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.

Dizney Double Diamond Development

Dizney Double Diamond Development

Dizney Double Diamond Development

The Horse Farms Forever watchdogs have been alerted to a potential threat to the Farmland Preservation Area. It is our understanding that the Dizney Double Diamond organization is in discussions with the County to develop portions of their Double Diamond Farm bordering on Highway 40, and especially at the intersection with SE 80th Ave.

The Dizney family, headed by patriarch Donald R. Dizney, the founder of United Medical Corporation, are longtime owners of the Double Diamond Farm in northwest Ocala. The original farm was acquired in the early 1980’s and today totals over 500 acres on about 20 parcels. Mr. Dizney and Double Diamond Farm are well-known and highly regarded in the thoroughbred horse community. https://www.doublediamondfarm.com/

While the overwhelming majority of the Double Diamond Farm is inside the Farmland Preservation Area with Future Land Use of Rural and Zoning of Agricultural, there is one 31.78-acre parcel (21084-000-00) at the corner of Highway 40 and SW 80th Ave that has split Future Land Use and Zoning. Linked are a group of maps to help better visualize the parcel.

Dizney Double Diamond LLC owns a 31.78-acre parcel (21084-000-00) at the corner of Highway 40 and SW 80th Ave that has unusual split Future Land Use and Zoning. On that specific 31.78-acre parcel, 19.5-acres is within the Urban Growth Boundary, has a Future Land Use of Commercial and a Zoning classification of Community Business. Thus, the 19.5-acres can be commercially developed under its current Land Use, Zoning and Boundary.

  • On this unique parcel, a 19.5-acre portion is inside the Urban Growth Boundary and the remaining 12.28-acres are inside the Farmland Preservation Area

  • The 19.5-acre portion of the parcel has a Future Land Use of Commercial while the remaining 12.28-acres has a Future Land Use of Rural.

  • The 19.5 -acre portion of the parcel has a Zoning Classification of Community Business (B-2) classification, which is intended to provide for the shopping and limited-service needs of several neighborhoods, a community, or a substantial land area. The remaining 12.29-acre portion of the parcel has a Zoning Classification of Agricultural.

In addition, Dizney Double Diamond owns 2 parcels to the west of this unique parcel. While these 2 parcels have Future Land Use of Rural, a portion of each parcel has legacy Zoning of Community Business B-2. There are hundreds of parcels in the county with a Future Land Use of Rural and legacy zoning of Community Business B-2. The county labels these parcels as inconsistent. This inconsistency dates back decades when the Comprehensive Plan was first implemented. The Board of County Commissioners has been dealing with the inconsistent land use and zoning on these legacy parcels on a case-by-case basis.

It is our understanding that the Dizney Double Diamond organization is in discussions with the County to develop portions of their farm bordering on Highway 40 into commercial development. If this is correct, and this effort would expand beyond the 19.5-acre portion of the parcel at the corner of Highway 40 and SW 80th Ave, then an application for a Future Land Use change and Zoning change would be required. As with most large commercial developments, this often involves a Planned Unit Development application and Master Plan.

Horse Farms Forever will continue to monitor this activity closely. As part of that monitoring, we have made a public records request from the county to get facts ahead of any potential application to allow time to review and understand a plan.

Jumbolair Update

Jumbolair Update

Jumbolair Hangar Update

The Horse Farms Forever watchdogs have been alerted to a change in the status of the County’s moratorium on building new hangars at private airports, specifically at the Jumbolair airport. The County Attorney has issued an opinion that the right to construct 22 hangars on the historical Jumbolair Greystone Airport parcel 14105-000-00 was “grandfathered in” and not subject to the moratorium.

A small portion of the parcel where the 22 hangars are located is within the boundaries of the Farmland Preservation Area. The airport predates the designation of the Farmland Preservation Area, therefore it is not subject to the Farmland Preservation Area guidelines in the Comprehensive Plan.

Jumbolair submitted a Major Site Plan to the County’s Development Review Committee (DRC) meeting held on Monday, February 17 to request waivers regarding shade trees, buffers, and building landscaping. All three waivers were approved by the DRC.

Horse Farms Forever constantly monitors development activity in the County. As part of that monitoring, we made multiple public records requests from the County to get facts ahead of any application to allow time to review and better understand any plan. Here’s a chronology of what we learned.

The Recent Updates

On March 1, 2024, County Growth Services Director Chuck Varadin informed the engineering company representing Jumbolair of the following determination regarding the request to build more hangars at the Jumbolair airport. “Therefore, for the reasons previously noted, these hangars are not a permitted use on the suggested property at this time.

On May 22, 2024, Jumbolair attorney Robert Batsel wrote a lengthy response that contained the following paragraph. “Following our voluntary withdrawal of pending applications and in preparation for resubmittal, the Bulls plan to construct hangars adjacent to the Airport. Prior to our meeting in March, we submitted a draft site plan proposing 94 new hangars with specifications including sixty 60’ x 60’ hangars, thirty 70’ x 70’ hangars, and five 100’ x 120’ hangars (to complement the existing five 100’ x 120’ hangars that were previously permitted and constructed). Eventually, the hangar complex will constitute a portion of the forthcoming PUD and serve the community. Following our meeting and in response to your feedback, we have significantly reduced the size and scope of the initial site plan, which we will submit shortly. The plan will be limited to 22 hangars located on Marion County Parcel ID No. 14105-000-00, which is within the original licensed Airport adjacent to the original grass runway.

On August 12, 2024, County Growth Services Director Chuck Varadin informed Mr. Batsel of the following determination regarding the request to build more hangars at the Jumbolair airport. “Therefore, the proposed hangars may be developed on the noted property subject to pursuing either Option 1 by obtaining a policy 1.20 letter (i.e., a “letter of conformity” under Policy 10.1.5) that clearly delineates what was previously approved by the FDOT and the commercial use(s) as of April 7, 1994, or pursuing Option 2 by seeking a new SUP. (Note that Sec. 4.3.14(B) of the LDC outlines the additional materials2 needed for Growth Services to determine the eligibility to obtain an approved policy 1.20 letter.) Subject to obtaining an affirmative outcome under option one or option two, the development of the hangars will still be subject to Development Review approval for an applicable Major Site Plan.”

On December 12, 2024, County Attorney Matthew G. Minter reached the following conclusion after a legal analysis. “In consideration of the foregoing, I conclude that the Site Approval and Registration by FDOT of the Airport includes the right of the Airport owner to construct hangars within the Airport site. No other zoning or land use approvals from the County are necessary for the construction of these hangars. The Airport Registration does not exempt airport development from all County regulations, including those related to the building code; fire code, stormwater regulations, set-backs and building height restrictions. Therefore, I conclude that the application for site plan approval and building permits will go through the DRC review in the same manner as the five replacement hangars referenced above, in 2023.”

On December 12, 2024, County Growth Services Director Chuck Varadin informed Mr. Batsel and additional legal counsel for Jumbolair of the County Attorney’s conclusion as follows. “This letter revises my prior letter dated August 12, 2024 (hereafter, “prior letter”). The revision is based on the County Attorney’s memo (dated December 12, 2024) regarding the application (AR #32136) to construct 22 new hangars at Jumbolair-Greystone Airport (hereafter, “Airport”), further research, and revisiting the historical documents of the Airport (enclosures 3 and 4). Therefore, I agree with the County Attorney’s conclusion “that the Site Approval and Registration by the FDOT of the Airport includes the right of the Airport to construct hangars within the Airport site.” It should be noted that this interpretation only applies to this airport based on its original development and its unique circumstances. It should not be interpreted as applying to all private airports in the County.”

Don’t Piggyback the RAC!

Don’t Piggyback the RAC!

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 24 acres 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 24 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 and a date certain for the Planning and Zoning meeting has been set for April 28, 2025.

 

Join our efforts to protect the Farmland Preservation Area!

Photo of the current Notice on the property.

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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.

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