Local

NEWBERRY ‒ On Oct. 24 the Newberry Board of Adjustment considered and approved three issues in quasi-judicial public hearings.

A Special Exception for a Small-Scale Rural Subdivision for the Lakota development was unanimously approved. The 45.53 +/- acre site located at 17512 S.W. 15^th Avenue, northwest of the intersection of Southwest 15^th Avenue and Southwest 170^th Street, is in the Agricultural (A) zoning district.

Small-Scale Rural Subdivisions permit the subdivision of land at a density of one dwelling unit per two acres, greater than the standard one dwelling per five acres allowed in the Agricultural zoning classification.

The property owner proposes 15 lots of an average density of one unit per three acres and lots ranging from two to four acres. Access is provided on Southwest 15^th Avenue and the privately-owned access driveway will be built to City standards. Perpetual maintenance of this access driveway will be the responsibility of the Lakota Subdivision homeowner’s association (HOA).

A platted 50-foot undisturbed buffer exists along the southern plat limit abutting Southwest 15^th Avenue and a 25-foot perimeter undisturbed buffer is provided along the remaining plat limits. The property owner is voluntarily providing a 40-foot undisturbed buffer along the western plat limits encumbering Lots Five – Eight, which has been made a condition of approval for the companion Preliminary Plat petition (SD 22-04) at the request of the owner.

The property will be serviced by Clay Electric and potable and wastewater services will be provided on-site through well and septic systems.

North of the Lakota property is the recently approved Barrington subdivision. While Barrington also provides for lot sizes less than that permitted by the Agricultural (A) zoning district, it was approved prior to the City’s adoption and implementation of the Small-Scale Rural Subdivision regulations. Barrington cannot be considered a Small-Scale Rural Subdivision under the rules by which it was approved. As required by the Land Development Regulations, a HOA will be established.

In a separate matter, a petition for a variance to allow a pool in the side yard of a property within the Newberry Place Planned Residential Development was also approved in a 3 – 1 vote with Board Member Monty Farnsworth casting the dissenting vote.

Property owner Wilfredo Gonzalez Valentin requested a variance to “Accessory uses and structures” of the City’s ordinances to allow an in-ground pool in the side yard of a developed single-family lot. The property is located at 649 S.W. 242^nd Terrace in a Planned Residential Development zoning district and has a future land use designation of Residential Low Density of four dwelling units per acre.

The property is Lot 87, which is located on the corner of Southwest 6^th Place and Southwest 242^nd Terrace. This street corner incorporates a cul-de-sac-like turnaround into the design of the street corner. Due to the location of Lot 87 and the design of the street corner, the lot’s corners are not right-angles or comparable to a typical interior lot within the same subdivision. When considering lot shape, typical house size and the required 20-foot front yard and 15-foot rear yard setbacks, the footprint of the home fills the buildable area of the lot and does not leave sufficient room in the rear yard for a pool. The owner is requesting a variance to place an in-ground pool within the side yard.

“The owner has demonstrated a unique hardship that is not self-imposed,” said Planning and Economic Development Director Bryan Thomas. “Pools are an amenity commonly enjoyed by other residents within the same subdivision. However, a majority of the pools are located on interior lots with right-angled corners and sufficient rear yards,” said Thomas. Thomas said that granting this variance would not negatively impact the public health, safety or welfare.

A third petition was also a variance request related to pool construction. The petition was by property owners Jacob D. and Gilberto M. Gonzalez-Welker for a variance to allow an eight-foot encroachment into the required 10-foot rear yard setback. This property is located at 24647 S.W. 21^st Circle, Lot 128 in CountryWay at Newberry, Phase 3, on the interior of the arc of Southwest 21^st Circle. The site-built home is of a common size within the subdivision and has a covered porch in the rear yard. Due to the lot being located on the southern interior arc of the bend of Southwest 21 Circle, the lot has an unusually large street frontage and a significant portion of the lot is dedicated to the front yard setback. The atypical lot shape required the developer to place the building footprint further into the rear corner of the lot. The lot is pie-shaped and encumbered by a 20-foot front yard setback. While it was always the intent of the owner to construct a pool, the form boards for the foundation were placed too close to the rear yard. This error did not leave sufficient area to place a pool in the rear yard.

“When also considering the lot shape, depth and location, standard size of the home and the required 20-foot front yard and 10-foot rear yard setbacks, the owners adequately demonstrate a hardship that was not self-imposed,” said Newberry Principal Planner Jean-Paul Perez. “Furthermore, pools are an amenity commonly enjoyed by other residents of the neighborhood.”

This item was unanimously approved with the setback at five feet from the fence line for the pool water edge, not including the decking.

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ALACHUA ‒ Kobe Deon Delima, 20, of Newberry, was arrested on Oct. 18 and charged with aggravated fleeing and hit and run with property damage after allegedly fleeing a traffic stop and crashing into a fence on private property, then fleeing on foot. Two handguns were reportedly found in the car.

An Alachua Police Department (APD) officer reported that he attempted a traffic stop on a Kia Soul at about 3 a.m. on Tuesday near the intersection of Northwest 151^st Boulevard and Northwest 147^th Drive after the car ran a stop sign. The officer noted that the car immediately accelerated so quickly that it became airborne when it hit the railroad tracks near Peggy Road. The car was found a few minutes later in a private yard, with both airbags deployed and both front doors open. The officer wrote that the driver lost control on Northwest 142^nd Terrace, ran through the ditch on the east side of the road and crashed into a fence.

The officer reported that a search of the vehicle produced two loaded handguns, one on top of the center console and the other on the passenger side floorboard. Delima’s wallet was also reportedly in the center console and contained his driver’s license and bank cards showing his name.

Investigators identified Delima as the suspect and interviewed him at APD. During the interview, Delima was reportedly unable to provide a coherent explanation of the events of the previous night and provided inconsistent answers. Delima also reportedly had injuries consistent with airbag deployment.

Delima has been charged with aggravated fleeing with damage and hit and run with property damage. He has no criminal history, but he was arrested in 2020 for stealing a weed eater and entered into a deferred prosecution agreement. The agreement was revoked for failure to comply with conditions and the case was scheduled for a change of plea, but the charge was dropped and the hearing was canceled.

Judge Thomas Jaworski set bail in the current case at $30,000. The judge also ordered that Delima may not drive or possess firearms while on pre-trial release.

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HIGH SPRINGS ‒ This year, Halloween is back, and in the days leading up to Oct. 31, Halloween festivities were in full swing. After a hiatus due to COVID, many people went full force on decorating, with yards filled with ghostly apparitions, frightening creatures of all sorts and haunting graveyards complete with spooky lighting and eerie sound effects.

Halloween is an ancient tradition. In Celtic Britain, it was the Celtic celebration of Samhain, which marked the end of summer harvest and the coming of winter. The roots of modern Halloween activities in America go back to the mid-19^th century when large numbers of new immigrants, especially those fleeing the Irish Potato Famine in the 1840s, helped popularize Halloween. Over the years it evolved to a celebration of treats for children and dressing in costumes. Today, Halloween has become the nation’s second-largest commercial holiday with total Halloween spending expected to reach a record $10.6 billion.

Locally, in numerous neighborhoods, dimly lit decorations and spooky figures beckoned costumed trick or treaters to free candy and gifts Accompanied by parents, dozens of families came out in each neighborhood. The High Sprigs Police Department also had officers in each area of town to help with safety. Some, like Corporal Hampton, gave out candy as well at each stop.

For some residents like Darin Erskine, creating a spooky wonderland was a long-term project. “It’s been in the planning stage for a while and it took the month of October to put it all together,” Erskine said. “Building the graveyard fence took a full day and the rest was put up piece by piece over the month,”

Several of his neighbors had equally impressive displays. In Bailey Estates, the main road was lined with cars as large crowds wound through the neighborhood while multiple families set up tables and chairs in their driveways handing out treats. One of the most popular sites featured a grill with the homeowners offering free hot dogs. Not to be outdone, the High Springs Fire Department sponsored a haunted house in the fire station bays.

This year, these activities and celebrations returned to neighborhoods across America, and a holiday tradition has returned.

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GAINESVILLE ‒ Alachua County Fire Rescue (ACFR) reported that one person was extricated and four people were transported to the hospital following a high-speed rear-end collision at the intersection of Northwest 43^rd Street and U.S. Highway 441 between Alachua and Gainesville. The incident occurred at approximately 8 p.m., Oct. 26.

ACFR responded with Gainesville Fire Rescue and multiple law enforcement agencies. All northbound lanes of U.S. Highway 441 were closed until 10:30 p.m. while the accident was cleared.

According to a Florida Highway Patrol (FHP), a 2007 Lexus, driven by a 45-year-old Alachua person, was traveling north on U.S. 441, after turning left from Northwest 43^rd Street. The Lexus had two passengers, a 20-year-old Alachua man and a 44-year-old female, also from Alachua.

A 2002 GMC pickup truck driven by a 20-year-old Branford man disregarded the red light and struck the rear of the Lexus. After the initial collision the pickup truck came to a final rest in the left northbound lane. The Lexus came to a final rest on the east shoulder.

A third vehicle, a 2017 Nissan driven by a 41-year-old Alachua woman, was traveling north on U.S. Hwy 441. The driver failed to notice the disabled/stopped pickup truck in the left lane until the front of the Nissan struck the rear of the pickup truck.

A fourth vehicle, a 2017 Toyota driven by a 40-year-old Gainesville woman failed to slow or stop in time. The front of her Toyota struck the rear of the Nissan. Two passengers were also in the Toyota, a 10-year-old female and a 12-year-old boy, both from Gainesville.

Significant damage was done to two of the vehicles and FHP listed the driver of the pickup truck and the driver and passengers in the Lexus as serious. One patient was removed with the “Jaws of Life,” and ACFR reported that four patients were transported to the hospital with injuries ranging from minor to severe. The driver/passengers in the Nissan and Toyota were listed with no injuries based on the FHP report.

Alachua Police Department reported that three patients were transported in critical condition.

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HIGH SPRINGS ‒ The High Springs City Commission on Oct. 27 approved rezoning 688 acres in a 3 – 1 vote with High Springs City Commissioner Katherine Weitz casting the dissenting vote.

The rezoning request remained a point of controversy for residents who oppose the proposed Bridlewood development and associated Ordinance 2022-18.

Although the developer, upon learning that Mayor Byran Williams would not be present at the Oct. 27 meeting, requested consideration of the proposed Bridlewood development be rescheduled to the November meeting, citizens requested that the issue go ahead as planned. The ordinance rezones the 687.81 acres from PD-1, Planned Development, and R-1, Residential, to PD-12 Planned Development. The property is located in the southern sector of the City east of U.S. Highway 41 near the City’s wastewater treatment plant.

Residents had earlier complained that the subdivision was too large and would cause traffic congestion and increase crime in the city.

At the Oct. 27 meeting, one citizen proposed that a referendum be voted on by residents instead of five people sitting as a Commission making a decision that affects all the citizens. He also said he wanted the City to use an independent engineer and not the developer’s engineer to “school” the Commission.

City Manager Ashley Stathatos responded that there have been several meetings open to the public at the Commission level and also at workshops at the Civic Center. “State statutes deal with how to deal with property rights and planning and zoning items, said Stathatos. “You cannot do a referendum on planning and zoning items, and we have had more meetings than I can count.”

The intent of the rezoning request is to develop the property as a master planned, mixed-use development consisting of single-family, multi-family, senior living facilities, nonresidential (commercial) uses, school facilities and public facilities.

Currently there are three existing plats on the property, Tamiami Gardens No. 3, 5 and 6 consisting of approximately 1,440 residential lots to which the developer has entitlements.

The Planned Development proposes 1,437 single-family lots ranging from 7,000 to 10,000 square feet. A maximum of 250 multi-family units and 200 senior living facilities are also proposed. Acreage for a school site, public facilities and non-residential development is included as well.

Another concern raised by a resident at the Oct. 27 meeting was reuse water being applied to lawns. The developer’s consultant, JBPro, Inc. Engineer Chris Potts, said that while the EPA has no regulations on this in the state of Florida, water coming out of a wastewater treatment plant is regulated more stringently than potable (drinking) water. Potts also said that the Florida Department of Environmental Protection (FDEP) and Suwannee River Water Management District (SRWMD) prefer to use alternative methods for irrigation so that potable water can be extended further and that all state agencies will be applied to for permits included the Florida Department of Transportation, SRWMD and FDEP at the appropriate point in the process.

High Springs City Commissioner Katherine Weitz disagreed, saying that regulations on reuse water do not address nitrogen and phosphorus as well as other pollutants.

According to Weitz, the scope of the development and the rezoning is fairly new to people in town and she is in favor of another public meeting so citizens could have input. Stathatos responded that there have been numerous Commission meetings, Planning and Zoning Board meetings and workshops that have been above and beyond what the City would normally require. “I think we’re getting into dangerous territory to ask for more, more and more after three renditions of this application and changes that the developer has made based on previous citizen input,” Stathatos said. “I think we need to make a decision at this or the next meeting.”

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NEWBERRY ‒ The Newberry City Commission on Oct. 24 approved the Developer’s Agreement for Avalon Woods LLC Phase 2 and a resolution for approval of construction plans related to Phase 2.

Phase 2 is located east of US 27/State Road 45, on the north side of Northwest 16^th Avenue and consists of 26.59 +/- acres. The proposed population density of Phase 2 is approximately 10 persons per acre, with a building density of four per acre.

Conditions included in the agreement call for provision of utility infrastructure improvements, as well as who is responsible for which items and when. A total of 106 single-family residential units are planned for Phase 2.

The agreement calls for the City to provide potable water and sewer and the developer will extend service lines to accommodate the development. The Home Owners Association (HOA) documents are required to stipulate that the development is located next to a regional park with ball fields and other recreational uses from which lighting and noise may affect neighboring properties.

In a second action related to Avalon Woods Commissioners also unanimously approved a resolution for approval of construction plans related to Phase 2. Newberry Planning and Economic Development Director Bryan Thomas said the application was reviewed by the City’s Development Application Review Team (DART), and no objection was found with the request. The developer plans to develop the area defined as green space prior to beginning another phase of construction.

Lakota Subdivision

The Commission unanimously approved the Preliminary Plat and a special exception for a Small-Scale Rural Subdivision application for the proposed Lakota subdivision. The subdivision proposes 15 lots on 45.53 +/- acres with a density of one dwelling unit per three acres. The minimum lot size is two acres, and average lot size is 2.85 acres. Access is provided along the internal roads in the subdivision, which will be privately owned and maintained by a Homeowners Association (HOA). Electric utility services will be provided by Clay Electric. Potable water and wastewater services will be well and septic systems.

The developer voluntarily agreed to increase the undisturbed buffer from 25 feet to 40 feet along the western plat limits in lots five – eight and has agreed to a 50-foot perimeter buffer around the entire property. Ingress and egress is to 15^th Avenue and the subdivision will be a gated community. Concern about turnaround for emergency vehicles has been addressed, but will be considered further at a later hearing.

Prior to the acceptance of application for Final Plat, the developer is required to provide paving, grading and drainage drawings showing road access to lots five – seven.

Road Vacated

The City Commission has unanimously approved vacating a portion of Southwest 2^nd Avenue on first reading. The road is a 50-foot public right-of-way and runs between CSX Railroad right-of-way and Southwest 252^nd Street. It was created by plat dedication on the Original Newberry plat.

As the applicant was Mark and Betty Clark, Commissioner Clark stepped down from the dais and recused himself from consideration of the matter. The Clarks live at 180 S.W. 252^nd Street. Larry Lund, who lives at 210 S.W. 252^nd Street, is the owner south of the right-of-way and has signed the application consenting and accepting the vacation.

A power pole located in the middle of the right-of-way will remain and the City will maintain the easement. In vacating a roadway, the two property owners will receive half of the property or 25 feet each.

Entrance to Newberry

In other City business, the Commission has approved an “Entrance to Newberry” sign for approximately $40,000. City Project Manager Armon Lowery showed Commissioners three options for “Entrance to Newberry” signs. Commissioners voted for Option 1. The cost for masonry only is $22,800. However, by the time all is completed, the total cost will be approximately $40,000. An architectural drawing of the proposed sign will have to be completed prior to construction. City Manager Mike New said the funds are in the budget to pay for this expense. Commissioners also approved installing the sign at 202^nd Street and State Road 26/Newberry Road.

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