Marion County Board of County Commissioners

Transcription

1 Marion County Board of County Commissioners Date: 10/4/26 P&Z: 9/26/26 BCC: 10/18/26 Item Number SU Type of Application Special Use Permit Request Special Use Permit to allow a crematory as an accessory use to a proposed funeral home in B-4, Regional Business, zone Owner/ Applicant VNML, LLC/ Skip Knopke Parcel #/Acreage / 2.84 acres Future Land Use Commercial Existing Zoning B-4 Regional Business Staff Recommendation Approval With Conditions P&Z Recommendation: Approval with conditions (on Consent) Item Summary Staff is recommending Approval With Conditions of a special use permit request to allow a crematory at a proposed funeral home on approximately 2.84 acres, as requested in accordance with the Marion County Land Development Code (LDC), Article 2, Division 8 Special Use Permit in a B-4, Regional Business, zoning classification. Public Notice Notice of public hearing was mailed to 14 property owners within 300 feet of the subject property. No oral or written comments in opposition have been received at the time of this report s distribution. Page 1 8

2 Project Planner Natalia Cox, Planner II Additional Information Comprehensive Plan Amendment: None Code Enforcement Action: None Background Location The subject property is located approximately ¾ mile northeast of SW Hwy 484 on the east side of SR 200 with physical address SW 93 rd Court. The subject property is within the Mercantile Bank Plaza which comprises Lots 2&3 in the Oak Ridge Business Center Subdivision. The site is also within the Secondary Springs Protection Zone and inside the Marion County Urban Growth Boundary. The following table summarizes adjacent future land use designations, zoning districts and existing uses: Direction of Adjacency North South East West ADJACENT PROPERTY CHARACTERISITICS Future Land Zoning Existing Use Use/MCPA Designation Property Class Commercial B-4 Regional Triple Crown Plaza Business Commercial B-4 Regional Chili s Bar & Grill Commercial Commercial Business B-4 Regional Business B-4 Regional Business Soapy s Car Wash & Vacant Timberidge Emergency Room- MRMC Request The applicant requests a special use permit to allow a funeral home with crematory on 2.84 acres zoned B-4, Regional Business, within three (3) units of the Mercantile Bank Plaza located on SR 200. The applicant is proposing to conduct business Monday thru Friday, from 9 am to 5 pm, and by appointment on Saturdays and Sundays. A funeral home itself is a permitted use; the Special Use is for the addition of the crematory. Analysis In reaching its decision, the Board of County Commissioners must address the following: a. Granting the proposed Special Use Permit will not adversely affect the public interest. The subject property is improved with the Mercantile Bank Plaza which has seven units (Unit 100 thru Unit 700, 10,755SF total), and a drive-thru with one current tenant, namely Deems Kitchen. The applicant is requesting a special use permit on behalf of Baldwin Brothers, a funeral and cremation society with 9 existing Florida facilities, to be located in Units 200, 300 & 400 for a total of 4,629SF in B-4, Regional Business, zoning, as depicted in the submitted Mercantile Bank Plaza conceptual plan. The intent of the applicant is to continue to provide quality, affordable funeral services in smaller facilities. Due to the high demand in the area, Baldwin Brothers seeks to open this second Page 2 8

3 location (current one is located at 954 E. Silver Springs Blvd, Unit# 200) for funeral and cremation services. The following are to be considered when reviewing this request: - Established in 80 in New Smyrna Beach - Nine (9) existing facilities: Apopka, New Smyrna Beach, Ocala, Orlando, Ormond Beach, Port Orange, Tavares, The Villages and Winter Park. Five (5) of these facilities are in a commercial plaza - Licensed by the State of Florida for a Funeral Establishment and a Cinerator Facility - Licensed by the City of Ocala (Business license# A49281) Funeral Mortician - Proposed new 200 location generalities: o 3 Units in the Mercantile Bank Plaza Units 200, 300 & 400 (there is potential for an additional unit) o Total square feet: 4,629SF (1,543 SF/unit) o Funeral/Cremation Equipment/Rooms: two (2) cremation machines, one (1) processing station, one (1) embalming room, one (1) refrigeration room o Facility: Business office/conference room, viewing area, kitchen o # of employees: 4 o Day/times of operation: Available 24 hours/day. Business hours: Monday thru Friday, 9am 5 pm. Saturdays and Sundays by appointment. o Signage & parking are existing at the site o Access is via SW 93 rd Court Road According to the applicant, no odors are anticipated as technology of the equipment and emission controls are routinely inspected and strictly enforced. A chimney system allows for the escape of fumes related to the process, which is less pervasive than a restaurant vent system. All things considered, granting the request will not adversely affect the public interest. b. The proposed Special Use Permit is consistent with the current Comprehensive Plan. The FLU Map 1: Marion County 2035 Future Land Use Map of the Comprehensive Plan designates this property as Commercial. B-4, Regional Business is the site s and surrounding area prevailing zoning. The Regional Business classification is intended to create a zoning classification to provide for the development of regional shopping centers; to establish and maintain intensive commercial activities and specialized service establishments that require centralized locations within a large service area; to provide a full range of merchandise and services usually obtainable in major department stores and their complimentary specialty shops; and to permit the development of major financial and administrative complexes that may serve a region and require a conspicuous and accessible location convenient for motorists. (LDC:Table 4.2-1). According to the Land Development Code, a mortuary/funeral establishment is a permitted use, however, a crematory requires a Special Use Permit. Therefore, this SUP request is consistent with the Comprehensive Plan and/or the Land Development Code. Page 3 8

4 c. The proposed Special Use Permit is compatible with land uses in the surrounding area. The site is part of the Mercantile Bank Plaza and is surrounded by B-4 zoned properties, namely the Triple Crown Plaza, Chili s Bar & Grill and Soapy s Car Wash. The applicant allowed staff to visit their Ocala facility on SR 40 to see firsthand the layout, operation and potential impacts of the requested use (see photographs below). Granting the Special Use Permit will be consistent with the existing land uses and/or the zoning in the surrounding area. View of cremation machine in the Ocala SR 40 Office View of the processing station in the Ocala SR 40 Office Page 4 8

5 Viewing/gathering area in the Ocala SR 40 Office View of the outside exhaust system at the Ocala SR 40 office Infrastructure Access to the property is from SW 93 rd Court Road & SW Hwy 200. Existing Conditions R/W No. Road Classification Maintenance Surface Min. Lanes Width SW 93 rd Court Road SW Hwy 200 Subdivision Local (public) Principal Arterial R/W Deficiency County Paved 2 40' 0 State Paved Page 5 8

6 Water/Sewer services are to be provided on site by Marion County Utilities. Utility Water Sewer Service Area Marion County Utilities Marion County Utilities Staff Recommendation: Approval With Conditions 1. The crematory shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval. 2. The ingress/egress shall be via SW 93 rd Court Road via the existing driveway. 3. The applicant shall maintain an active permit with the State of Florida Dept. of Financial Services (according to Chapter 497 Florida Statutes) for the duration of this Special Use Permit and shall provide a copy of any renewals/suspensions/revocations to the Growth Services Director or designee. 4. The proposed cremation, embalming and processing operation shall be conducted indoors as indicated by the applicant. 5. A new Special Use Permit will be required for any future expansion of the approved crematory use. Nothing herein would prohibit the permitted funeral home use from expanding within the B-4 zoned plaza. Page 6 8

7 Photographs View of the Mercantile Bank Plaza where the proposed funeral home & crematory is to be located. The photograph shows the existing building and parking lot. View of the existing tenant advertising sign located at the Mercantile Bank Plaza. View of Chili s Bar & Grill restaurant located next door to the Mercantile Bank Plaza. Page 7 8

8 View of the Triple Crown Plaza located north of the Mercantile Bank Plaza. View of the subject property s road frontage on SW Hwy 200. Page 8 8

9 161005SU Aerial SW 110TH ST SW 93 RD CO UR T RD SW H W Y 20 0 Subject Property 95 TH CI R AC CE S S RD SW Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Miles

10 Existing Land Use Designation SU SW 110TH ST 10 Subject Property OAK RUN NEIGHBORHOOD OAK RIDGE BUSINESS CENTER SW HWY SW 95TH CIR SW 93RD COURT RD ACCESS RD 13 WAL-MART SUPERCENTER MARION CENTER 57 Use per MC Property Appraiser Single Family Res 50-69/99 Agricultural 00/10/40/70 Vacant 71 Church 02 Mobile Home 06-07/11-39 Commercial Industrial Public 82 Recreation 03-05/08 Multi-Family 77 Club/Lodge/Union Hall OWNER: AGENT: PARCEL(S): LOCATION: 1 inch = 375 feet VNML, LLC Skip Knopke SR 40, US HWY 200, SW 93rd Court Rd to Subject Property on right at: SW 93rd Court Rd 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 All Amendments Rural Land (1 du/10 ac) Urban Residential (8-16 du/ac) Employment Center (0-12 du/ac; FAR 2.0) Policy 1.20 _ Low Residential (0-1 du/ac) Medium Residential (1-4 du/ac) High Residential (4-8 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) Commerce District (N/A; FAR 2.0) Public (N/A; FAR 1.0) Preservation (N/A; N/A) Municipality

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