601 and i call the order the august 20th 125 meeting of the local planning agency and planning commission the first order business is to um is election of officers madam chair i uh move that uh or i put in uh uh in denomination uh barry ruttenberg to be chair do we have any um do you have a second on that i second it uh do we um miss mccallister do we do the chair and vice chair at the same time or no it doesn't matter i think we vote on them separately okay so on the motion on the floor is to nominate um barry for chair of the plank mission all those in favor signify by saying aye aye all those opposed congratulations and we will switch chairs if you'd like okay oh let's just leave them there you you have the chair no you can just move the gavel that's fine oh yeah here we go i'm just move the gavel it's fine don't and then vice chair a good idea i'm gonna do vice chair first i nominate christie be vice chair oh second second thank you very much are there any other nominations good all and nobody else okay all all in favor all opposed congratulations okay we got this that would be excellent who would like to go first i'll let adrian he's more experienced hi um adrian hay santos a new member of the planning commission i'm excited to uh work with all of you on the on the commission and good to see some some new faces or new faces up here but also old faces as well so thank you so much um that's not my name and i'm not related to him oh yeah my name is hayes santos yeah no no i'm not related in any way we're we're not we're not probably not the friendliest terms over time welcome to lachow county excited to work with all of you thank you good evening i'm brent riley um new to this interested in learning um but i've been a long time elachow county resident since uh 71 so i'm very interested to see how this uh goes and plays out glad to have you both on board thank you welcome and i'm looking on the commission meeting call to order here we go vice chairman approval of the agenda mr uh chair i move uh adoption of the the agenda for 8 20 25 a second any suggestions any comments any changes all in favor aye opposed we're doing okay attorney off office polling ex parte communications has any member of the commission received any communication regarding the item on the agenda tonight no okay we're we're good there clerk swearing in for those planning to speak tonight please stand and raise your right hand thank you all right do you swear or affirm that the testimony you provide today is the truth to the best of your knowledge or belief thank you okay quasi-judicial items z25 000016 special exception community residential home request by consultant um clay swagger as agent for adriana washawn file owner i just killed that apologies i'll get better for a special exception uh to permit a community residential home on approximately three acres with an agricultural zoning district a rural agricultural land use and design design designations one dwelling unit per five acres property is located at 15182 north state road 121 that's about 10 10 12 miles north of the uh um 441 you ready to present mr chair well not that we have a large crowd tonight but there are no party requests for this particular item uh just for the so that everybody the new members know a party would be somebody who is more directly or substantially impacted by the decision of the planning commission than a general you know public member um they would have additional time to present testimony they could cross-examine witnesses do things of that nature they do have to submit ahead of time a form saying that they would like to be a party and what their impacts are we didn't receive that this time and there's no one here tonight to request that for me that should be it mr chair good evening jerry brewington senior planner alachua county department of growth management uh i have been sworn a copy of my resume is on file and for the record the clerk has been provided with proof of publication regarding this meeting uh notice of this meeting uh as it was stated we have one uh item tonight quasi-judicial this is a special exception request for a community residential home large community residential homes are defined in the uh state statute they are also defined in our unified lane development code for alachua county we mimic the state statute so that we're identical in our code a requirement is that for any community residential home large which is more than uh six uh clients in the rural ag area they are required to go through the special exception process and again that is why we are here this evening to hear this item the uh parcel is located on the west side of uh road excuse me state road 121 this is near lacrosse an aerial view of the property shows that there is an existing structure on the property this is a residential structure that presently has a community residential home if the client count is lower than six fewer than six they do not have to have a special exception but in the rural ag area if they want to expand that which is what the applicant is asking for that requires again a special exception that is indeed what the applicant is asking for and so but within the existing facility so there will not be expansion of the facility just a reworking of the interior of it to accommodate additional clients you'll see a lot of green in these slides that's because the area is rural ag this has an agriculture zoning district with a rural agriculture land use that is a land use that allows residential development at one dwelling unit per five acres all the area that you see around this is large large lot residential and farming activity again this is a rural area where this property is located along 121 again as i've already noted the proposed site contains a community residential home what we would define as small in our code that is because it has fewer than seven residents the request is for a community residential home large and the applicant intends to renovate the existing structure to accommodate these additional clients there are specific criteria in our code for a special exception for our community residential home and specifically that is section 404.29 of our unified land development code so again there are criteria within the code which you will see in your staff report which the client will be required to meet if the special exception is approved some analysis of the which is in more detail again in your comprehensive plan in your code regarding the comprehensive plan in your staff report i should say this proposed special exception will not cause level of service standards located in the future land use element of the plan to fall below adopted levels it's not going to cause any of these level of service standards as identified in the plan to be to exceed them it is in a rural ag area it will have well and septic as found on the site and other levels of service schools waste solid waste will not be exceeded by this request if you also find in your staff report that the proposal is consistent with policy 7.1.2 of our future land use element which does state the proposed changes in the zoning map shall consider consistency with the plan impacts to public facilities and relationships to the surrounding development staff analysis has found that the proposed special exception will not negatively impact public facilities it is consistent with the development patterns in the immediate area again it is going to be located in an existing residence that is already there and it is consistent with the policies goals and objectives of our comprehensive plan as far as our code goes our unified land development code provides criteria for approval of a special exception this is specifically policy 4 or section 402.113 these include such factors as consistency with the plan compatibility with surrounding uses as well as the health safety and welfare of the public in general this section of the code also considers factors such as ingress egress is there a way to get on and off the property is there availability of off street parking will it generate noise and odors is there availability of utilities is there screening and buffering as required by our code signs impacts to public roads as well as environmental justice issues and in each case as you can see in your staff report they will meet all of these criteria none of these will be exceeded or violated by the request being approved and again as i stated earlier section 404.29 provides specific requirements for community residential homes large and they will be required the applicant will be required to meet these as part of any development review or site plan review for the property they again are expanding an existing residence a picture of the existing residence is there that's it there's a large fence backyard area it's in a rural ag area again off uh state road 121 that will remain again it's just being modified on the interior there are two proposed conditions one of which is simply that this is for a community residential home large at this location and parcel number and number two that the maximum number of residents on the site shall not exceed 14. and uh in discussing with mr swiger that is more than sufficient for the applicant's needs with that mr chair staff recommends that the planning commission find the proposed special exception request consistent with both the alachel county comprehensive plan and our uldc and that the uh planning commission recommend that the board adopt the resolution approving this request uh mr swiger is here to answer any specific questions i'm here to answer staff questions as is mr dawson and that concludes staff presentation unless there's any questions from the board question yes sir uh thank you mr chair um i have a question about the uh the size of the lot would you agree that this is a non-conforming lot of record since it's less than five acres mr chair conforming lots actually the minimum lot size and ag is now three acres the density is one dwelling unit per five but the minimum lot size and ag is actually three acres now well now excuse me doesn't the uh zoning have to be in conformance with the uh with the you with the uh comprehensive plan and the comprehensive plan says that the density is one unit per five acres the density mr chair is indeed one unit per five acres but that doesn't say anything about lot size in other words just as an example if you have a 10 acre lot you can have a five acre and a five acre a four acre and a six acre a three and a seven the density is still one per five but the lot size itself can go down to three so having a lot that is three acres doesn't necessarily mean that it's non-conforming it also can be that the lot was created under item l through a lot split or other method that was legal at the time that the lot was created but the minimum lot size in ag is now three acres it has nothing to do with density it has to do with lot size well now is this something from our uh administration in tallahassee or is it something that the board of county commissioners this is created in our code if you look at the ag requirements in the uldc it's in the uldc section 403 the minimum lot size in ag if you go in 403 is three acres now how long has that been in existence uh the minimum lot size has been and this is a um i i want to say a guess but uh i'm trying to remember the date but probably about three four four four years maybe a little bit longer i forget which code update changed the minimum lot size i would have to look at the actual citation and see when the ordinance was passed mr burlington is there uh something in writing which uh says that the uh that you go with the density as enunciated in the zoning rather than conform with what one would think would be the density as permitted by the comprehensive plan mr chair yes um in our land development regulations the maximum residential density of the a zoning district is one unit per five acres this is in table 403041 the minimum lot area for a lot in the ag zoning district is three acres that's consistent with our comprehensive plan well now does that mean that in essence overall the even though the density cannot exceed one unit per five five acres that taken in toto for whatever area that you can still have uh lots which are less than five acres as long as the average is five acres for the entire county or for the entire sector mr chair the way that we evaluate that is when a lot is created so whether that's through a subdivision or a lot split um and the density is evaluated based on that parent parcel at the time that the subdivision or lot split happens it's not based on the entirety of the agricultural zoning district in alachua county okay mr chair if i could ask another question then um this lot is has been a lot of record for how long and is it a part of a some type of a subdivision i don't think it is there's a street next to it third street i think i didn't see that joe passed it today oh yeah oh i know that no what you're talking about is no i what i'm saying is how long has this lot been sitting there uh because i've been in situations where someone has gone out and uh in in this in other counties and the county people don't know what they're doing and they allow for the plaiting of a lot which is less than what is permitted by the what the comprehensive plan says now here we don't have a minimum lot size supposedly for the comprehensive plan it's permitted or it's go ahead i've got different questions than what you have um i'm more concerned with things that probably not be relevant but someone is scoping out the size of the um the septic tank and the drain field when you're going from seven to 14 people you know i i thought that was yeah that that would come back to hurt you in in wet times and so that was one of those things i was and i assumed that's part of the process and that's my question mr chair this it's not part of this process the septic field and well are permitted by the department of environmental health and so at the time any changes or permitting might require a reassessment of the capacity or the carrying capacity of that septic system by the department of environmental health in which case they would come out and do an inspection and ensure that if it's not going to meet capacity requirements that they would require an upgrade to the system in large drain field or field maybe the whole tank needs to be replaced but that would be something that the department of environmental health would handle okay are there other questions sam did you want to go back to yours uh could i because it it i'm i'm con i'm concerned that what we may have is that if for instance on 121 on the west side of the road and if we come back with three acre lots going just lining 121 isn't that going against what the comprehensive plan is saying and that the entire intensity for that area should be only one unit per five acres the density mr chair is one thing this lot size is another in other words let's say there were five ten acre lots yeah you could split those lots into five and five and in other words you could get 10 lots if you did a split and you did that and maintain the density of one dwelling unit per five acres whether they're three acres or seven acres or four and six the impact is still the same it's the same number of residential units i understand that mr burrington but the issue here is that's where you do have control because what you're saying is if we have a development with 10 10 acre lots and we start splitting them two and two and eight and three and seven and we go down here we still don't come out with more than uh in that how many acres would it be it'd be a hundred acres and you would have you'd still have 20 dwelling units still the same number of units i agree with you but what i'm saying is what happens if we go along and we find that people come in separately and they begin to put in three acre lots and we've got 23 acre lots uh hitting or fronting 121 here what you're saying is you can do it as long as the density for the entire area is no more not for the entire area for the lot by itself okay well then but what you're doing is your if you had 10 three acre lots you'd have 30 acres you're supposedly only able to have supposedly only able to have six units according to the comprehensive plan mr chair hi yes in the department we spend i will say an inordinate amount of time tracking lots of record and parent parcels to ensure that when splits or subdivisions happen that we're complying with both the comprehensive plan and the lend development regulations and you feel you're i i just look back at the history of this parcel it was created in 2015 it was created by a lot split which is allowed and the remainder of the parcel the area from which it was created met the density of one dwelling unit per five acres even though this lot is only three acres the subject petition is about a community residential home on a single existing parcel we're not really discussing subdivision regulations the comprehensive plan future land use designation or it's implementing zoning district we're talking about a special exception for a community residential home this is a legal lot it was created legally the county knows it was created legally we allowed a single family residence to be constructed and the applicant is requesting a special exception for a community residential home large and that's what the planning commission is considering this evening mr chairman if i might the planning director brings up a very good point however where the split came on the lot was that was that lot a full 10 acres that split or was the second lot that was that was created by the lot split was that less than seven acres do i understand that it was if you had 10 acres you could do a three and a seven mr chair the remaining parcel is a little over 10 acres okay so the total was 13 at the time now is there anything which prohibits someone from coming in and yes mr chair our subdivision regulations would not allow an additional split of that um 10 acre parcel okay you do have that that you can only have one split that's correct okay we're ready to move on let's go yes ma'am doesn't it feel good to be able to ask any question you want um so the um agricultural exception is by limited use in the small group size but it's by special exception in the large groups um the um mr chair the the community residential there's two to define this community residential home small which is fewer than seven up to six which does not require a special exception then there is only in the ag zoning district you can go between seven and in this case we're limiting it to 14 um by special exception only so i understand so i have in front of me because i was curious what's the difference um i can see that how you know removing some of the residential from um the larger or the community residential home large um um allowance because of because it didn't you know the number of people but why why is agriculture agriculture separated out and require special exception because they are um the way well part of it mr chair that's an excellent question part of it has to do with the way the state like i said we're mimicking uh section i'd have to find the section in in a state statute where they define them the exact same way that we do in other words we were trying not to be inconsistent when we did these particular types of homes by looking in that section of state statute we said that's what they're doing we did it and we did it here um the the ag zoning was established as the most appropriate place to do a particular home of that size as opposed to a residential district let's say r1a simply because um with these being uh particular clients that may not have cars or anything there may be coming and going in other words it was not felt that a community residential home of that size was appropriate in a subdivision right or in the urban cluster that they were more appropriate given the size and given the traffic and and give caregivers um whatever is required for the clients would be more appropriately addressed and and this is a perfect spot just it's on 121 the the increase in traffic if any from it being community residential home large um would not be i want to say noticeable but it would not impact the level of service or do anything else in other words a neighbor might not even know that they're going to be changing this if it weren't for the sign in front of it so i believe that that is the reason just the increase in traffic was more appropriately handled in the rural ag area it just might be um if there's not like it might be an area where the uldc could be cleaned up a bit um the agricultural like use it by limited use instead of special exception and and mr chair we are constantly upgrading we're we're doing it so we we always have a a honey-do list in our uldc of things to do i'm not complaining i'm just yeah no no thank you i appreciate it you good yes okay so one of the things that i does anybody else want to speak before i go okay so one of the things that i'm concerned with is mostly my mother had alzheimer's for 14 years and there was a do not resuscitate and it was ignored by a very structured place and so she got an extra three four years that was not good um and one of the things i'm concerned with and it's just i think about for something later is i don't it's not part of this decision but when you go from i don't know the soils and i notice it looked like it could be sloping back and so it's the builder in me and i think that somehow if you go from seven to 14 people you may need to have something different in your um in your in your septic tank you may need to have an extension on it or something else but that's not here that would be just good common sense to think about that and that's where i was coming from and i i i drove out to the site and took a look at it and yeah but i did not have i did not go on on the property because i didn't have any permission and that i didn't think that would be appropriate but i wanted to see the overall um are there other comments are we coming to a conclusion are we ready well yes mr chair if i may i mean i agree with you concerning the uh the intensity and i i do have a question i don't know if mr brewington can answer it or if we need the applicant to record to answer it but uh we're going to have a total of how many residents and how many staff on the largest shift um oh i can't answer the staff part i can say that the resident uh maximum is 14. i assume these are again residential homes so there's 14 up to 14 people residing in the home so but with staff it depends i would think on the client and the client i would say client base the client needs um because there is a wide range of client needs for um different type different populations i uh mr swagger may be able to give you better uh understanding of the miss filers particular uh client base that she serves with this particular home i can't answer that particular question i can just say that it's just the the number of total number of people that will occupy the uh uh the facility during the the normal day clients not not clients but clients and staff mr chair i can't i we can't put a limit on we don't know what the client needs are going to be they may need 10 they may need three i don't know but did you discuss that with us with the applicant uh mr chair i did not because we were not leaving that up to the applicant to determine their needs based on their client base we only limit the number and again this is state statute they do not speak to number of people in the building they speak to number of clients that are housed but so we're doing 14. putting my home builder hat on i will tell you that if it's overloaded it will speak for itself you know the system will speak for itself it will not and people will there will be some things my son's first daycare um was in a mobile home park and i don't know how many kids were in that mobile home but but mrs hammock did a hell of a good job and everybody survived and came through um but the i leave that to the health department or whatever else you can think about in the future but i can tell you that septic tanks especially in wet weather you can't they speak for themselves and that's enough mr chair yes ma'am it is all right with you i will move that we approve application z25-000016 i second that motion okay so we have multiple seconds uh and does that include staff's conditions yes thank you okay are we all good okay you're not heard from the applicant do you want to say anything sometimes not safer thank you for your consideration tonight i appreciate the discussion as the chair mentioned if this is approved and goes to county commission a building permit process would have to be implemented which should include a review by the health department of the septic system my understanding is there'll be one to two staff members on site at any given time this is already a a small community residential home and is licensed through the state so this would just allow a few more residents a maximum of 14 just per florida statutes no other changes to the site are proposed and there were no issues with neighbors or any other community input so thank you all thank you okay are we ready to vote yes all in favor what public comment what public we we should ask at least anyway okay i'm just looking out here and counting kids i know everybody any public comment anybody ready to run in okay waiting outside okay we're good what else all all in favor aye opposed okay so now we go back to the remainder of it thank you very much um we are going to go to the approval of the minutes mr chair i move minutes of uh planning commission meeting of july 2005. mr chair i second it any any comments any any corrections all in favor opposed attendance report please okay what comments mr chair i don't have a public comment but i did just want to let you know that next month the planning commission meeting will be on september 10th which is a week early the planning conference is the week of the 17th and most of our planners will be out of town attending that so planning commission meeting will be moved to the 10th we do have at least one item on that agenda and possibly more which is what um it is a um an application for a special exception for clay electric okay mr chair yes ma'am i want to note the 10th of september is going to be bad for me i'll be on vacation i've been back on time for meeting regular but i just heard that today so how many people how many people may have a conflict on the 10th can you take a couple minutes and look at your calendar like i'll do the same 6 p.m 6 p.m yes well that's if nobody else is saying anything i'm not going to say anything okay that's that's that speaks enough um public comments i know we've done that it's still here on the agenda planning commission comments mr chair just i'm welcome to our to the new members of the commission thank you same here you know what i wonder if we shouldn't introduce ourselves because when i came on i didn't know who was who except for barry and and jim and i you know i still don't know go ahead well i'm sam much and i've been on for one year and i've uh been a planner and uh said land use attorney for uh 50 years city of gainesville yeah well i actually i actually did the uh first uh land use plan for alachua county under uh al lewis in 1974-75 good can we have more of this uh my name is jancy vinson and i've been on the planning board now for three years name's gaylene mccaslin i i guess i was the newest member until you guys came up i've been a resident of gainesville for 25 years florida grad i've been an employee of uf health for the past 15 years background is project management and i've worked on a variety of special projects for both uf and uf health more recently the development of the east side urgent care and i've learned a lot in the last less than a year i've been on the board maybe eight months welcome thank you all right go on down i think i'm kristen young i'm in my second term on the planning commission i think it's around six years um i think i was on 2019 so yes you do um i'm a executive director of a charitable foundation which one um we can talk about that off the record silence anybody else want to venture forward i'll go i'll go forward um i'm barry ruttenberg i've been a home builder in alachua county since 73 and um work in other parts of the um um our family um works in about 10 states and i have gone to um emeritus status from being active but i was in st pete last night um company business yes so but it's it's still it's still good um and my younger brother um has taken over okay i'm adrian san jones i grew up in gainesville um and uh i served on the gainesville city commission for two terms um i um i'm a certified planner as well and i work in uh kind of consulting in that area um i also serve on the currently on the airport authority and on the mtpo as well i'm sorry you don't have anything to do that's that's very good very good well just i will speak so brent riley um i've been a real estate broker uh here in town for 35 years um grew up here in gainesville went to santa fe and uf got a couple kids at uf right now um so just love being here in gainesville and and being part of this you know group thank you and i think one thing i should add my building company in gainesville has been owned by my daughter since 2013 because when i went up the ladder it still has my name on it but it's her show absolutely okay are we all good thank you for everybody