringly, the proposals could not be more incompatible with the fabric of the surrounding area.”

“In keeping with the well-founded precedent established by the U.S. Supreme Court in Euclid v. Ambler Realty Company, amendments to valid Comprehensive Plans and zoning regulations should be rejected when they jeopardize the public’s health, safety, and welfare.”

“The above-referenced failures in Bull’s proposals demonstrate a blatant lack of interest in preserving the rural nature of the area and Jumbolair’s unique history. Accordingly, and as a consequence of the proposals’ inconsistencies with the Comprehensive Plan, Bull’s FLUMS amendment and companion rezoning should be rejected and denied.”

 

February 9, 2024

T. Truett Gardner, Esq.

Addie K. Clark, P.E.

Gardner Brewer Hudson

Travolta Files Legal Complaint Against Jumbolair Development!

In January, Hawker Investment Trust, John Travolta’s entity, filed a lawsuit against Jumbolair Aviation Estates Owners Association and Jumbolair Development, LLC, owned by Robert and Debra Bull, seeking a judgement for specific performance. 

Hawker Investment Trust owns a 19+ acre parcel in the Jumbolair community where Mr. Travolta lives and keeps his aircraft.

Excerpts from the Legal Complaint Letter

“This law firm, along with McDermott & Thacker, P.A., represents Ellen Bannon and Margaret Rau, as Trustees of the Hawker Investment Trust, dated March 1, 1988 (“Hawker Investment Trust”), and John Travolta (“Mr. Travolta”) (collectively, the “Travolta Parties”).”

“As you know, the Travolta Parties have been residents of Jumbolair Aviation Estates since 2001. For over twenty years, the Travolta Parties have enjoyed the quiet and peaceful use and enjoyment of the Jumbolair Aviation Estates. Unfortunately, since Mr. and Mrs. Bull purchased the Jumbolair Aviation Estates in 2021, the Travolta Parties’ experience has been anything but.”

“Specifically, Mr. Travolta’s guests have relayed to him that Mr. Bull has been discourteous to them in their limited dealings with him. Consistently, the Travolta Parties’ employees/ contractors have complained to him that Mr. Bull is very rude in his interactions with them.”

“Not long ago, the Travolta Parties engaged electricians to change out some lights on the PAPIs. While doing their job, they were approached by Mr. Bull who disparaged them and their ability to do their work to the point where they reported to us that they were “shook up” and would probably not return if asked. Further, the Travolta Parties’ pilot (Eclipse) advised him that not long ago, upon departing, while being handled by the Jacksonville controller, Mr. Bull requested him to identify his passengers. The pilot refused to do so.” 

“This inappropriate behavior by Mr. Bull has led to an invasion of the Travolta Parties’ privacy and has caused much embarrassment to Mr. Travolta.”

“Mr. Bull’s actions recently culminated in his unauthorized intrusion onto Mr. Travolta’s property on July 12, 2023, in which he both refused to leave and blockaded the egress to the Jett Bleu Estates with his vehicles, construction equipment and his helicopter. This entire “self-help” enforcement incident is on video which captured the derogatory, insulting, and threatening manner, including name calling in which Mr. Bull tried to intimidate Mr. Ronnie Zupancic, Mr. Travolta’s property manager, into compliance with what he contended was an enforceable restriction. It ended when Mr. Bull was removed from the Jett Bleu Estates by police under threat of being arrested for trespassing.”

“The Travolta Parties also have a video of Mr. Bull taken after he was removed from the Jett Bleu Estates, threatening Mr. Zupancic with trespass if he attempted to access the common area property on the west side of the runway (where the PAPI lights are located), which area was dedicated per plat to the residents of Jumbolair. Not wanting to let things cool off, the following day, Mr. Bull flew his Blackhawk military helicopter in front of the Jett Bleu Estates and hovered/landed for sufficient time in an effort to intimidate the occupants. Talk of Mr. Bull’s helicopter possessing operational Class V weapons was soon circulating among the staff. Regardless of whether that is true, the message sent was eminently clear. Again, this was captured on video. Taxiways are for transit, not intimidation. Since that time, the Travolta Parties have videotaped Mr. Bull doing “aerial reconnaissance” of the Jett Bleu Estates, with his other helicopter, ostensibly in an effort to document non-existing deed restriction violations incapable of being observed at ground level.”

“Ultimately, Mr. Bull has created an atmosphere of fear, distrust, and uncertainty among the Travolta Parties. The Jumbolair Parties, through Mr. and Mrs. Bull, have disregarded their preexisting obligations to the Travolta Parties and have actively impeded the Travolta Parties from enjoying the rights and privacy the Travolta Parties have been accustomed to, and have a right to, at the Jumbolair Aviation Estates during the last twenty plus years. It is as if Mr. Bull is committed to a campaign to drive Mr. Travolta out of the neighborhood with his continual harassment and intimidation tactics.”

 

September 15, 2023

William J. Schifino Jr., Esq.

Gunster, Yoakley &Stewart, P.A.

Horse Farms Forever, Inc.® Opposes Jumbolair Expansion

Horse Farms Forever, Inc.® Opposes Jumbolair Expansion

Position Statement

Horse Farms Forever, Inc. opposes the Robert Bull revised applications to change the land use and zoning for the Jumbolair parcels. The proposed changes are not in the public interest, not compatible with the surrounding properties and inconsistent with the Comprehensive Plan.  The land use change should be denied. The zoning change should be denied.

Planned Unit Development (P.U.D.) Concept Plan for Jumbolair.

The Revised Applications

Robert Bull proposes creating Jumbolair Aviation & Equestrian Estates as a fly-in community with a maximum of 240 new dwelling units, a 150% increase over the 94 dwelling units allowed with the current land use. The demand for this increased density is not driven by market demand, rather it is reliant on access to the runway for flight operations. There are already thousands of vacant parcels in and around the Jumbolair community. Marion County has an inventory of 120,000 vacant parcels that are vested for residential development.

Without the flight operations, there is no demand for the residential density.

And to support the flight operations, Jumbolair is proposing to increase the number of aircraft hangars with access to the runway to nearly 250. These hangars will accommodate 300+ aircraft. The increase in flight operations from 300+ aircraft to create demand for residential dwellings will subject the surrounding rural landowners and horse farms to an invasion of noise that is unprecedented. Just imagine hundreds of daily flight operations involving circling, low flying aircraft seven days a week at all hours of the day and night, with no restrictions.

 

With flight operations, the neighbors will be subjected to the equivalent of a never-ending air raid.

The Farmland Preservation Area

The 450-acre Jumbolair property straddles the boundaries of the Urban Growth Boundary and the Farmland Preservation Area (FPA) with about 20% of the acreage located in the FPA. The revised Jumbolair site plan proposes 1-acre lots that abut the FPA. This is contrary to Comprehensive Plan Policy 2.1.17 which states: “Where Low Residential abuts the Farmland Preservation Area or other Rural Area, hamlet, clustered or other development methods to preserve large tracts of open space are encouraged.”

Marion County’s Land Development Code (LDC) states that aircraft hangars are only permitted in approved fly-in communities or with a Special Use Permit. The Jumbolair revised application proposes designating the entire 450-acres to be a fly-in community, including the parcels located in the Farmland Preservation Area.  Jumbolair proposes tightly clustering 90 of the proposed 203 aircraft hangars on parcels located inside the FPA. This proposal is not consistent with Comprehensive Plan Policy 3.3.1, which requires that all applications for Zoning change and Special Use Permits “be consistent with and preserve, protect and support and enhance the rural, equestrian, and farmland character of the Farmland Preservation Area.” 

James Garemore, who built the original grass runway. The five small Quonset hut style hangars can be seen in the background.

The paved runway is reportedly the largest licensed private runway in North America.

The Airport

In 1980, James Garemore built the original Greystone grass runway that runs east/west. Also in 1980, Arthur Jones of Nautilus exercise equipment fame purchased a homestead and added another 450 acres that abutted the Greystone runway. In 1984, Mr. Jones completed the paved Jumbolair runway which runs north/south for his private use. It is reportedly the largest, licensed, private runway in North America. In 1989 as part of a divorce proceeding, Terri Jones took control of the Jumbolair property, helped develop the aviation community, operated a banquet hall, and a bed-and-breakfast.

In 2000, Jumbolair Aviation Estates was created as a fly-in community by dividing 190-acres on the east side into a hamlet of 38 parcels. In 2008, actor John Travolta purchased one of the Jumbolair Aviation Estate lots. Even with that publicity, today 23 of those parcels are still vacant. The Jumbolair Aviation Estates community is separate from the Jumbolair Aviation & Equestrian Estates project and is not included in these applications. In 2013, Ms. Jones sold the Jumbolair property to a businessman, who in 2021 sold it to Robert Bull and affiliated entities. This purchase by Mr. Bull included 21 of those vacant parcels located in the Jumbolair Aviation Estates.

The Owners

Robert and Debra Bull controlled companies own the multiple parcels that total 450-acres and are the subject of these applications. Mr. and Mrs. Bull created the Bull Family Foundation and the American Honor Foundation, both nonprofit 501C3 corporations. The Bull family makes gifts to the Bull Family Foundation. The Bull Family Foundation makes gifts to the American Honor Foundation. The American Honor Foundation owns and operates the aircraft. As a side note, neither foundation is registered with the Florida Department of Agriculture and Consumer Services as a charity.

The American Honor Foundation states, “Our mission is to inspire and educate future generations about American history, and the contributions of our veterans, by collecting, restoring, and preserving historical American artifacts. We aim to provide students with a unique educational opportunity to learn about war history and the importance of the blue-collar trades that helped build this country.” While the intent of the mission is praiseworthy, the flight operations to accomplish it at the subject property are inappropriate. Here’s why. 

The Aircraft

The American Honor Foundation website lists the collection of 14 vintage military aircraft to be based and operated out of the 5 existing hangars. These World War II and Vietnam-era military aircraft were designed to be used in warfare and operated out of military bases. They are some of the loudest aircraft ever produced.  The noise levels generated by these aircraft will disrupt all facets of an otherwise rural lifestyle.

Just imagine the current activity from 5 hangars multiplied by 40 times more hangars!

If Jumbolair operates like other private fly-in communities, most of the flight operations will be local circling flights within 5 miles of the airport. For the property owners within a 5-mile radius of Jumbolair, the noise from the hundreds of daily operations of vintage aircraft will greatly impact and diminish their quality of life and the value of their property.

In addition, the aircraft will require intense commercial fuel and maintenance activities. The proposed zoning application makes no provision to regulate these activities, even though the entire project is inside the Primary Springs Protection Zone.

Any proposed increase in the number of aircraft hangars and resulting flight operations should require a Special Use Permit for each and every hangar. While the County can’t regulate an aircraft once it is airborne, it can control the number of hangars and flight operations. With a Special Use Permit, the County has the power to limit the number of aircraft, the number of flight operations, the days and hours of operations, and the type of aircraft operated. This is substantiated by Policy 7.2.5: Regulation of Airports which states: The Land Development Code shall establish regulation of airports by Special Use Permit or special zoning category to allow placement of appropriate conditions to safeguard public health, welfare, and safety.

The 5 existing hangars were newly built in 2022 by Mr. Bull and allowed without a Special Use Permit as they supposedly replaced 5 small Quonset hut style hangars built by Mr. Garemore in 1980. 

The Hangars

The Jumbolair revised zoning application proposes 198 new aircraft hangars to augment 5 existing hangars for a total of 203 aircraft hangars. In addition, the separate Jumbolair Aviation Estates hamlet, which is deemed a fly-in community, is allowed 38 aircraft hangars. The 5 existing hangars were newly built in 2022 by Mr. Bull and allowed without a Special Use Permit as they supposedly replaced 5 small Quonset hut style hangars built by Mr. Garemore in 1980.  As those original hangars were built before the restriction on aviation hangars was enacted into the LDC, they were deemed a “legal non-conforming” use. The LDC states that a non-conforming use can be maintained but not expanded. With the 5 new hangars, Jumbolair significantly increased the degree of non-conformity, contrary to the LDC. Those new hangars should have each been required to obtain a Special Use Permit. The County should halt their use and require they each apply for a Special Use Permit as per the LDC.

All combined, the Jumbolair complex could total almost 250 hangars. As many of these hangars are large enough to accommodate multiple aircraft, the airport could be a base for over 300 aircraft. As a point of reference, the Ocala International Airport has 146 aircraft hangars and 200 based aircraft. With the number of aircraft and average flight operations, this would rank the private Jumbolair airport as one of the 100 busiest general aviation airports in the United States with hundreds of flight operations per day.

The Rural Area and Horse Farms

The existing runway is in a rural area and is a non-conforming use. It would never be allowed today. Any increase in the intensity of its use is contrary to the LDC and not in the public interest. The expansion of the existing Jumbolair fly-in community beyond the current size is inconsistent with the Comprehensive Plan and should be denied. The Transportation Element Objective 7.2: Consistency with the Comprehensive Plan states: Improvements to existing airports and new sites shall be consistent with the Goals, Objectives, and Policies of the Future Land Use, Conservation, and Transportation Elements of this Plan.

As an example of a violation of the Comprehensive Plan, Policy 2.1.13: Protection of Rural Neighborhoods states: Marion County shall recognize “rural neighborhoods” that occur within or outside of the UGB deserve special protection from the intrusion of urban uses, densities, and intensities where new development occurs within the immediate vicinity.

Attend the Hearing

Jumbolair Equestrian & Aviation Estates’ application to change the land use will be heard at a public hearing on February 20th, 2pm, at the McPherson Complex. 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.

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It is the vision and mission of Horse Farms Forever to inspire conservation of horse farms through education, awareness and idea exchange so as to preserve natural pasture land focusing on horses and their habitats, to protect soil and water on which they depend, and minimize land use conflicts
in Marion County, Florida.

We are watchful of government and others to preserve and protect horse farms and farmland for future generations - especially in the Farmland Preservation Area. We are neither anti-growth nor anti-development; we encourage urban growth to remain inside the Urban Growth Boundary.

Horse Farms Forever® is a Florida not-for-profit corporation registered with the Florida Department of Agriculture and Consumer Services as a charitable organization and approved as a tax-exempt 501(c)(3) corporation by the Internal Revenue Service. Horse Farms Forever® does not have a political mission. Our status as a 501(c)(3) charitable organization does not allow us to participate or intervene in political activities. The organization will neither advocate on behalf of political candidates nor advocate for the passage of legislation.

 

From Gilbert’s Hardware to Dollar General: Rural Activity Centers in the FPA

From Gilbert’s Hardware to Dollar General: Rural Activity Centers in the FPA

The Flemington Store, at the corner of W Hwy 318 and N Hwy 329, in the heart of the Farmland Preservation Area. There is now a Dollar General across the street.

Family Dollar Store to be built in the FPA

Soon there will be a new Family Dollar store in Orange Lake at the intersection of W Hwy 318 and US Hwy 441. While this intersection is one of the gateways to the Farmland Preservation Area (FPA), it is located in one of the 10 Rural Activity Centers (RAC) that are designated for this exact type of business. The property already has the correct land use/zoning and is being built by BP 5440 Micanopy, LLC and the Contineo Group. 

Marion County’s comprehensive plan allows for limited commercial and residential development in designated Rural Activity Centers (RAC) (Policy 2.1.21) The new Family Dollar store is a perfect example of what the RACs were designed for – to allow small mixed use commercial islands within the rural areas to help residents and businesses meet some of their daily needs and to reduce trips to the urban areas.

At the intersection of CR 318 and 441 in Orange Lake, all four corners have the RAC land use and it encompasses about 57 acres. In 2021, the rural community of Flemington grew with a new Dollar General store, which is located in the Flemington RAC. All four corners of the intersection of W Hwy 318 and N Hwy 329 are included in the RAC. The new Dollar General is located across the street from the old Flemington Store, which has been a part of the community for over 50 years. The new store is a little bit of a stark contrast with the old store and its white clapboard siding and rusty metal roof.

Marion County’s comprehensive plan does not include design guidelines for the 10 RACs to help protect the rural character of the FPA, but there are design guidelines for the area around the Florida Horse Park as part of the CR 475A Visual Enhancement Gateway Development Overlay. The design guidelines cover signs and include additional buffering and landscaping as well as the optional addition of a three-board fence.

While the design elements are not required for the new Family Dollar, if the company included them, it would be a symbolic statement to the community that Family Dollar supports protecting the character and culture that horses and horse farms create in the FPA.

Groceries, Gas, Baling Twine… 

Marion County’s rural area is vast. Just the Farmland Preservation Area is 193,000 acres. The RAC future land use designation allows for mixed use nodes of residential and commercial uses, including agricultural-related commercial uses. These commercial islands within the rural areas are beneficial because they help residents and businesses meet some of their daily needs and also reduce trips to the urban areas.

Some of the additional commercial uses allowed in RACs include hardware stores like Gilbert’s Hardware at the intersection of Hwy 225A and CR 326, gas stations, post offices, and grocery stores. In the Blitchton area, on US 27 near H.I.T.S. and many of the sport horse farms, there are 3 feed stores and 2 restaurants – Berrettini Feed Specialists, Larsen Hay and United Hay for horses and The Beach and Yum Yum Kitchen for riders and trainers – important services conveniently-located for hard working equestrians.

In addition to the commercial development, the RAC allows for higher density residential development. In the RAC, up to two dwelling units per acre are permitted. Even in the FPA, the residential density can be up to two dwelling units per acre inside the RAC.  Outside of the RAC, to help protect the rural character of the FPA, the zoning is one dwelling unit per 10 acres.

The development standards for RACs – the distance from the intersection, the allowed uses, the set backs and the building heights – are the same no matter where they are located, even if the RAC is located inside the Farmland Preservation Area (FPA).

For commercial uses, the floor area ratio is 35% – that means that the buildings can only occupy 35% of each parcel.

For properties that are not located in the RAC and are zoned Agriculture (A-1), landowners are permitted to set up a roadside stand to sell hay or vegetables that are grown on the same property.

The RAC Pack

There are 10 RACs dispersed throughout the FPA that average about 54 acres each. When you combine the acreage, that is about 540 acres. However, the size of any RAC can be expanded to a maximum of 96 acres, if it meets the criteria:

  • No greater than ¼ mile or 1,320 feet from the center of the intersection;
  • 85% developed; and
  • at least 5 miles from another RAC.

These 10 RACs all have a Future Land Use designation of RAC, but for some parcels, the Zoning is not RAC.

Marion County has two RAC classifications: a land use designation and a zoning classification. The Future Land Use (FLU) designation is a generalized classification and sets the development densities. The Zoning specifies which exact uses are allowed versus prohibited on that parcel. This is important to distinguish because a parcel could be designated with a FLU RAC, but have a Zoning of A-1 for agricultural use instead of commercial use. In order for the FLU RAC parcel to be used for commercial purposes, the Zoning would have to be changed. There are some “grandfathered in” exceptions for historically-zoned commercial properties with RAC Land Use that are treated as if they also have RAC Zoning.

HFF Text Amendment: A Chance to Change

If a parcel in a RAC does not have the correct zoning, then the zoning has to be changed in order for potential applicants to build a commercial or residential building. Through this zoning change process, there is an opportunity to submit public comments to the Planning & Zoning Commission and to the Board of County Commissioners because the Horse Farms Forever® Amendment enhances the definition of Rural Character and further requires that all applications for Zoning Requests and Special Use Permits “be consistent with and preserve, protect and support and enhance the rural, equestrian, and farmland character of the Farmland Preservation Area.”

As part of Horse Farms Forever’s role in protecting the character and culture of the Farmland Preservation Area, we are actively monitoring all applications that are submitted for consideration.  Watch our posts and blogs for updates and opportunities to make comment as RAC’s come up for zoning changes. Please join us as a member and support our efforts to uphold Marion County’s rural lifestyle and brand as the Horse Capital of the World®.

Click on each of the RAC’s below to see a detailed map provided courtesy of Marion County’s Interactive Map:

The maps were created using Marion County’s online map. The maps show the the size and location of parcels designated with a FLU of RAC in each of the 10 areas within the FPA. The online map viewer is not intended to be a legal document but rather for reference. We thank the County for providing this helpful resource.

1. N Hwy 329/W Hwy 318 - Flemington

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2. NW 193rd Street/N US Hwy 441 - Orange Lake

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3. W Hwy 318/N US Hwy 441

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4. W Hwy 316/NW Hwy 225 - Fairfield

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5. W Hwy 329/NW Gainesville Road - Lowell

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6. CR 326/NW Hwy 225A - Gilbert's Hardware

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7. W Hwy 326/US 27 Blitchton

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8. NW Hwy 464B/US 27 - Fellowship

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9. FL 40/NW 110th Avenue

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10. FL 40/SW 140th Avenue

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Commercial uses on World Equestrian Center (“WEC”) designated lands in the Rural Area

For land located in the Rural Area that is also part of the World Equestrian Center (WEC) Planned Unit Development, there is a different land use classification called World Equestrian Center (WEC). (Policy 2.1.28.) The WEC designation allows for commercial uses, recreational uses, residential uses, recreational vehicle parks (“RVP”) and mixed uses. Any commercial uses on World Equestrian Center (“WEC”) designated lands in the Rural Area (i.e., outside the Urban Growth Boundary) are limited to equestrian-related uses associated with the World Equestrian Center.

Examples of equestrian-related uses include polo fields, equestrian arenas, equestrian instruction facilities, veterinary clinics, farriers (non-mobile), stables and barns, and feed stores and tack shops. Any and all accessory uses to equestrian-related uses are ancillary and incidental to such equestrian related use and are located on the same lot or parcel as the principal equestrian-related use. The maximum density for residential uses within the WEC Rural Area is (1) dwelling unit per ten (10) gross acres.

Busy Shires

What About Zoning?

The Zoning regulations are found in the Land Development Code, which is a separate document with specific guidelines to implement the Goals, Objectives, and Policies of the Comprehensive Plan.

Zoning regulates development through land use classifications and specifies the areas in which residential, industrial, recreational or commercial activities may take place. The Land Development Code was adopted through a series of ordinances by the County Commission, which means that the regulations cannot be changed or waived, except by a further vote of the County Commission.

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.