MARION COUNTY GROWTH SERVICES Date: 6/30/2017

P&Z: 6/26/2017

BCC Adoption: 7/18/2017

Amendment No:

2017-S04

Type of Application Small-Scale Comp Plan FLUM Amendment Request: Future Land Use Designation Change From: Medium Residential To: Commercial and Urban Residential Developer’s Agreement(s): OR Book/Page: 4641/281 Concurrent Zoning Case: 20170704Z (PUD) Parcel #/Acreage: 48369-000-00/±1.18 ac 48367-000-00 (pt)/ ±8.63 ac TOTAL ±9.81 ac Owner: Utopia 42, LLC & D. Gaekwad Applicant: J. David Tillman, P.E./Tillman & Associates Location: North side of Hwy 42, across from the First Baptist Church at the Villages (of Marion)

RECOMMENDATIONS & HEARINGS HELD FOR THIS AMENDMENT Action

APPROVAL

P&Z Recommendation

APPROVE

BCC Adoption

PEND

Notice of Public Hearing Property Owners within 300 feet of the subject property: 63. Written comments in opposition have been received from 2 of the 63 owners or 3%.

Staff Recommendation: APPROVAL

P&Z Recommendation APPROVE Project Planner Christopher D. Rison, AICP, Senior Planner

Result

Staff Recommendation

PROJECT INFORMATION Request: Medium Residential (9.81 acres) to Commercial on ±4.60 acres and Urban Residential on 5.21 acres. Gross Development Potential: Residential Non-Residential 83/27 DUs 200,376 SF Water/Sewer: In the Marion County SW Stonecrest Regional Utility Service Area. Environmental: No 100-Year Flood Plain or no wetlands are present, though limited Flood Prone Areas are located to the north. The site is generally now unused pasture/field which will require listed species assessment at the time of development. Transportation: Capacity is available; however final traffic assessments will be required with final development plans.

LOCATION The site is on the north side of SE Hwy 42, ±1,500’ west of SW 80th Avenue and ±2,500’ east of SW 73rd Avenue, directly across from the First Baptist Church at the Villages (of Marion).

2017-S04 – Utopia 42 & D. Gaekwad/Tillman

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Existing Use: AVP SFR/Vacant field/pasture w/trees

CURRENT FUTURE LAND USE DESIGNATION

Code Enforcement Action: Case #743786 Opened 2/7/2017 1) Junk & Litter 2) 911 Address Posting (Illegal Dumping on AVP Site) Development Eligibility (DUs) CURRENT: Medium Residential ±9.81 AC @4 DU/AC = 39 DU Total PROPOSED: Urban Residential (UR) ±5.21 AC @ 16 DU/AC = 83 DU Total Commercial (COM) as Residential ±4.60 AC @ 6 DU/AC = 27 DU IF solely Residential UR – ±5.04 ac 83 COM – ±4.94 ac 27 Total 110

FUTURE LAND USE DESIGNATION Rural Land (1 du/10 ac)

Urban Residential (8 - 16 du/ac)

Employment Center (0 - 12 du/ac; FAR 2.0)

Low Residential (0 - 1 du/ac)

Rural Activity Center (0 - 2 du/ac; FAR 0.35)

Commerce District (N/A; FAR 2.0)

Medium Residential (1 - 4 du/ac)

Rural Community (0 - 3 du/ac; FAR 0.70)

Public (N/A; FAR 1.0)

High Residential (4 - 8 du/ac)

Commercial (0 - 6 du/ac; FAR 1.0)

Preservation (N/A; N/A) Municipality

PROPOSED FUTURE LAND USE DESIGNATION

Commercial as Commercial ±4.60 AC @ 1 FAR = 200,376 SF POTENTIAL NET CHANGE: DUs: +62/71 DUs COM: +215 KSF Overall Site History: Utopia Subdivision (Brown/Ecclestone) 2005-L02 & L29 – Medium 20061208Z - PUD 061209SU - Well & WTP

Adjoining Project History:

Heritage Oaks Village (Radcliffe/SE 73rd Partners) 2007-L07 – Medium 20160709Z - PUD

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CURRENT ZONING

ZONING DISTRICTS A-1 General Agriculture

R-2 One-and Two-Famiy Dwelling

RR Recreational Resort

B-4 Regional Business

I-C Industrial Complex

A-2 Improved Agriculture

R-3 Multiple Family Dwelling

RAC Rural Activity Center

B-5 Heavy Business

G-U Government Use

A-3 Residential Agricultural Estate

R-4 Residential Mixed Use

R-O Residential Office

RC-1 Rural Commercial

R-PUD Residential Planned Unit Development

RR-1 Rural Residential

MH Manufactured Housing

B-1 Neighborhood Business

RI Rural Industrial

PUD Planned Unit Development

R-E Residential Estate

P-MH Mobile Home Park

B-2 Community Business

M-1 Light Industrial

R-1 Single-Family Dwelling

P-RV Recreational Vehicle Park

B-3 Specialty Business

M-2 Heavy Industrial

PLANNING DIVISION ANALYSIS – FLUM AMENDMENT BACKGROUND/EXISTING CONDITIONS The site consists of one ±1.18 acre parcel and one ±8.63 acre parcel, totaling ±9.81 acres. The larger second parcel area is part of the previously approved Utopia PUD project area that extends further north, while the ±1.18 acre parcel has now been acquired by the Utopia PUD owner. A companion Rezoning Application (20170704Z) to update the prior Utopia PUD and include the additional ±1.18 acre parcel within the PUD has also been submitted. The site is predominantly an open field/pasture with some trees mostly around the perimeter, and it is directly north of the First Baptist Church at the Villages on the north side of Hwy 42. In 2005, the Utopia PUD site obtained a pair of Comprehensive Plan Amendments (2005-L02 and L29) for Medium Residential followed by its PUD zoning (20061208Z) along with a Special Use Permit for potable water facilities (Wells/WTP: 20061209SU). Those approvals did not included the ±1.18 acre site, which was designated Medium Residential by the 2014 Comprehensive Plan Update. The site is in Marion County’s SE Stonecrest Regional Utility Service Area, with both water and sewer lines lying within E. Hwy 42. Additionally, development of the Utopia PUD site is required to provide additional potable water facilities to support the final needs of that overall project which will be interconnected with the existing potable water system along Hwy 412, thereby enhancing system supplies and pressures. 2017-S04 – Utopia 42 & D. Gaekwad/Tillman

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The general area is currently a mix of agricultural, residential, and commercial tracts, and the area is transitioning from a rural character to an urban setting as development continues to increase in conjunction with the Villages of Marion FQD and the Orange Blossom Hills Subdivision. Immediately south of the site, across Hwy 42, is the First Baptist Church at the Villages that adjoins the NexGen “Aging-in-Place” PUD (skilled nursing facility (SNF), assisted living facility (ALF), independent living facility (ILF), and medical office complex) that will extend west to the Hwy 42/SE 73rd Avenue intersection. East of the site is the Heritage Oaks Village PUD that also extends west to SE 73rd Avenue where that PUD’s primary access will be located. ADJACENT PROPERTY CHARACTERISITICS Direction N

FLUM Designation Medium Residential

Zoning PUD (Planned Unit Development)

S

Medium Residential

R-1 (Single-Family Dwelling)

E W

Medium Residential Rural Land

A-1 (General Agriculture) A-1 (General Agriculture)

Existing Use per MCPA Property Code Vacant field/trees First Baptist Church at the Villages SFR Acreage Tracts Vacant field/trees

Hwy 42 extends east-to-west across southern Marion County between Hwy 475 and the Marion County/Lake County line. The Ocala/Marion County Transportation Planning Organization’s Long Range Transportation Plan and Marion County Transportation Improvement Program/Plan each reference a future westward extension of Hwy 42 across I-75 that will then connect to Marion Oaks Manor and SW Hwy 484, allowing cross-county traffic to proceed to the City of Dunnellon and western Marion County. Hwy 42 along the amendment site is an Urban Arterial connecting S. Hwys 301 and 441 in the County’s southeast urban area that includes the Villages of Marion mixed use project, and the Orange Blossom Hills, Hilltop Estates and Mobile Home Meadows subdivisions. The roadway forms a central east-west route through this urban area where commercial uses have been established at various nodes along the roadway to serve the existing and continuing development. The Commercial land use designation is consistent with a community focus of the intersection to address the daily needs of the surrounding residential areas consistent with FLUE Policy 2.1.20 with a minor node effect at the entrance to the companion development project and the existing Employment Center development site to the south. The applicant’s requested future land use designations will increase the residential development potential (Urban Residential) and add a new land use designation (Commercial) to the broader overall site to allow for increased densities and mixed-use development form for the overall site. PROPOSED DEVELOPMENT CONTEXT The requested Commercial designation will allow increased densities and intensities of development to include non-residential uses in a nodal development pattern consistent with FLUE Policy 1.1.7, while diversifying development opportunities within the identified Urban Area focused along Hwy 42 consistent with FLUE Policy 1.1.5. The proposed land use would accommodate residential development eligible to use available existing public services to provide additional housing diversity to the increasing population of the area and persons working in the surrounding regional activity areas. 2017-S04 – Utopia 42 & D. Gaekwad/Tillman

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Depending on the final development proposals, land use buffering to address compatibility per the Land Development Code will be required. Central water and central sewer services are currently available along Hwy 42, however additional potable water system development will be required in conjunction with the corresponding overall site’s development. The proposed Commercial and Urban Residential future land use designations will reduce the potential for a uniform SFR development pattern which can create long-term service issues regarding public infrastructure, and provide for increased supporting non-residential services to support the existing and anticipated surrounding residential development in a nodal pattern. Increasing opportunities for a diverse mix of uses and a variety of economic and community opportunities, particularly within an area where urban services are available. PUBLIC FACILTIES AND SERVICES Environmental: The site is a vacant field/pasture with trees predominantly along the site’s perimeter. No flood plains are present on the site; however flood prone areas are in the vicinity. The site’s field/pasture habitat may currently support sand skink, Florida scrub jay, and gopher tortoises along with other potential Listed Species. An Environmental Assessment for Listed Species, along with stormwater and floodplain analysis, is required for all development proposals to address how any such factors will be managed consistent with local, state, and federal requirements. According to the Soil Survey of Marion County, Florida, the site includes Candler-Apopka soil types which are not limited in their ability to accommodate development, which is consistent with surrounding area development and ongoing construction efforts for the Villages of Marion and Orange Blossom Hills projects. School Facilities: The proposed land use change would potentially affect school capacities, particularly if the site is developed solely residentially; however the companion zoning application proposes a commercial use of the Commercial designated portion of the site. Marion County Public Schools (MCPS) was notified of this Amendment Application and indicated the site is within the Harbour View, Lake Weir Middle, and Belleview High School attendance zones. MCPS has not objected to the proposed amendment. Public Safety: The County’s Villages Fire Station #10 is located ±0.5 miles east of the site at 8220 SE 165th Mulberry Lane and the Sheriff’s Villages District Office adjoins the fire station. Public system hydrants are currently located within the area; however site development will be required to address public safety requirements. Public safety service response times will vary based on whether the response units are at the stations or on the road, and service may also be provided by other surrounding facilities under interlocal service delivery options with The Villages Fire Services. Final conformance with all public safety needs will be coordinated with any site development proposals as part of the development review processes for the site, consistent with Marion County’s Land Development Regulations.

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Potable Water & Sanitary Sewer: The site is in Marion County’s SE Regional Stonecrest Utility System Service Area. Water & Sanitary Sewer Capacity - Maximum Demand in Gallons Per Day (GPD) Utility Service LOS Standard Existing FLU Proposed FLU Net Change Residential (# of Units) 39 unit 83 units +44 units Non-Residential (acres) ±0.0 acres ±4.60 acres +4.60 acres Water (PWE Policy 1.1.1) Residential (150 GPD/person/unit*) Non-Residential (2,750 GPD/acre)

14,040 GPD 0 GPD

29,880 GPD 12,650 GPD

+15,840 GPD +12,650 GPD

Sewer (SSE Policy 1.1.1) Residential (110 GPD/person/unit*) Non-Residential (2,000 GPD/acre)

10,296 GPD 0 GPD

21,912 GPD 9,200 GPD

+11,616 GPD +9,200 GPD

*2.4 persons/unit Sources: Marion County Growth Services & Florida Statistical Abstract 2006-13.

MARION COUNTY SE REGIONAL STONECREST UTILITY SYSTEM* DESIGNED

WATER (MGD) 6.9

WASTEWATER (MGD) 1.00

CONSTRUCTED CAPACITY

6.9

0.67

CURRENT CAPACITY/FLOW AND RESERVED CAPACITY

2.2

0.29

CURRENT AVAILABLE CAPACITY

4.7

0.38

AMENDMENT CAPACITY DEMAND (COM)

0.04

0.03

REMAINING AVAILABLE CAPACITY

4.66

.035

*Capacity information as provided by Marion County Utilities.

Development of the site will require centralized utility services, which is reflected in the existing Developer’s Agreement pertaining to the overall site, aside from the ±1.18 acre property which is due to be subject to the companion PUD Rezoning Application. Since the time of the prior Comprehensive Plan Amendment and Rezoning Applications were approved, Marion County has extended sanitary sewer and potable water system lines in Hwy 42 adjoining the site. Potable water capacity is available for the amendment site; however the provision of a separate new public potable water treatment plant continues to be required for the gross project, as reflected in the existing Developer’s Agreement and companion Rezoning Application. Marion County has established standards governing when connections to utilities are required, and has set thresholds for the design and construction of new facilities or facility expansions as capacities are used and/or reserved. Finally, participation by the developer through development agreements and/or partnerships is also permitted by Marion County. Stormwater/Drainage: The site does not include designated 100-Year Flood Plain areas; however some flood prone areas have been identified north of the site. Development of the site will be required to address potential flood impacts with the completion of the improvements, potentially including reducing the intensity and density of development if such areas are proposed for actual development (e.g., units, building SF, impervious SF). All proposed development is required to hold stormwater on-site, up to and including a 100-year storm event, along with other site specific conditions in compliance with the County’s Land Development Regulations in order to address and discourage on-site flooding issues and concerns on-site and off-site.

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Recreation: Recreation facilities will be potentially impacted by the proposed amendment; however, as noted under the School Facilities analysis, full residential development of the site is not proposed under the companion rezoning application. Additionally, Marion County has ample Federal, State, and County owned lands available for recreational activity and exceeds the currently established LOS standard; further, Marion County currently owns a site designated as the future Orange Blossom Hills Community Park within the Orange Blossom Hills Subdivision located ±2.25 miles northeast of the site. Solid Waste: LOS is 6.2 pounds per person per day (Solid Waste Element, Policy 1.1.2). This amendment does not adversely impact the County’s LOS for solid waste as the County has identified and arranged for short-term and longterm disposal needs. The County continues to use the Baseline Landfill until 2020 when it is projected to close. A long-term contract reserving capacity with a private landfill in Sumter County is in place for use when determined necessary by the County. Further, the County continues to pursue recycling opportunities and other avenues to address solid waste needs based on existing and projected conditions. Transportation: Amendment 17-s04 was analyzed using the Marion County Impact Fee Schedule as based on the Institute of Transportation Engineers Trip Generation Handbook, 9th Edition. The proposed ±9.81 acre site has the potential to generate a maximum amount of approximately 8,719 daily trips and 4,053 PM peak hour trips (See Amendment Trip Generation Table). SE Hwy 42, based on the TPO 2016 Traffic Counts, has a current Volume to Capacity Ratio of 23.73% (8,500 of 35,820 trips). Projections indicate Hwy 42 will continue to operate within its applicable adopted level of service (“E”). The Amendment site is proposed to be part of a larger overall development site (20170704Z); however staff anticipates the non-residential use, and likely the multiple-family use will not have available access to other surrounding overall project roadways. Development proposals associated with this application will be subject to review and approval under the County’s Land Development Code including concurrency and access review processes which may require additional specialized access improvements, along with cross access design provisions.

Road S Hwy 42

SURROUNDING ROADWAY CONDITIONS Existing Conditions R/W No. R/W Classification Maintenance Surface Min. Lanes Deficiency Width Minor Arterial

County

Paved

4

±100’

20’

AMENDMENT TRIP GENERATION Acres (±)

Scenario

Land Use

Existing

Medium Residential

±9.81

Proposed

Urban Residential Commercial

±5.21 ±4.60

Total

±9.81

Potential Max Development 39 DU* 83 DU** 200,376 SF varies

Daily Trips 305 343 8,376 8,719

PM PK HR. Trips 40 213 3,840 4,053

Projections based on Marion County 2015 Transportation Impact Fee Study: *Single-family residential – mid-size dwelling. **Multi-family residential 3+ stories.

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Code Enforcement: The ±1.13 acre property of this Application is the subject of an ongoing code case (#743786) for Junk/Litter & 9-1-1 Address Posting. It is a registered Abandoned & Vacant Property (AVP) and the on-site residence is in a significant state of disrepair that remains to be addressed by the owner. STAFF RECOMMENDATION Growth Services recommends APPROVAL of CPA 17-S04 for the proposed Future Land Use Map Amendment on the following basis: 1. The granting of the amendment will not adversely affect the public interest. 2. The proposed amendment is compatible with land uses in the surrounding area. 3. The proposed amendment is consistent with Chapter 163, Florida Statutes and the Marion County Comprehensive Plan. PLANNING & ZONING COMMISSION RECOMMENDATION – June 26, 2017: The Planning & Zoning Commission recommends APPROVAL of CPA 17-S04 for the proposed Future Land Use Map Amendment on the following basis: 1. The granting of the amendment will not adversely affect the public interest. 2. The proposed amendment is compatible with land uses in the surrounding area. 3. The proposed amendment is consistent with Chapter 163, Florida Statutes and the Marion County Comprehensive Plan. BOARD OF COUNTY COMMISSIONERS – ADOPTION – July 18, 2017: The Board of County Commissioners acted to _______ CPA 17-S04 for the proposed Future Land Use Map Amendment on the following basis: 1. The granting of the amendment will not adversely affect the public interest. 2. The proposed amendment is compatible with land uses in the surrounding area. 3. The proposed amendment is consistent with Chapter 163, Florida Statutes and the Marion County Comprehensive Plan.

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EXISTING USE PER MCPA Vacant Res

MFR

Commercial

RuralBldgSite

Private Institutional

Utility

Water/submerged

SFR

Group Living Qrtrs

Vacant Industrial

Ag Production

Goverment Institution

R/W

Mining

MHR

Vacant Com

Industrial

Vacant Institutional

Military

Recreation/Park/Forest

Sewage/Waste/Barrow Acreage Non-classified

EXPANDED AERIAL VIEW

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170704Z 17-S04

SE 80TH AVE

Aerial

SE 157TH PL

Subject Properties

SE HWY 42

·

0

375

750

1,500 Feet

SE 81ST CT

SE 80TH TER

SE 73RD AVE

SE 162ND PL

170704Z 17-S04

Existing Land Use Designation

SUMMERFIELD MEADOWS

63

53

01 01 01

53 53

Subject Properties 63

08

01 01 01

40

96-L01 05-L35

10

63

40 16

99

01

01

40

11

40

02 02

13-S06

53

40

99

63

62

Single Family Res

50-69/99

00/10/40/70 71 02

06-07/11-39 41-49 83-98

Agricultural Vacant

Church

Mobile Home Commercial Industrial Public

82

Recreation

03-05/08

Multi-Family

77

71 19

Use per MC Property Appraiser 01

53 02

63

Club/Lodge/Union Hall

63

00 01 08

99 63 63 06-L56

07-L06

63

99

05-L29

99

00

01

SE HWY 42 63

53

63

53 01

All Amendments

_

08

63

63

63 02

01

01

HECTOR LANDS

01 01

SE 157TH PL 02 01 00 02 01 01 02 02 02 99 01 00 01 01 01 08 08 01 00 01

00 99

01

ORANGE BLOSSOM HILLS 00

SE 162ND PL 01 00 01

00 01 02 00 01 00 02 01 01 01 01 02 01 02 02 00 01 00 53

06-L03

71 1 inch = 1,320 feet

01 01

00 00

00

01

01

00

00

00

01

00 01

01 00

01 00

04-S17

00

01

01

00

10 86 17 38 94 VILLAGES BUENA VISTA BLVD

OWNER: DIGVIJAY GAEKWAD/UTOPIA 42, LLC. AGENT: J. DAVID TILLMAN, P.E.

PARCEL(S): 47659-000-00, 48366-000-00, 48367-000-00, 48369-000-00 The information shown hereon is compiled from the best available sources and for use by the County offices only. This data should not be used for surveying or land transfer of any type.

Legend Policy 1.20

02

63

02 08

69

99

53

01 02 01

00

02

69

05-L02

01 01

64

02

63

01

63 02 01 00

08

01 01

08

63

99

SUMMERFIELD FARMS SUMMER TRACT 63 63 02 RANCHETTES

63

01

SE 73RD AVE

S US HWY 301

62

63

63

53

53 63 01

SE 83RD AVE

01

SE 80TH AVE

10

·

Rural Land (1 du/10 ac)

Urban Residential (8 - 16 du/ac)

Employment Center (0 - 12 du/ac; FAR 2.0)

Medium Residential (1 - 4 du/ac)

Rural Community (0 - 3 du/ac; FAR 0.70)

Public (N/A; FAR 1.0)

Low Residential (0 - 1 du/ac)

High Residential (4 - 8 du/ac)

Rural Activity Center (0 - 2 du/ac; FAR 0.35) Commercial (0 - 6 du/ac; FAR 1.0)

Commerce District (N/A; FAR 2.0) Preservation (N/A; N/A) Municipality