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Approved Apr 12, 2012 - Zoning Board Minutes

Zoning Board
April 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, Rob Williamson, Lonnie Hawkins, Paul Carney, David Powell, Bill Seelman, Alan Isaacson, and ex-officio member Randy Roy (NAS Whiting Field).  Leslie Statler, Planner III, Kelly Hobbs, Planner II, Paul Miller, Planner III, and Beckie Cato, Planning and Zoning Director, represented the Planning and Zoning Department.  All those in attendance joined in the pledge of allegiance to the flag. 
The first item of business was the review of the minutes from the March 1, 2012, Zoning Board Workshop and the March 8, 2012, Zoning Board Meeting.
Waite moved approval without objection of the minutes from the March 1, 2012 and March 8, 2012 meetings.                 

New Business:

1. 2012-V-015 
 Project/Applicant: Dana & Amy Dice
 Location: 5988 Willard Norris Road, Milton
 Parcel(s): 29-2N-28-0000-03200-0000
 Zoned: RR1 (Rural Residential Subdivision)
 Request: Variance to increase the maximum allowable fence height within a residential district from 6 feet to 8 feet along the side and rear property lines and to increase the maximum allowable fence height within a front setback from  5 feet to 8 feet  to accommodate a wire mesh game fence (LDC 6.04.16.A & C, 7.01.10.A &D)
 District: Commissioner District #3
  
Dana Dice said he is requesting to increase the fence height to allow him to better contain his animals. Waite asked how long the fence has been on the property. Dice said since 2010.

Norma Williamson said this fence abuts her property. She spoke in opposition to this request.

Carney said this variance covers a larger area than what is normally approved for a variance.  He said he does not support this variance. Waite said the Land Development Code (LDC) states livestock should not be kept in any recorded subdivision located in a residentially zoned district. He said the only thing seen from the road is the gate. Waite said this request is consistent with the area.  

Seelman moved approval of the request. Dubois seconded, and the motion passed by majority vote with Seelman, Dubois, Isaacson, Powell, Waite and Merrill in favor. Hawkins, Carney, and Williamson opposed.
  
2. 2012-V-016 
 Project/Applicant: Lisa Greaux
 Location: 5562 Meadow Creek Place, Gulf Breeze
 Parcel(s): 19-2S-27-4938-00A00-0980
 Zoned: R2 (Medium Density Residential)
 Request: Variance to reduce the corner side pool setback from 19 feet to 8.6 feet and the rear pool setback from 9 feet to 6.3 feet (LDC 2.10.B.5 & 2.10.04.C)
 District: Commissioner District # 5
  
  Lisa Greaux said her pool contractor dug the hole in the wrong area of her yard. She said rain is washing away surrounding dirt. Greaux said this is creating a safety hazard for her family and needs to be fixed quickly. Carney asked if the contractor measured in error. Greaux said yes. 

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

3. 2012-R-005 
 Applicant: Adams Homes of Northwest Florida, Inc.
 Agent: Roy Andrews, Lindsay & Andrews
 Parcel(s): 30-2S-28-0000-00900-0000
 Location: Grand Ridge Circle, Gulf Breeze
 Existing Zone: HCD (Highway Commercial Development)
 Requested Zone: R1A (Single Family Residential)
 Current FLU: Commercial
 Proposed FLU: Medium Density Residential
 Area size: 2.705 +/-
 District: Commissioner District # 5
  
 2012-V-017 
 Project/Applicant: Adams Homes of Northwest Florida, Inc.
 Location: Grand Ridge Circle, Gulf Breeze
 Parcel(s): 30-2S-28-0000-00900-0000
 Zoned: HCD (Highway Commercial Development)
 Request: Variance to allow a 6’ wooden privacy fence along the north property line adjacent to the commercial uses in lieu of any other buffer options (LDC 7.01.05.F & G)
 District: Commissioner District # 5
  
Roy Andrews said HCD zoning land uses are not appropriate for this property. He said residential usage is the best plan for this property. Andrews said he has a preliminary subdivision plat for this property. He said this property will be buffered from the adjacent commercial property. Hawkins asked how long until development begins. Andrews said development will begin soon.

Andrews said his client is asking for a variance to install a wooden privacy fence buffer instead of a concrete buffer.

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

Hawkins moved approval of the variance request. Williamson seconded, and the motion passed by majority vote with Hawkins, Williamson, Seelman, Powell, Waite, Carney, and Merrill in favor. Dubois, and Isaacson opposed. 
  
4. 2012-R-008 
 Applicant: Stanley Wilburn
 Agent: n/a
 Parcel(s): 09-1N-27-0000-00806-0000
 Location: 8895 S. Lynn Road, Milton
 Existing Zone: AG (Agriculture)
 Requested Zone: HCD (Highway Commercial Development)
 Current FLU: Agriculture
 Proposed FLU: Commercial
 Area size: 2.0 (+/-)
 District: Commissioner District # 2
  
 2012-CU-006 
 Applicant: Stanley Wilburn
 Agent: n/a
 Parcel(s): 09-1N-27-0000-00806-0000
 Location: 8895 S. Lynn Road, Milton
 Proposed Zone: HCD (Highway Commercial Development)
 Request: Conditional Use to allow a sign manufacturing business(limited manufacturing & assembly) to be located within an HCD (Highway Commercial Development) zoning district (LDC 6.09.02.Y)
 District: Commissioner District # 2
  
 2012-V-018 
 Applicant: Stanley Wilburn
 Agent: n/a
 Parcel(s): 09-1N-27-0000-00806-0000
 Location: 8895 S. Lynn Road, Milton
 Proposed Zone: HCD (Highway Commercial Development)
 Request: Variance to allow the outside storage of materials (LDC 6.09.02.Y.1.g & 7.01.12.A)
  
  There was no one in attendance to represent the applicant.

Williamson asked which zoning district allows for a sign manufacturing business. Statler said industrial. She said the requested zoning seemed more compatible for this request.

John Harris said his family owns most of the property adjacent to the subject property. He said his only concern is disposal of hazardous materials.

Roy said NOLF Santa Rosa is immediately to the right of this property. He said this airport is used for night vision training and the applicant should be aware of lighting restrictions.

Dubois said he would like to table this item until the board can hear from the applicant.

Dubois moved approval without objection to table this request until the May 10, 2012 meeting.

5. 2012-R-009 
 Applicant: BJL Sources, Inc.
 Agent: Fred Cotton
 Parcel(s): 39-1S-27-0000-02316-0000
 Location: 4458 Highway 87 South, Navarre
 Existing Zone: AG (Agriculture)
 Requested Zone: HCD (Highway Commercial Development)
 Current FLU: Agriculture
 Proposed FLU: Commercial
 Area size: .805 (+/-)
 District: Commissioner District # 4
  
  Cotton said this property is a small HCD lot. He said the reason for this request is to enhance the property adjacent to the subject property. Dubois asked if this will be adding size to the property immediately to the south. Cotton said yes.

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

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

Amending an ordinance relating to Santa Rosa County, Florida; amending ordinance 91-24 as amended; amending article 6.05.25 (Fairpoint Regional Utility System Wellfield Protection Area Overlay District) as shown in the attached map; providing for changes to the district name and the district boundaries; defining allowable, restricted, and prohibited uses and adding performance standards for those uses; providing for codification; providing for severability, and providing for an effective date. 

Waite said this item was addressed at a workshop on March 1st. He said staff has met with the citizen workgroup and they have compiled a draft ordinance. Cato said a public hearing for this item is scheduled for next month’s Zoning Board meeting. She said this draft is based on recommendations from the consultant, the workgroup, and staff. Waite said there is a position statement from Midway Water Systems Board of Directors in each board members packet. Cato said the East Milton Water Board is meeting this evening and will provide the board a position statement. Waite said other utilities will be submitting position statements. 

Roy Andrews said he has not received any information except the draft ordinance. He said he would like to receive all of the information available on this proposal.

Wallis Mahute said the work group decided large quantity generators should not be allowed within in the well field protection area.

Holly Kimberl said there are things that were struck out of the ordinance that need to be added. She said the ordinance states the Planning Director’s designee can review the report and determine whether the proposed activity can be conducted without degrading water. Kimberl said she felt there should be more transparency. 

Henrietta Lawlor discussed several changes she felt should be made to the ordinance. She said she submitted these changes to staff.

Bobby Cooley, Midway Water System, said no facility will be permitted by DEP (Department of Environmental Protection) if it will be discharging into a body of water. He said the main concern with a waste water treatment plant is nitrogen or phosphorus contamination.

Mahute said she would like to request a 5,000 foot setback from a well for underground storage tanks. She said a 5,000 foot buffer will allow more time to stop contamination.

Frances Dunham said she is pleased the Board is adding East Milton to the well field protection area. She said she is pleased to see landfills excluded from this zone. Dunham said those are the only changes to the ordinance she agrees with.

Planning Department Matters:  

 Review of March 22, 2012, BOCC meeting results:
     1. Conditional Use 2012-CU-005:
 Statler said this request was approved by the Board of County Commissioners as  recommended by the Zoning Board. 
 2. Rezoning 2012-R-006:
 Statler said this request was approved by the Board of County Commissioners as  recommended by the Zoning Board.
 3. Rezoning 2012-R-007:
 Statler said this request was withdrawn by the applicant.

Next Meeting:
The next Zoning Board meeting will be held on Thursday, May 10, 2012.

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