SB 1118: A builder’s perspective

Bernie Little, Horse Farm Forever president, left, talks with David Tillman of Tillman and Associates, right, during the Horse Farms Forever Conversations About Conservation Summit in Ocala on Nov. 14, 2022. [File photo by Bruce Ackerman]

When David Tillman speaks to the Marion County Board of County Commissioners, the whole room listens. In a Southern drawl that shows his Georgia roots, Tillman regularly presents development applications to the Planning & Zoning board and the BOCC, typically representing clients who want to develop a new neighborhood or shopping center.

Tillman grew up in the building and construction industry and has decades of experience as a developer, engineer and planner.

He’s not concerned about Senate Bill 1118, a measure filed by State Sen. Stan McClain, R-Marion, (with a companion piece in the State House by State Rep. Kevin Steele, R-Pasco) that has language that could take away local control of certain types of parcels. (www.ocalagazette.com/sen-mcclain-advocates-for-bill-that-would-weaken-local-control-of-rural-lands/)

SB 1118 and HB 1209 summary sections state, in part, that property owners will “instead apply for administrative approval of a development regardless of future land use designations or comprehensive plan conflicts under certain circumstances; require “that an authorized development be treated as a conforming use…;” and prohibit “local government from enacting or enforcing certain regulations or laws” on parcels surrounded by current residential zoning and of a certain size.

“I’m not on fire being in favor of this thing because I see it having very little effect,” Tillman said in an interview on March 12. “What’s occurring is that you have property owners that are kind of the ‘last man standing’ situation. So, everything around them has developed. There’s a subdivision, north, south, east and west.”

Tillman mentioned a recent example of the Sutton Place planned unit development (PUD) that was proposed for 3922 NE Jacksonville Road. The parcel is surrounded by medium-residential density neighborhoods and is a stretch of farm and pastureland that was once a thoroughbred horse farm. The aerial photos still show the remnants of the oval track on the property.

Much of the public opposition and the board’s objections were centered on the proposed density of 310 homes on just over 77 acres. After board discussion and seeing the lack of votes for the project, the developer withdrew the project from consideration.

That sort of example, Tillman said, is the type of development control that SB 1118 would address.

“He’s (the property owner) is surrounded and he’s got a farm,” Tillman said. “Everybody came out and said, ‘Hey, we want that to stay a farm.’ That’s an unreasonable request to make when everybody else around is a residential piece of property. That’s kind of what this (SB 1118) is dealing with.”

Tillman said he has talked about the bill with McClain but doesn’t think that McClain intended to harm Marion County and specifically the Farmland Preservation Area.

“I know Stan measured it as how will this hurt our area and he doesn’t see it that way,” Tillman said.” I don’t think it would have an effect on us overall.”

“The FPA is that line (of demarcation),” Tillman said. “Remember, Senator McClain was on the BOCC when this FPA line got created. He was one of the people who created it. So, he’s not coming back and trying to destroy it, that’s not the intention of the language at all.”

Due to the specifics of the language in the bill, Tillman doesn’t think that SB 1118 would negatively impact the FPA.
“It just wouldn’t apply because where is there a piece of property inside the FPA that’s surrounded on three sides by residential or urban uses?” Tillman asked. “It’s just not something that would apply.”

Local preservation groups worried
Local preservation groups have raised concerns about the bill’s “over-reach” into local development decisions and even prompted a formal letter of concern from Horse Farms Forever, directed to BOCC Chair Kathy Bryant on March 10.

The letter pinpointed a particular worry for rural property owners, writing, “One more example of preemption of local control is the bill takes charge of the urban growth boundary with the following language, ‘A local government must treat an agricultural enclave that is adjacent to an urban service district as if it were within the urban service district.’ Plus, if a parcel is approved as an agricultural enclave, then the next parcel could piggy-back that approval to qualify for the same development with only administrative approval required.”

Bernie Little, president of HFF, said of the bill, “I’m sure developers are celebrating over its language.” He said it’s an “unprecedented” change in local control and state laws. (www.ocalagazette.com/florida-legislature-bills-would-likely-remove-fpa-protections-in-marion-county/)

At press time, McClain, Bryant and county attorney Matthew Minter have not yet responded to “Gazette” requests for comment.

Solving a problem that doesn’t exist here
Tillman said the bill solves a problem that he says exists as “more of a South Florida problem than it is here. (An example) is a piece of property surrounded by urban use on three sides. On the other boundary is a drainage canal that has (agricultural) land use and (agricultural) zoning over it. The other side of that canal is more residential and urban uses. That county commission is looking at it and saying you’re right next to an (agricultural) piece of land that would be incompatible to change the land use. That’s not really an (agricultural) piece of property; it’s a canal that just happens to have an ag zoning on it.”

The bill’s language does address this specific topic: “Where a right-of-way or canal exists along the perimeter of a parcel, the perimeter calculations of the agricultural enclave must be based on the parcel or parcels across the right-of-way or canal.” (Lines 216-219)

Tillman doesn’t see the bill as a real threat to the FPA here “because there is no situation that exists that I can think of in our FPA that this would apply. It could apply to a property adjacent to the FPA, yes.”

The bill language provides for protection of state-mandated protection areas and lists two: “The Wekiva Study Area, as described in s. 369.316; or 2. The Everglades Protection Area, as defined in s.169 373.4592(2).” There is no mention of the county’s FPA protection area.

Tillman sees Urban Growth Boundary as productive for the county
Marion County has a unique mix of urban, rural, residential and recreational areas that Tillman appreciates.
“I love that we have such a balance in our community,” he said. “We have an UGB, we have an FPA, we have the forest, a great recreational region for our community as well. There are so many different components that bring a real balance.”
A key to responsible and “good quality” planning, Tillman said, is to use the Urban Growth Boundary (UGB) as it was intended and to keep development out of the preservation areas.

“The UGB is centered around our city (Ocala), so the whole thing all these infill projects need is more density,” Tillman explained. He thinks the infill parcels should have higher density than what most have right now.

“We don’t want our growth to extend out into the FPA or the areas that we want to preserve. Then we have to have more density within that circle and concentric to where all the services exist. When you look at the south end of the county and you’ve got The Villages and that (U.S.) 441 corridor that literally has everything you can contemplate—Walmart, hospitals, movies, shopping centers—right there is the place where we should be putting development because (it is) where people can be served without driving 20 miles for (supplies.) They’re six minutes from everything.”

Has compassion for those affected by change
Tillman grew up on a 9-acre farm in Valdosta, Georgia, one that had a long-standing active railroad track behind the property and eventually had high-end residential development and industrial parcels on the family farm’s road. So, he has empathy for people who are worried about new neighborhoods and development of area farms.

“I understand their passion for keeping what they have. My heart has compassion for them. But also, people have a perception with a significant change occurring, like a subdivision moving in next door, and it’s not (a big change),” Tillman said, adding that it’s human nature for people to be nervous about the new and the unknown.

He doesn’t think Marion County residents need to be concerned about the bill.

“Inside the UGB there may be some parcels that are affected,” he said. “But when you start looking at those acreage limitations, no, I don’t think there’s a lot that exists at those sizes. There’s not a huge number of multi-hundreds of acres in Marion County.

“World Equestrian Center has 4,000-plus acres, On Top of the World and Calesa are vested Developments of Regional Impact. The larger things in our community are well-established. I would challenge you to find the parcels that the SB criteria. I’m sure there are some, but I’m not sure which ones they are.”

Tillman sees the bill as a potential positive for some developers working on some lands.

“I’ll use the legislation if it works for a way that’s suitable,” he said. “Remember, it’s a three- to nine-month process for small- or large-use comp plan changes. It’s good business to use this bill if it works for the business.”

Connections:
David Tillman and Senator McClain have professional connections. Tillman is the founder and CEO of Tillman & Associates Engineering, LLC in Ocala. He is also president of the Marion County Building Industry Association and McClain is listed as its chair of Governmental Affairs committee. McClain listed income of $12,324 from the MCBIA in his 2023 Form 6 financial disclosure along with his senate income of $27,366, a paid position from the state of Florida. According to Florida public records, McClain is also the authorized agent and manager of McClain Construction, LLC. That business lists Tillman & Associates as a “secondary source of income” on McClain’s 2023 Form 6.