Marion County Planning & Zoning Commission
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1 Marion County Planning & Zoning Commission Date: /3/24 P&Z: 9/29/24 BCC: /21/24 Item Number 1409Z Type of Application Rezoning Request From: R-3, Multiple Family Residential To: B-4, Regional Business Owner/Applicant: Robert Blackmer/ Richard V. Busche, PE (Kimley-Horn, Inc.) Parcel #/Acreage ±0.31 acres Future Land Use Commercial Companion Applications: See following page. Staff Recommendation Approval P&Z Recommendation: Approval Project Planner Christopher Rison, Senior Planner Item Summary Staff is recommending Approval of a rezoning of the subject property from R-3, Multiple Family Residential to B-4, Regional Business, on approximately 0.31 acres in accordance with Marion County Land Development Code, Article 2, Division 7, Zoning Change. Public Notice Notice of public hearing was mailed to 12 property owners within 3 feet of the subject property. No oral or written comments in opposition have been received at the time of this report s distribution. Background Location The subject site is a ±0.31 acre site located within The Hammocks Subdivision on the north side of E. Hwy 40 at NE 49 th Avenue, north of and behind the
2 Additional Information Comp Plan Amendment(s): N/A Corresponding Rezoning Applications: 24Z 24Z 2411Z Existing Use: () Improved Residential Location: North corner of NE 49 th Terrace and NE 24 th Place. Code Enforcement Action: None. existing Bob Evans restaurant. The site is part of a larger overall land holding currently proposed for development as a new Sam s Club warehouse store. The future land use designation of the surrounding properties is Commercial, including the other parcels which are part of the proposed Sam s Club site, and the applicant is requesting a future land use designation for the site to correspond to the other properties. The site includes one single family residence at this time. A set of companion rezoning requests to unify the overall site into a single B-4 zoned site has been submitted. The following table summarizes adjacent future land use designation, zoning districts and existing uses: Direction North South ADJACENT PROPERTY CHARACTERISITICS Future Zoning Land Use E = Existing Designation R=Requested Commercial City: Low Intensity E: R-3, Multiple Family Dwelling R: B-4, Regional Business City: B-2, Community Business East Commercial B-4, Regional Business West Commercial R-3, Multiple Family Dwelling Existing Use per MCPA Property Code Vacant Six Gun Corners Vacant Forested DRA; MFRs Request The applicant is requesting a rezoning from R-3, Multiple Family Residential to B-4, Regional Business, on approximately 0.31 acres in accordance with Marion County Land Development Code, Article 2, Division 7, Zoning Change. Analysis In reaching its decision, the Planning & Zoning Commission shall find that the following exist: a. Granting the rezoning will not adversely affect the public interest. The site is generally located on the north side of E. Hwy 40 across from the existing Super Walmart and behind the existing Bob Evans Restaurant. The site currently includes a residence. The surrounding area includes existing residential uses proposed for conversion to commercial use along with an area of residential uses to the west. Granting the requested B-4 zoning will not adversely affect the public interest. b. The proposed zoning change is consistent with the current Comprehensive Plan. The FLU Map 1: Marion County 2035 Future Land Use Map of the Comprehensive Plan designates the site as Commercial. Rezoning the site to B-4 will establish a zoning classification for the site consistent with its future land use designation and provide for uses to support the surrounding Urban Area within the Urban Growth Boundary consistent with FLUE Policy
3 c. The proposed zoning change is compatible with land uses in the surrounding area. The site adjoins other B-4 zoned property to the east. Properties to the north and south are also proposed for rezoning to B-4 in companion rezoning applications (14,, and 11). The proposed B-4 zoning is compatible with the land uses in the surrounding area. Infrastructure Access to the property is from NE 24 th Place and 49 th Terrace intersection. The site is proposed to be integrated with a larger site to be accessed from NE 49 th Avenue and E. Hwy 40. Existing Conditions Road Classification Maintenance Surface E. Hwy 40 NE 49 th Terrace Collector, Arterial (urban) Subdivision Major Local No. Lanes R/W Min. Width R/W Deficiency State Paved 4 180' 0 County Paved Water/Sewer services are to be provided on site by Applicant. Utility Service Area Water Marion County Silver Springs Regional WTF Sewer Marion County Silver Springs Shores Regional WRF Staff Recommendation: Approval
4 1409Z Aerial NE 49TH AVE NE 25TH PL Subject Property NE 49TH TER NE 24TH PL Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Miles
5 28 86 Existing Land Use Designation NE 28TH ST 1409Z NE 48TH CT NE 49TH AVE NE 26TH PL 94 NE 26TH ST -L13 -L Use per MC Property Appraiser 50-69/99 //40/ / / 94 Single Family Res. Agricultural Vacant Church Mobile Home Commercial Industrial Public Recreation Multi-Family 77 Club/Lodge/Union Hall 03 NE 24TH PL OWNER: AGENT: PARCEL(S): LOCATION: -L NE 25TH PL NE 49TH TER Subject Property 21 E SILVER SPRINGS BLVD NE 24TH ST S inch = 3 feet Robert Blackmer Richard V. Busche, P.E., CFM E Silver Springs Blvd, turn L on NE 49 TER to Subject Property on R at curve which becomes NE 24 PL, Address: 4971 NE 24th Place. 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 _ All Amendments Rural Land (1 du/ ac) Low Residential (0-1 du/ac) Medium Residential (1-4 du/ac) High Residential (4-8 du/ac) Urban Residential (8 - du/ac) Rural Activity Center (0-2 du/ac; FAR 0.35) Rural Community (0-3 du/ac; FAR 0.70) Commercial (0-6 du/ac; FAR 1.0) Employment Center (0-12 du/ac; FAR 2.0) Commerce District (N/A; FAR 2.0) Public (N/A; FAR 1.0) Preservation (N/A; N/A) Municipality
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